Independiente Ltd. & Ors v Music Trading On-Line (Hk) Ltd. & Ors [2003] EWHC 470 (Ch) (13 March 2003)

Independiente Ltd. & Ors v Music Trading On-Line (Hk) Ltd. & Ors [2003] EWHC 470 (Ch) (13 March 2003)

The claimants and the relevant members of BPI and PPL have the same interest in the claim as required by CPR Rule 19.6(1), as the issues of law and fact are common and the relief sought is beneficial to all. Authority from each member is not required. There is no basis to exercise the court's discretion under CPR Rule 19.6(2) to prevent the claimants from acting as representatives.

Citation
[2003] EWHC 470 (Ch)
Parties
Claimants: Independiente Ltd and Others; Defendants: Music Trading On-Line (HK) Ltd and Others
Jurisdiction
England and Wales
Judgment Date
13 March 2003
Procedural Posture
Civil (chancery Division) / Interlocutory Application Regarding Representative Action and Amendment of Particulars of Claim
Outcome
Defendants' application to prevent representative action dismissed; claimants' application to amend particulars of claim and add claimants to be addressed as necessary.
Legal Topics
Copyright Infringement, Representative Actions, Parallel Importation, Standing to Sue, Civil Procedure Rules (cpr) Rule 19.6
Intellectual Property Civil Procedure Copyright Infringement Representative Actions Parallel Importation Standing to Sue Civil Procedure Rules (cpr) Rule 19.6

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Independiente Ltd and Others

Claimants

Music Trading On-Line (HK) Ltd and Others

Defendants

Procedural Posture

Civil (chancery Division) / Interlocutory Application Regarding Representative Action and Amendment of Particulars of Claim

Legal Issues

  1. 1 Whether the claimants can sue in a representative capacity under CPR Rule 19.6(1) on behalf of other members of BPI and PPL
  2. 2 Whether the court should direct under CPR Rule 19.6(2) that the claimants may not act as representatives
  3. 3 Whether the claimants and the represented members have the 'same interest' in the claim

Ratio Decidendi

The claimants and the relevant members of BPI and PPL have the same interest in the claim as required by CPR Rule 19.6(1), as the issues of law and fact are common and the relief sought is beneficial to all. Authority from each member is not required. There is no basis to exercise the court's discretion under CPR Rule 19.6(2) to prevent the claimants from acting as representatives.

Court Disposition

Defendants' application to prevent representative action dismissed; claimants' application to amend particulars of claim and add claimants to be addressed as necessary.

Orders

  • Defendants' application issued 23rd December 2002 dismissed.
  • No order made under CPR Rule 19.6(2) preventing representative action.