Football Dataco Ltd & Ors v Brittens Pools Ltd & Ors [2009] EWHC 3294 (Ch) (26 November 2009)

Football Dataco Ltd & Ors v Brittens Pools Ltd & Ors [2009] EWHC 3294 (Ch) (26 November 2009)

The Master did not err in principle or exceed the bounds of discretion in ordering the Fixture Lists issue to be tried as a preliminary point and staying other issues; all relevant factors, including delay and the position of Brittens, were properly considered.

Citation
[2009] EWHC 3294 (Ch)
Parties
Claimant/appellant: Football Dataco Limited; Claimant/appellant: The Football Association Premier League Limited; Claimant/appellant: The Football League Limited; Claimant/appellant: The Scottish Premier League Limited; Claimant/appellant: The Scottish Football League; Claimant/appellant: PA Sport UK Limited; Defendant/respondent: Brittens Pools Limited; Defendant/respondent: Yahoo! UK Limited; Defendant/respondent: Stan James (Abingdon) Limited; Defendant/respondent: Stan James PLC; Defendant/respondent: Enet Pulse APS
Jurisdiction
England and Wales
Judgment Date
26 November 2009
Procedural Posture
Appeal From Case Management Order (chancery Division, Intellectual Property) / Appeal Against Order for Preliminary Issue Trial and Stay of Other Issues
Outcome
Appeal dismissed
Legal Topics
Copyright Infringement, Database Right, Case Management, Preliminary Issues, Discretionary Appellate Review
Intellectual Property Civil Procedure Copyright Infringement Database Right Case Management Preliminary Issues Discretionary Appellate Review

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Parties

Football Dataco Limited

Claimant/appellant

The Football Association Premier League Limited

Claimant/appellant

The Football League Limited

Claimant/appellant

The Scottish Premier League Limited

Claimant/appellant

The Scottish Football League

Claimant/appellant

PA Sport UK Limited

Claimant/appellant

Brittens Pools Limited

Defendant/respondent

Yahoo! UK Limited

Defendant/respondent

Stan James (Abingdon) Limited

Defendant/respondent

Stan James PLC

Defendant/respondent

Enet Pulse APS

Defendant/respondent

Procedural Posture

Appeal From Case Management Order (chancery Division, Intellectual Property) / Appeal Against Order for Preliminary Issue Trial and Stay of Other Issues

Legal Issues

  1. 1 Whether the Master erred in exercising discretion to order trial of the Fixture Lists issue as a preliminary point and stay other issues
  2. 2 Whether the delay and procedural consequences of the order were properly considered
  3. 3 Whether the financial position of a defendant (Brittens) was wrongly taken into account

Ratio Decidendi

The Master did not err in principle or exceed the bounds of discretion in ordering the Fixture Lists issue to be tried as a preliminary point and staying other issues; all relevant factors, including delay and the position of Brittens, were properly considered.

Court Disposition

Appeal dismissed

Orders

  • Order of Master Bragge affirmed: trial of Fixture Lists issue as preliminary point; stay of other issues pending judgment on preliminary point; further directions to be given after preliminary issue if necessary