The claimants claimed damages for the sale by the defendants in the UK of CD’s manufactured for sale only in the far East. The defendants challenged the right of a claimant phonographic society to have the right to sue on behalf of its members.
Held: The right to issue representative actions varies with the nature of the claim. Did members of the society have a common interest in preventing parallel imports as opposed to preventing copyright piracy? Yes. The claims were all of the same nature and it was to be expected that the members would have a complaint. It was not necessary to require the claimants to circularise their members to obtain specific authority under CPR 19.6(2).
Judges:
The Vice-Chancellor
Citations:
[2003] EWHC 470 (Ch)
Links:
Statutes:
Copyright, Designs and Patents Act 1988 18 22 33, Civil Procedure Rules 19.6(2)
Jurisdiction:
England and Wales
Citing:
Cited – Bellefield Computer Services and others v E Turner and Sons Limited and others CA 18-Dec-2002
The defendants had carried out works of construction on the premises. They subcontracted the design, but not the supervision, of the works to architects. Years later there was a fire, which spread rapidly because of negligence in the design of a . .
Cited – John v Rees and Others; Martin and Another v Davis and Others ChD 1969
The Court was asked as to the validity of proceedings at a meeting of the members of the local Labour Party which had broken up in disorder. The proceedings were instituted by the leader of one faction on behalf of himself and all other members of . .
Cited – EMI Records v Riley ChD 1981
The defendant to an action for an injunction by the plaintiff on behalf of the British Phonographic Industry Copyright Society, said that the company did not properly represent the members of the Society.
Held: It could be inferred that all . .
Cited – Columbia Pictures Industries Inc v Robinson ChD 1986
The plaintiff had obtained an Anton Piller order against a defendant whose business consisted almost entirely in the manufacture and sale of pirated videos.
Held: The injunction had been obtained for an improper purpose and without full . .
Cited – Haarhaus v Law Debenture Trust Corporation ChD 1988
The plaintiffs brought an action on behalf of themselves and all other holders of promissory notes issued by a Nigerian Bank to restrain the trustee of the noteholders’ trust deed, from publishing details as to the votes cast at a meeting of . .
Cited – Russell-Cooke Trust Co v Elliott ChD 26-Mar-2001
The case concerned the administration of investment schemes set up by a solicitor into whose practice the Law Society had intervened.
Held: It was directed that a circular be sent to all investors to determine their views. . .
Cited by:
Cited – Emerald Supplies Ltd and Another v British Airways Plc ChD 8-Apr-2009
The claim was for damages after alleged price fixing by the defendants. The claimants sought to recover for themselves and as representatives of others who had similarly suffered. The defendants sought that the representative element of the claim be . .
Cited – Twentieth Century Fox Film Corp and Others v British Telecommunications Plc ChD 28-Jul-2011
The claimant rights holders sought an order to require the defendant broadband internet provider to deny access to its users to websites which were said to facilitate the distribution of infringing copies of their films. An earlier judgment had . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Civil Procedure Rules
Updated: 07 June 2022; Ref: scu.179742