Jukic v British Broadcasting Corporation & Anor [2025] EWHC 221 (Ch) (10 February 2025)

Jukic v British Broadcasting Corporation & Anor [2025] EWHC 221 (Ch) (10 February 2025)

The claimant's pleadings, even if amended by subsequent documents, failed to disclose any legally recognisable cause of action for trademark infringement, copyright infringement, harassment, or computer misuse. The trademark claim failed as the claimant had no valid trademark. The computer misuse claim failed as the statute does not provide a civil remedy. The harassment claim failed for lack of a pleaded course of conduct amounting to harassment. The intellectual property claim was inadequately particularised and did not identify a copyright work or actionable copying. The claims were vague, incoherent, and incapable of amendment to cure the defects. The defendants were entitled to...

Citation
[2025] EWHC 221 (Ch)
Parties
Claimant: Gladness (also known as Tumi) Jukic; First Defendant: British Broadcasting Corporation; Second Defendant: Wall to Wall Media Limited
Jurisdiction
England and Wales
Judgment Date
10 February 2025
Procedural Posture
Intellectual Property and Related Civil Claims / Summary Judgment and Strike Out Applications
Outcome
Claim struck out and summarily dismissed in its entirety.
Legal Topics
Copyright Infringement, Trademark Infringement, Harassment, Computer Misuse, Summary Judgment, Strike Out Applications
Intellectual Property Civil Procedure Copyright Infringement Trademark Infringement Harassment Computer Misuse Summary Judgment Strike Out Applications

Case Brief

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Parties

Gladness (also known as Tumi) Jukic

Claimant

British Broadcasting Corporation

First Defendant

Wall to Wall Media Limited

Second Defendant

Procedural Posture

Intellectual Property and Related Civil Claims / Summary Judgment and Strike Out Applications

Legal Issues

  1. 1 Whether the claimant's pleadings disclose any legally recognisable cause of action for trademark infringement, copyright infringement, harassment, or computer misuse; whether the claim should be struck out or summarily dismissed for lack of reasonable grounds or prospects of success.

Ratio Decidendi

The claimant's pleadings, even if amended by subsequent documents, failed to disclose any legally recognisable cause of action for trademark infringement, copyright infringement, harassment, or computer misuse. The trademark claim failed as the claimant had no valid trademark. The computer misuse claim failed as the statute does not provide a civil remedy. The harassment claim failed for lack of a pleaded course of conduct amounting to harassment. The intellectual property claim was inadequately particularised and did not identify a copyright work or actionable copying. The claims were vague, incoherent, and incapable of amendment to cure the defects. The defendants were entitled to...

Court Disposition

Claim struck out and summarily dismissed in its entirety.

Orders

  • Claimant's claim is struck out as against both defendants.
  • Summary judgment is entered for the defendants on all claims.