Seven Arts Entertainment Ltd v Content Media Corporation Plc & Ors [2013] EWHC 588 (Ch) (18 March 2013)

Seven Arts Entertainment Ltd v Content Media Corporation Plc & Ors [2013] EWHC 588 (Ch) (18 March 2013)

The Claimant is not entitled to summary judgment because Content Media Corporation Plc is not bound by the Ontario judgment under the doctrine of issue estoppel. Content was not a party to the Canadian proceedings, was not a privy of the Canwest companies for these purposes, and under both English and Ontario law, an assignee of personal property is not bound by a judgment obtained after the assignment in litigation to which it was not a party. There are triable issues requiring a full trial.

Citation
[2013] EWHC 588 (Ch)
Parties
Claimant: Seven Arts Entertainment Limited; First Defendant: Content Media Corporation Plc; Second Defendant: Paramount Pictures Corporation; Third Defendant: Viacom International (Netherlands) BV
Jurisdiction
England and Wales
Judgment Date
18 March 2013
Procedural Posture
Copyright Infringement / Summary Judgment Application / Application for Summary Judgment Before Trial
Outcome
Application for summary judgment dismissed
Legal Topics
Copyright Ownership, Issue Estoppel, Recognition of Foreign Judgments, Assignment of Rights, Summary Judgment Standards
Intellectual Property Private International Law Civil Procedure Copyright Ownership Issue Estoppel Recognition of Foreign Judgments Assignment of Rights Summary Judgment Standards

Case Brief

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Parties

Seven Arts Entertainment Limited

Claimant

Content Media Corporation Plc

First Defendant

Paramount Pictures Corporation

Second Defendant

Viacom International (Netherlands) BV

Third Defendant

Procedural Posture

Copyright Infringement / Summary Judgment Application / Application for Summary Judgment Before Trial

Legal Issues

  1. 1 Whether the Ontario judgment creates an issue estoppel binding Content Media Corporation Plc in England
  2. 2 Whether Content Media Corporation Plc is a privy of the parties to the Ontario action for the purposes of issue estoppel
  3. 3 Whether the requirements for issue estoppel under English and Ontario law are satisfied

Ratio Decidendi

The Claimant is not entitled to summary judgment because Content Media Corporation Plc is not bound by the Ontario judgment under the doctrine of issue estoppel. Content was not a party to the Canadian proceedings, was not a privy of the Canwest companies for these purposes, and under both English and Ontario law, an assignee of personal property is not bound by a judgment obtained after the assignment in litigation to which it was not a party. There are triable issues requiring a full trial.

Court Disposition

Application for summary judgment dismissed

Orders

  • Claimant's application for summary judgment is dismissed
  • Case to proceed to trial on the underlying issues