Meakin v British Broadcasting Corporation & Ors [2010] EWHC 2065 (Ch) (27 July 2010)

Meakin v British Broadcasting Corporation & Ors [2010] EWHC 2065 (Ch) (27 July 2010)

The claimant's claims for copyright infringement and breach of confidence had no real prospect of success because the alleged similarities between his proposals and the defendants' programme were at a high level of abstraction, were commonplace, and there was no evidence of access or derivation. The claims against certain defendants were unsupported by pleaded facts. The applications for summary judgment and strike out were granted, and costs were awarded to the defendants.

Citation
[2010] EWHC 2065 (Ch)
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 and breach of confidence claims; strike out of certain allegations; claimant's applications dismissed; costs awarded to defendants.
Legal Topics
Copyright Infringement, Breach of Confidence, Summary Judgment, Strike Out Applications, Costs
Intellectual Property Civil Procedure Copyright Infringement Breach of Confidence Summary Judgment Strike Out Applications 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 infringed by the defendants' programme 'Come and Have a Go If You Think You're Smart Enough' (CHG)
  2. 2 Whether the defendants had access to and copied a substantial part of the claimant's works
  3. 3 Whether the claimant's proposals qualified for copyright protection as literary or dramatic works

Ratio Decidendi

The claimant's claims for copyright infringement and breach of confidence had no real prospect of success because the alleged similarities between his proposals and the defendants' programme were at a high level of abstraction, were commonplace, and there was no evidence of access or derivation. The claims against certain defendants were unsupported by pleaded facts. The applications for summary judgment and strike out were granted, and costs were awarded to the defendants.

Court Disposition

Summary judgment granted in favour of all defendants on copyright and breach of confidence claims; strike out of certain allegations; claimant's applications dismissed; costs awarded to defendants.

Orders

  • Summary judgment for defendants on copyright infringement and breach of confidence claims
  • Strike out of allegations of criminal copyright infringement, conspiracy to defraud, and infringement of moral rights