Allen v Bloomsbury Publishing Plc & Anor

Allen v Bloomsbury Publishing Plc & Anor

The claim may succeed but is improbable; the evidence raises real disputes of fact and complex issues unsuitable for summary determination. The defendants have not established that Mr Allen has no real prospect of success, particularly regarding access and substantial part. Summary judgment is refused; a conditional order for security for costs is indicated.

Parties
Claimant: Paul Gregory Allen (acting as trustee of Adrian Jacobs (deceased)); 1st Defendant: Bloomsbury Publishing PLC; 2nd Defendant: Joanne Kathleen Murray (professionally known as JK Rowling)
Jurisdiction
England and Wales
Judgment Date
14 October 2010
Procedural Posture
Intellectual Property / Summary Judgment Application
Outcome
Summary judgment refused; conditional order for security for costs indicated.
Legal Topics
Copyright Infringement, Substantial Part, Ideas Vs Expression, Summary Judgment, Security for Costs
Copyright Intellectual Property Copyright Infringement Substantial Part Ideas Vs Expression Summary Judgment Security for Costs

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Parties

Paul Gregory Allen (acting as trustee of Adrian Jacobs (deceased))

Claimant

Bloomsbury Publishing PLC

1st Defendant

Joanne Kathleen Murray (professionally known as JK Rowling)

2nd Defendant

Procedural Posture

Intellectual Property / Summary Judgment Application

Legal Issues

  1. 1 Whether Harry Potter and the Goblet of Fire infringes copyright in Willy the Wizard
  2. 2 Whether Ms Rowling had access to Willy the Wizard
  3. 3 Whether similarities constitute copying of a substantial part

Ratio Decidendi

The claim may succeed but is improbable; the evidence raises real disputes of fact and complex issues unsuitable for summary determination. The defendants have not established that Mr Allen has no real prospect of success, particularly regarding access and substantial part. Summary judgment is refused; a conditional order for security for costs is indicated.

Court Disposition

Summary judgment refused; conditional order for security for costs indicated.

Orders

  • Summary judgment applications dismissed.
  • Conditional order for security for costs to be considered after further argument.