DunnCox appeared on the record in this matter on behalf of Grace Kennedy Remittance Services Limited (“GKRS”). The suit involved a claim by Paymaster Jamaica Limited (“Paymaster”) against GKRS, and a computer programmer, Paul Lowe, for damages for breach of copyright, breach of confidence, inducing breach of contract and passing off. The case represents a landmark decision in Jamaican intellectual property law, being the first action brought in Jamaican courts involving a claim under the Copyright Act in relation to computer software.
At the trial held in October 2009, GKRS was represented by Michael Hylton QC, John Vassell QC, Courtney A. Bailey and Teri-Ann Lawson instructed by DunnCox. GKRS was successful in its defence of all the claims brought against it, with the Supreme Court awarding both it and Paul Lowe judgment with costs against Paymaster on all the claims.
Paymaster appealed against the decision of the Supreme Court and in March 2015, the Court of Appeal dismissed Paymaster’s appeal in relation to breach of copyright and inducing breach of contract, but allowed its appeal in relation to breach of confidence. GKRS was represented in the Court of Appeal by Michael Hylton QC and Courtney A. Bailey instructed by DunnCox.
Paymaster and GKRS both appealed to the Judicial Committee of the Privy Council against the decision of the Court of Appeal. The Privy Council allowed GKRS’ appeal and dismissed Paymaster’s appeal, thereby finding in GKRS’ favour on all grounds. Michael Hylton QC, Courtney A. Bailey and Kevin Powell represented GKRS in the appeal and appeared before the Privy Council on GKRS’ behalf at the appeal hearing on October 24, 2017. DunnCox acted as the Jamaican instructing attorneys in the appeal, and Myers Fletcher & Gordon UK acted as Privy Council Agents and UK instructing solicitors.
Associated Gleaner Article: GraceKennedy Remittance Wins Privy Council Battle against Paymaster http://jamaica-gleaner.com/article/news/20171212/gracekennedy-remittance-wins-privy-council-battle-against-paymaster
You may view the judgement by clicking here