Sheeran & Ors v Chokri & Ors [2021] EWHC 3553 (Ch) (02 December 2021)

Sheeran & Ors v Chokri & Ors [2021] EWHC 3553 (Ch) (02 December 2021)

Claimants' disclosure was inadequate in several respects; further disclosure orders are proportionate for diaries, recordings, and voice notes, but not for broad communications or documentary edits/outtakes. Privilege was waived for instructions and communications relating to the Oxendale letter; redactions for irrelevant/confidential material were justified where explained by solicitor evidence.

Citation
[2021] EWHC 3553 (Ch)
Parties
Claimant/respondent: Mr Edward Christopher Sheeran MBE; Claimant/respondent: Mr Steven McCutcheon; Claimant/respondent: Mr John McDaid; Claimant/respondent: Sony/ATV Music Publishing (UK) Limited; Claimant/respondent: Rokstone Music Limited; Claimant/respondent: Spirit B Unique JV SARL; Claimant/respondent: Kobalt Music Copyrights SARL; Defendant/applicant: Mr Sami Chokri; Defendant/applicant: Mr Ross O'Donoghue; Defendant/applicant: Artists and Company Limited
Jurisdiction
England and Wales
Judgment Date
02 December 2021
Procedural Posture
Disclosure Application in Copyright Infringement Action / Interlocutory Application for Further Disclosure Orders
Outcome
Application granted in part; further disclosure ordered for specific categories, privilege waived for certain documents, other requests refused.
Legal Topics
Disclosure, Copyright Infringement, Privilege, Waiver of Privilege
Civil Procedure Intellectual Property Disclosure Copyright Infringement Privilege Waiver of Privilege

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Parties

Mr Edward Christopher Sheeran MBE

Claimant/respondent

Mr Steven McCutcheon

Claimant/respondent

Mr John McDaid

Claimant/respondent

Sony/ATV Music Publishing (UK) Limited

Claimant/respondent

Rokstone Music Limited

Claimant/respondent

Spirit B Unique JV SARL

Claimant/respondent

Kobalt Music Copyrights SARL

Claimant/respondent

Mr Sami Chokri

Defendant/applicant

Mr Ross O'Donoghue

Defendant/applicant

Artists and Company Limited

Defendant/applicant

Procedural Posture

Disclosure Application in Copyright Infringement Action / Interlocutory Application for Further Disclosure Orders

Legal Issues

  1. 1 Whether claimants' disclosure was adequate under PD51U
  2. 2 Whether further disclosure orders are reasonable and proportionate
  3. 3 Whether privilege was waived in relation to certain documents

Ratio Decidendi

Claimants' disclosure was inadequate in several respects; further disclosure orders are proportionate for diaries, recordings, and voice notes, but not for broad communications or documentary edits/outtakes. Privilege was waived for instructions and communications relating to the Oxendale letter; redactions for irrelevant/confidential material were justified where explained by solicitor evidence.

Court Disposition

Application granted in part; further disclosure ordered for specific categories, privilege waived for certain documents, other requests refused.

Orders

  • Order for claimants to search for and produce diaries for listed individuals.
  • Order for first claimant to search for and produce all recordings and notes relating to 'Shape of You' in native format.