Lilley v Chartered Institute of Management Accountants [2013] EWHC 1354 (Ch) (15 March 2013)

Lilley v Chartered Institute of Management Accountants [2013] EWHC 1354 (Ch) (15 March 2013)

The claim is time-barred for acts prior to 26 April 2006 as there is no basis for postponement of the limitation period under section 32 of the Limitation Act 1980; the claim for damages for 'unlawfully resisting the infringement claim' discloses no cause of action and is struck out; the claim may proceed only in respect of alleged copyright infringements after 26 April 2006, subject to Mr Lilley providing particulars of downloading in the UK within 28 days.

Citation
[2013] EWHC 1354 (Ch)
Parties
Claimant/respondent: Victor Lilley; Applicant/defendant: Chartered Institute of Management Accountants
Jurisdiction
England and Wales
Judgment Date
15 March 2013
Procedural Posture
Application to Strike Out Claim / Interlocutory (application to Strike Out Under CPR 3.4 And/or Inherent Jurisdiction)
Outcome
Claim struck out in part; directions given for remaining claim.
Legal Topics
Copyright Infringement, Limitation of Actions, Amendment of Parties, Jurisdiction, Abuse of Process
Intellectual Property Civil Procedure Copyright Infringement Limitation of Actions Amendment of Parties Jurisdiction Abuse of Process

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Parties

Victor Lilley

Claimant/respondent

Chartered Institute of Management Accountants

Applicant/defendant

Procedural Posture

Application to Strike Out Claim / Interlocutory (application to Strike Out Under CPR 3.4 And/or Inherent Jurisdiction)

Legal Issues

  1. 1 Whether the claim is time-barred under the Limitation Act 1980
  2. 2 Whether the substitution of CIMA for Mr Tilly as defendant is permissible under CPR 19.5
  3. 3 Whether the claim discloses a cause of action for copyright infringement within the relevant limitation period

Ratio Decidendi

The claim is time-barred for acts prior to 26 April 2006 as there is no basis for postponement of the limitation period under section 32 of the Limitation Act 1980; the claim for damages for 'unlawfully resisting the infringement claim' discloses no cause of action and is struck out; the claim may proceed only in respect of alleged copyright infringements after 26 April 2006, subject to Mr Lilley providing particulars of downloading in the UK within 28 days.

Court Disposition

Claim struck out in part; directions given for remaining claim.

Orders

  • Claim struck out in so far as it seeks damages for any period prior to 26 April 2006.
  • Claim for damages for 'unlawfully resisting the infringement claim' struck out.