Phonographic Performance Ltd v Hagan & Ors (t/a Lower Ground Bar and the Brent Tavern) [2016] EWHC 3076 (IPEC) (30 November 2016)

Phonographic Performance Ltd v Hagan & Ors (t/a Lower Ground Bar and the Brent Tavern) [2016] EWHC 3076 (IPEC) (30 November 2016)

The court awarded additional damages of £2,000 under s.97(2) CDPA 1988 due to the flagrancy of Mr Hagan's infringement, applied Part 36.14(3) to grant PPL enhanced interest, indemnity costs, and an additional 10% of damages, and held that IPEC costs caps do not apply to indemnity costs under Part 36.14(3)(b).

Citation
[2016] EWHC 3076 (IPEC)
Parties
Claimant: Phonographic Performance Limited; First Defendant: Raymond Hagan (aka Raymond Edward O'Hagan) t/a Lower Ground Bar and The Brent Tavern; Second Defendant: Edward Hagan t/a Lower Ground Bar; Third Defendant: Gerard Byrne t/a The Brent Tavern
Jurisdiction
England and Wales
Judgment Date
30 November 2016
Procedural Posture
Copyright Infringement Claim / Post Trial, Determination of Additional Damages, Interest, and Costs
Outcome
Judgment for the claimant with additional damages, interest, indemnity costs, and an additional sum awarded.
Legal Topics
Copyright Infringement, Additional Damages, Interest on Damages, Costs Consequences of Part 36 Offer, Bankruptcy and Contingent Liabilities
Intellectual Property Copyright Law Civil Procedure Copyright Infringement Additional Damages Interest on Damages Costs Consequences of Part 36 Offer Bankruptcy and Contingent Liabilities

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 5 Authorities cited 17 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Phonographic Performance Limited

Claimant

Raymond Hagan (aka Raymond Edward O'Hagan) t/a Lower Ground Bar and The Brent Tavern

First Defendant

Edward Hagan t/a Lower Ground Bar

Second Defendant

Gerard Byrne t/a The Brent Tavern

Third Defendant

Procedural Posture

Copyright Infringement Claim / Post Trial, Determination of Additional Damages, Interest, and Costs

Legal Issues

  1. 1 Whether additional damages should be awarded under s.97(2) of the Copyright, Designs and Patents Act 1988
  2. 2 Whether damages should be awarded under Article 13(1) of Directive 2004/48/EC
  3. 3 Application of CPR Part 36.14(3) to costs and interest in IPEC

Ratio Decidendi

The court awarded additional damages of £2,000 under s.97(2) CDPA 1988 due to the flagrancy of Mr Hagan's infringement, applied Part 36.14(3) to grant PPL enhanced interest, indemnity costs, and an additional 10% of damages, and held that IPEC costs caps do not apply to indemnity costs under Part 36.14(3)(b).

Court Disposition

Judgment for the claimant with additional damages, interest, indemnity costs, and an additional sum awarded.

Orders

  • Additional damages of £2,000 awarded to PPL under s.97(2) CDPA 1988.
  • Interest on damages at 4% above base rate from 25 October 2013; 2% above base rate before that date.