The Football Association Premier League Ltd v O'Donovan & Anor

The Football Association Premier League Ltd v O'Donovan & Anor

The stay under CPR 15.11 is lifted and permission to amend the particulars of claim is granted because there is adequate explanation for the delay, no prejudice to the defendant, and the amendments reflect changes in law and fact since the claim was issued. The court has discretion to allow new causes of action arising after the claim was issued, and it is just to do so in this case, with the new claims taking effect from the date the relevant facts arose.

Parties
Claimant: The Football Association Premier League Limited; First Defendant: Patrick O’Donovan; Second Defendant: Barclays Bank PLC
Jurisdiction
England and Wales
Judgment Date
03 February 2017
Procedural Posture
Civil / Application to Lift Stay and Amend Particulars of Claim
Outcome
Stay lifted; permission to amend particulars of claim granted
Legal Topics
Copyright Infringement, Amendment of Pleadings, Stay of Proceedings, Relation Back Doctrine
Intellectual Property Civil Procedure Copyright Infringement Amendment of Pleadings Stay of Proceedings Relation Back Doctrine

Case Brief

Summary, issues, holding and outcome

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Parties

The Football Association Premier League Limited

Claimant

Patrick O’Donovan

First Defendant

Barclays Bank PLC

Second Defendant

Procedural Posture

Civil / Application to Lift Stay and Amend Particulars of Claim

Legal Issues

  1. 1 Whether the stay imposed by CPR 15.11 should be lifted
  2. 2 Whether permission should be granted to amend the particulars of claim to include new causes of action arising after the claim was issued

Ratio Decidendi

The stay under CPR 15.11 is lifted and permission to amend the particulars of claim is granted because there is adequate explanation for the delay, no prejudice to the defendant, and the amendments reflect changes in law and fact since the claim was issued. The court has discretion to allow new causes of action arising after the claim was issued, and it is just to do so in this case, with the new claims taking effect from the date the relevant facts arose.

Court Disposition

Stay lifted; permission to amend particulars of claim granted

Orders

  • The stay imposed by CPR 15.11 is lifted.
  • Permission is granted to amend the particulars of claim in the terms of the draft filed with the court.