Brown v MCASSO Music Productions [2005] EWCA Civ 1546 (10 November 2005)

Brown v MCASSO Music Productions [2005] EWCA Civ 1546 (10 November 2005)

The trial judge erred in principle by placing undue reliance on two settlement offers that were not valid or relevant under the Civil Procedure Rules and by failing to properly consider the proportionality of costs in a Fast Track case; as neither party was a clear winner, the appropriate order is no order for costs here or below.

Citation
[2005] EWCA Civ 1546
Parties
Appellant/claimant: Locksley Brown; Respondent/defendant: MCASSO Music Productions
Jurisdiction
England and Wales
Judgment Date
10 November 2005
Procedural Posture
Appeal (costs) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Copyright Ownership, Costs Orders, Settlement Offers, Fast Track Procedure
Intellectual Property Civil Procedure Copyright Ownership Costs Orders Settlement Offers Fast Track Procedure

Case Brief

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Parties

Locksley Brown

Appellant/claimant

MCASSO Music Productions

Respondent/defendant

Procedural Posture

Appeal (costs) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred in awarding costs against the claimant based on pre-action and settlement offers
  2. 2 Whether the offers relied upon by the judge were valid and relevant under the Civil Procedure Rules
  3. 3 Whether the costs awarded were disproportionate for a Fast Track case

Ratio Decidendi

The trial judge erred in principle by placing undue reliance on two settlement offers that were not valid or relevant under the Civil Procedure Rules and by failing to properly consider the proportionality of costs in a Fast Track case; as neither party was a clear winner, the appropriate order is no order for costs here or below.

Court Disposition

Appeal allowed

Orders

  • No order for costs here or below