Football Dataco Ltd & Ors v Brittens Pools Ltd & Ors

Football Dataco Ltd & Ors v Brittens Pools Ltd & Ors

The Master did not err in principle in ordering the trial of the Fixture Lists issue as a preliminary point and staying the Live Data issue; all relevant factors including delay, the position of minor defendants, and the structure of the litigation were properly considered. The appeal is dismissed.

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 (case Management Directions) / Appeal From Order for Directions (case Management Conference)
Outcome
Appeal dismissed
Legal Topics
Copyright Infringement, Database Right, Case Management, Preliminary Issues, Discretion of Court
Intellectual Property Civil Procedure Copyright Infringement Database Right Case Management Preliminary Issues Discretion of Court

Case Brief

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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 (case Management Directions) / Appeal From Order for Directions (case Management Conference)

Legal Issues

  1. 1 Whether the Master erred in principle in ordering the trial of the Fixture Lists issue as a preliminary point and staying the Live Data issue
  2. 2 Whether the Master wrongly took into account the position of a minor defendant (Brittens)
  3. 3 Whether delay and possible references to the European Court of Justice were properly considered

Ratio Decidendi

The Master did not err in principle in ordering the trial of the Fixture Lists issue as a preliminary point and staying the Live Data issue; all relevant factors including delay, the position of minor defendants, and the structure of the litigation were properly considered. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. The order of Master Bragge stands.