Peer International Corp & Ors v Editora Musical De Cuba [2008] EWCA Civ 1260 (26 November 2008)

Peer International Corp & Ors v Editora Musical De Cuba [2008] EWCA Civ 1260 (26 November 2008)

The Court of Appeal held that the trial judge did not err in law or principle in making no order as to costs. The judge was entitled to conclude that, although EMC was successful in defeating Peer's claim, it had unreasonably prolonged and failed on a host of issues, including allegations of fraud and unconscionability, many of which it had no standing to raise. The judge's reasoning was adequate, and his exercise of discretion was within the permissible ambit. The appeal was dismissed.

Citation
[2008] EWCA Civ 1260
Parties
Claimant: Peer International Corporation; Claimant: Southern Music Publishing Company Inc; Claimant: Peermusic (UK) Ltd; Part 20 Defendant / Appellant: Editora Musical de Cuba
Jurisdiction
England and Wales
Judgment Date
26 November 2008
Procedural Posture
Appeal (costs) / Court of Appeal Judgment on Appeal From High Court (chancery Division)
Outcome
Appeal dismissed
Legal Topics
Copyright, Costs, Standing (locus Standi), Contract Law, Restraint of Trade, Fraud/misrepresentation, Unconscionability, Foreign Law (cuban Law)
Intellectual Property Civil Procedure Copyright Costs Standing (locus Standi) Contract Law Restraint of Trade Fraud/misrepresentation +2 more

Case Brief

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Parties

Peer International Corporation

Claimant

Southern Music Publishing Company Inc

Claimant

Peermusic (UK) Ltd

Claimant

Editora Musical de Cuba

Part 20 Defendant / Appellant

Procedural Posture

Appeal (costs) / Court of Appeal Judgment on Appeal From High Court (chancery Division)

Legal Issues

  1. 1 Whether the trial judge erred in law in making no order as to costs after dismissing the claimants' claim to UK copyright in 13 songs.
  2. 2 Whether the judge properly exercised his discretion under CPR 44.3 in light of the parties' respective successes and failures on issues, including standing, fraud, and unconscionability.
  3. 3 Whether the judge failed to decide or properly address an important aspect of the appellant's case regarding unconscionability in the Further Dealings.

Ratio Decidendi

The Court of Appeal held that the trial judge did not err in law or principle in making no order as to costs. The judge was entitled to conclude that, although EMC was successful in defeating Peer's claim, it had unreasonably prolonged and failed on a host of issues, including allegations of fraud and unconscionability, many of which it had no standing to raise. The judge's reasoning was adequate, and his exercise of discretion was within the permissible ambit. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs between EMC and Peer; costs of the Cuban visit to remain with EMC.