The claimants sought unpaid royalties. The defendants sought to have the claim struck out as an abuse of process.
Held: Such interlocutory applications alleging abuse of process should now be dealt with on the same footing as other applications for summary relief. The court had to be able to say with a high degree of confidence and on summary investigation that the claim of abuse was made out and would succeed. It was not proper to allow such investigations to turn into a mini-trial. This case did have unresolved issues and had to be allowed to go to trial.
Judges:
Laddie J
Citations:
Times 24-Apr-2003, Gazette 05-Jun-2003, [2003] EWHC 625 (Ch)
Links:
Jurisdiction:
England and Wales
Cited by:
See Also – Barrett v Universal-Island Records Ltd and others ChD 15-May-2006
The claimant was entitled to share in the copyright royalties of Bob Marley and the Wailers, and claimed payment from the defendants. The defendants said that the matters had already been settled and that the claim was an abuse of process, and also . .
Lists of cited by and citing cases may be incomplete.
Civil Procedure Rules, Intellectual Property
Updated: 04 October 2022; Ref: scu.181843
