Meakin v British Broadcasting Corporation & Ors

Meakin v British Broadcasting Corporation & Ors

The claimant's claims for copyright infringement have no real prospect of success because the alleged similarities are at a high level of abstraction, are commonplace, and there is no evidence of access or derivation. The claims for breach of confidence in relation to unrelated games and programmes are speculative and unsustainable. Certain allegations are irrelevant or unsupported and must be struck out. Costs follow the event and are awarded to the successful defendants.

Parties
Claimant: Robin George Le Strange Meakin; First Defendant: British Broadcasting Corporation; Second Defendant: Paul Adrian Smith; Third Defendant: Celador Productions Limited; Fourth Defendant: Martin Scott
Jurisdiction
England and Wales
Judgment Date
27 July 2010
Procedural Posture
Intellectual Property Copyright and Breach of Confidence / Summary Judgment and Strike Out Applications
Outcome
Summary judgment granted in favour of all defendants on copyright infringement claims; strike out of unsustainable breach of confidence and other allegations; costs awarded to defendants.
Legal Topics
Copyright Infringement, Breach of Confidence, Summary Judgment, Striking Out Pleadings, Costs
Intellectual Property Civil Procedure Copyright Infringement Breach of Confidence Summary Judgment Striking Out Pleadings Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Robin George Le Strange Meakin

Claimant

British Broadcasting Corporation

First Defendant

Paul Adrian Smith

Second Defendant

Celador Productions Limited

Third Defendant

Martin Scott

Fourth Defendant

Procedural Posture

Intellectual Property Copyright and Breach of Confidence / Summary Judgment and Strike Out Applications

Legal Issues

  1. 1 Whether the claimant's television game show proposals were copied in the defendants' programme 'Come and Have a Go If You Think You're Smart Enough' (CHG)
  2. 2 Whether the claimant's proposals attract copyright as literary or dramatic works
  3. 3 Whether there was access and derivation sufficient to support copyright infringement

Ratio Decidendi

The claimant's claims for copyright infringement have no real prospect of success because the alleged similarities are at a high level of abstraction, are commonplace, and there is no evidence of access or derivation. The claims for breach of confidence in relation to unrelated games and programmes are speculative and unsustainable. Certain allegations are irrelevant or unsupported and must be struck out. Costs follow the event and are awarded to the successful defendants.

Court Disposition

Summary judgment granted in favour of all defendants on copyright infringement claims; strike out of unsustainable breach of confidence and other allegations; costs awarded to defendants.

Orders

  • Summary judgment for all defendants on copyright infringement claims
  • Strike out of breach of confidence claims relating to unrelated games and programme