Lilley v Chartered Institute of Management Accountants

Lilley v Chartered Institute of Management Accountants

The claim for acts prior to 26 April 2006 is time barred and struck out as section 32 of the Limitation Act 1980 does not apply; the claim for damages for unlawfully resisting the infringement claim discloses no cause of action and is struck out; Mr Lilley is given 28 days to provide particulars of any downloading in the UK after 26 April 2006.

Parties
Claimant/respondent: Victor Lilley; Applicant/defendant: Chartered Institute of Management Accountants
Jurisdiction
England and Wales
Judgment Date
15 March 2013
Procedural Posture
Civil / Application to Strike Out Claim
Outcome
Claim partially struck out; extension of time granted; particulars required for remaining claim.
Legal Topics
Copyright Infringement, Limitation of Actions, Strike Out Applications, Jurisdiction, Damages
Intellectual Property Civil Procedure Copyright Infringement Limitation of Actions Strike Out Applications Jurisdiction Damages

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Parties

Victor Lilley

Claimant/respondent

Chartered Institute of Management Accountants

Applicant/defendant

Procedural Posture

Civil / Application to Strike Out Claim

Legal Issues

  1. 1 Whether the claim for copyright infringement and breach of contract 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 section 32 of the Limitation Act 1980 postpones the limitation period due to fraud, concealment, or mistake

Ratio Decidendi

The claim for acts prior to 26 April 2006 is time barred and struck out as section 32 of the Limitation Act 1980 does not apply; the claim for damages for unlawfully resisting the infringement claim discloses no cause of action and is struck out; Mr Lilley is given 28 days to provide particulars of any downloading in the UK after 26 April 2006.

Court Disposition

Claim partially struck out; extension of time granted; particulars required for remaining claim.

Orders

  • Claim struck out in respect of acts prior to 26 April 2006.
  • Claim for damages for unlawfully resisting the infringement claim struck out.