Airconco UK Ltd v DC Air Conditioning and Refrigeration Ltd [2026] EWHC 998 (Ch) (30 April 2026)

Airconco UK Ltd v DC Air Conditioning and Refrigeration Ltd [2026] EWHC 998 (Ch) (30 April 2026)

District Judge was entitled to assess damages based on Airconco's advertised licence fee, supported by evidence of licences and invoices, as the second General Tire approach was available; previous licences were relevant despite some being granted under threat of litigation; evidence from copywriters was properly...

Source-derived case information.

Citation
[2026] EWHC 998 (Ch)
Parties
Claimant/respondent: AIRCONCO UK LIMITED; Defendant/appellant: DC AIR CONDITIONING AND REFRIGERATION LIMITED
Jurisdiction
England and Wales
Judgment Date
30 April 2026
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Copyright Infringement, Damages Assessment, Licence Fee Calculation, Relief From Sanctions, Small Claims Track Procedure
Intellectual Property Copyright Copyright Infringement Damages Assessment Licence Fee Calculation Relief From Sanctions Small Claims Track Procedure

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Parties

AIRCONCO UK LIMITED

Claimant/respondent

DC AIR CONDITIONING AND REFRIGERATION LIMITED

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether damages for copyright infringement should be assessed based on claimant's licence fee or cost of commissioning new copy
  2. 2 Whether previous licences granted under threat of litigation are relevant to notional licence fee
  3. 3 Whether District Judge erred in evaluating evidence of copywriters

Ratio Decidendi

District Judge was entitled to assess damages based on Airconco's advertised licence fee, supported by evidence of licences and invoices, as the second General Tire approach was available; previous licences were relevant despite some being granted under threat of litigation; evidence from copywriters was properly given little weight as they were not cross-examined.

Court Disposition

Appeal dismissed

Orders

  • Retrospective permission granted to file Appellant's Notice out of time
  • Damages award of £10,000 upheld