Allen v Bloomsbury Publishing Plc & Anor [2011] EWHC 770 (Ch) (18 March 2011)

Allen v Bloomsbury Publishing Plc & Anor [2011] EWHC 770 (Ch) (18 March 2011)

Given the improbability of the claim's success, the claimant's status as a nominal claimant unable to pay the defendants' costs, lack of full and candid disclosure of means, and want of good faith in the conduct of the litigation, it is just to order security for costs as a condition of continuing the claim. The evidence does not establish that such an order would stifle the claim.

Citation
[2011] EWHC 770 (Ch)
Parties
Claimant: Paul Gregory Allen (acting as trustee of Adrian Jacobs (deceased)); 1st Defendant: Bloomsbury Publishing PLC; 2nd Defendant: Joanne Kathleen Murray (JK Rowling)
Jurisdiction
England and Wales
Judgment Date
18 March 2011
Procedural Posture
Civil Intellectual Property / Application for Summary Judgment Or, Alternatively, Conditional Order for Security for Costs
Outcome
Conditional order granted requiring claimant to provide security for defendants' costs as a condition of continuing the claim; costs of the application to be costs in the case.
Legal Topics
Copyright Infringement, Security for Costs, Summary Judgment, Nominal Claimant, Good Faith in Litigation
Intellectual Property Civil Procedure Copyright Infringement Security for Costs Summary Judgment Nominal Claimant Good Faith in Litigation

Case Brief

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Parties

Paul Gregory Allen (acting as trustee of Adrian Jacobs (deceased))

Claimant

Bloomsbury Publishing PLC

1st Defendant

Joanne Kathleen Murray (JK Rowling)

2nd Defendant

Procedural Posture

Civil Intellectual Property / Application for Summary Judgment Or, Alternatively, Conditional Order for Security for Costs

Legal Issues

  1. 1 Whether the claimant should be required to provide security for the defendants' costs as a condition of continuing the claim
  2. 2 Whether the claimant is a nominal claimant unable to pay the defendants' costs if ordered
  3. 3 Whether there has been a want of good faith in the conduct of the claim

Ratio Decidendi

Given the improbability of the claim's success, the claimant's status as a nominal claimant unable to pay the defendants' costs, lack of full and candid disclosure of means, and want of good faith in the conduct of the litigation, it is just to order security for costs as a condition of continuing the claim. The evidence does not establish that such an order would stifle the claim.

Court Disposition

Conditional order granted requiring claimant to provide security for defendants' costs as a condition of continuing the claim; costs of the application to be costs in the case.

Orders

  • Claimant must provide security for defendants' costs in a sum to be determined.
  • If security is not provided, the claim will be dismissed.