Sergio Mendes Costa v Dissociadid Ltd & Anor

Sergio Mendes Costa v Dissociadid Ltd & Anor

The appeal was allowed in part: the judge erred in failing to address the Part 18/specific disclosure application and in awarding costs for unreasonable conduct without proper consideration. The judge was entitled to decide the application on the papers and Mr Costa had opportunity to make submissions. The strike-out application was properly dismissed, but the costs order was set aside. New directions for quantum proceedings are required.

Parties
Appellant/claimant: Sergio Mendes Costa; Respondent/defendant: Dissociadid Ltd; Respondent/defendant: Chloe Wilkinson
Jurisdiction
England and Wales
Judgment Date
18 November 2025
Procedural Posture
Civil Appeal / Appeal From Case Management Orders in Quantum Proceedings
Outcome
Appeal allowed in part; costs order set aside; case remitted for further directions.
Legal Topics
Copyright Infringement, Tort of Unlawful Interference, Case Management, Costs, Disclosure, Quantum Assessment
Intellectual Property Civil Procedure Copyright Infringement Tort of Unlawful Interference Case Management Costs Disclosure Quantum Assessment

Case Brief

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Parties

Sergio Mendes Costa

Appellant/claimant

Dissociadid Ltd

Respondent/defendant

Chloe Wilkinson

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Case Management Orders in Quantum Proceedings

Legal Issues

  1. 1 Whether the judge erred in deciding the application without a hearing or submissions
  2. 2 Whether the judge erred in declining jurisdiction under CPR 23.8(3)
  3. 3 Whether damages for upload restrictions and sponsorship were recoverable

Ratio Decidendi

The appeal was allowed in part: the judge erred in failing to address the Part 18/specific disclosure application and in awarding costs for unreasonable conduct without proper consideration. The judge was entitled to decide the application on the papers and Mr Costa had opportunity to make submissions. The strike-out application was properly dismissed, but the costs order was set aside. New directions for quantum proceedings are required.

Court Disposition

Appeal allowed in part; costs order set aside; case remitted for further directions.

Orders

  • Judge's costs order in the 15 July Order is set aside.
  • Application for further information and specific disclosure remains to be addressed.