FilmFlex Movies Ltd v Piksel Ltd

Contract – Construction. The claimant company provided video-on-demand movie streaming services. The defendant company was a video broadband software designer and developer and a managed services provider. The claimant applied for an order for the delivery up of source code and related documentation, which was held by an escrow agent. The Chancery Division, in determining a preliminary issue, held that, on the true construction of the contractual arrangements and on the facts, the claimant was entitled to delivery up of the source code by the defendant and entitled to require the defendant to procure the delivery up of the source code by escrow agents, which held the code.

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