Sheeran & Ors v Chokri & Ors

Sheeran & Ors v Chokri & Ors

The Deputy Master was entitled to find that the pleaded instances of alleged copying in other songs could, if proved, be logically probative of the main issue of copying in the present case. The lack of particularisation could be addressed by further information requests, and the Deputy Master properly considered the proportionality and fairness of allowing the pleas to stand. There was no misdirection or error justifying appellate interference with the case management decision.

Parties
Appellant/claimant: Edward Christopher Sheeran MBE; Appellant/claimant: Steven McCutcheon; Appellant/claimant: John McDaid; Appellant/claimant: Sony/ATV Music Publishing (UK) Limited; Appellant/claimant: Rokstone Music Limited; Appellant/claimant: Spirit Unique JV SARL; Appellant/claimant: Kobalt Music Copyright SARL; Respondent/defendant: Sami Chokri; Respondent/defendant: Ross O’Donoghue; Respondent/defendant: Artists & Company Limited
Jurisdiction
England and Wales
Judgment Date
09 December 2019
Procedural Posture
Civil Intellectual Property (copyright) / Appeal Against Case Management Order (strike Out Application)
Outcome
appeal dismissed
Legal Topics
Copyright Infringement, Similar Fact Evidence, Pleadings, Case Management, Admissibility of Evidence
Intellectual Property Law Copyright Infringement Similar Fact Evidence Pleadings Case Management Admissibility of Evidence

Case Brief

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Parties

Edward Christopher Sheeran MBE

Appellant/claimant

Steven McCutcheon

Appellant/claimant

John McDaid

Appellant/claimant

Sony/ATV Music Publishing (UK) Limited

Appellant/claimant

Rokstone Music Limited

Appellant/claimant

Spirit Unique JV SARL

Appellant/claimant

Kobalt Music Copyright SARL

Appellant/claimant

Sami Chokri

Respondent/defendant

Ross O’Donoghue

Respondent/defendant

Artists & Company Limited

Respondent/defendant

Procedural Posture

Civil Intellectual Property (copyright) / Appeal Against Case Management Order (strike Out Application)

Legal Issues

  1. 1 Whether similar fact evidence relating to other alleged instances of copying should be struck out from the pleadings in a copyright infringement action
  2. 2 Whether the Deputy Master erred in applying the two-stage test for admissibility of similar fact evidence as set out in O’Brien v Chief Constable of South Wales Police

Ratio Decidendi

The Deputy Master was entitled to find that the pleaded instances of alleged copying in other songs could, if proved, be logically probative of the main issue of copying in the present case. The lack of particularisation could be addressed by further information requests, and the Deputy Master properly considered the proportionality and fairness of allowing the pleas to stand. There was no misdirection or error justifying appellate interference with the case management decision.

Court Disposition

appeal dismissed

Orders

  • Reference to 'The Rest of Our Lives' song struck out from the pleadings
  • References to other songs ('No Scrubs', 'Strip That Down', 'Photograph') remain in the pleadings as similar fact evidence