Craig Baillie, Stephen Lambert, Jameson Technologies, Dualglo Ltd, Lacomp Plc, Lacomp Ltd and DualGlo Technology Plc v Bromhead & Co, Bromhead Johnson and Michael Spencer, High Court, 2 July 2014,  EWHC 2149 (Ch), Birss J
The claimants were made up of individuals who had developed some glow-in-the-dark plastics with high daytime visibility, companies set up to exploit their ideas and investors in those companies. They sued a patent attorney, Dr Spencer, and his firms, for negligence on several counts arising from: Dr Spencer’s investigative work preliminary to the prosecution of patent applications; advice given in relation to potentially relevant prior art; and advice given in relation to the possible infringement of, and commercial strategy regarding, a third party’s patent filing.
While the High Court judge, Birss J, considered a number of the claimants’ criticisms of Dr Spencer to be well-founded, for each of the pleaded particulars he held that the elements of a claim for negligence were incomplete and, therefore, the claimants’ claim failed. The defendants’ counterclaim for unpaid professional fees succeeded.