Trustees of the AFM and SAG-AFTRA Intellectual Property Rights Distribution Fund v The Secretary of State for Science, Innovation and Technology [2025] EWHC 1944 (Ch) (30 July 2025)

Trustees of the AFM and SAG-AFTRA Intellectual Property Rights Distribution Fund v The Secretary of State for Science, Innovation and Technology [2025] EWHC 1944 (Ch) (30 July 2025)

The court held that the representative action under CPR 19.8 could proceed in principle, subject to the claimants providing workable proposals for individualised damages assessment at a further case management conference. The court rejected the Secretary of State's objections based on conflict of interest and class definition, but found the need for individual damages assessment posed significant practical challenges. The court declined to strike out the claims for lack of standing or to summarily dismiss the claims for damages post-Brexit or relating to audio-visual works at this stage, allowing the claimants' amendments and expert evidence to be considered at trial.

Citation
[2025] EWHC 1944 (Ch)
Parties
Claimants/respondents: Trustees of the AFM and SAG-AFTRA Intellectual Property Rights Distribution Fund (as listed in the continuation sheet to the claim form) & Others; Defendant/applicant: The Secretary of State for Science, Innovation and Technology
Jurisdiction
England and Wales
Judgment Date
30 July 2025
Procedural Posture
Part 7 Claim (intellectual Property) / Interlocutory Applications (summary Judgment, Strike Out, Amendments, Representative Action)
Outcome
Applications largely dismissed or adjourned; representative action allowed to proceed conditionally; amendments and expert evidence permitted.
Legal Topics
Equitable Remuneration, Copyright in Sound Recordings, Francovich Damages, Standing and Representative Actions, Collective Management Organisations, Post Brexit EU Law Compliance
Intellectual Property European Union Law Civil Procedure Equitable Remuneration Copyright in Sound Recordings Francovich Damages Standing and Representative Actions Collective Management Organisations +1 more

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Parties

Trustees of the AFM and SAG-AFTRA Intellectual Property Rights Distribution Fund (as listed in the continuation sheet to the claim form) & Others

Claimants/respondents

The Secretary of State for Science, Innovation and Technology

Defendant/applicant

Procedural Posture

Part 7 Claim (intellectual Property) / Interlocutory Applications (summary Judgment, Strike Out, Amendments, Representative Action)

Legal Issues

  1. 1 Whether US performers are entitled to full equitable remuneration under UK law for UK exploitation of their performances post-2016
  2. 2 Whether the claimants have standing to bring Francovich damages claims on behalf of US performers
  3. 3 Whether claims for damages post-Brexit are maintainable

Ratio Decidendi

The court held that the representative action under CPR 19.8 could proceed in principle, subject to the claimants providing workable proposals for individualised damages assessment at a further case management conference. The court rejected the Secretary of State's objections based on conflict of interest and class definition, but found the need for individual damages assessment posed significant practical challenges. The court declined to strike out the claims for lack of standing or to summarily dismiss the claims for damages post-Brexit or relating to audio-visual works at this stage, allowing the claimants' amendments and expert evidence to be considered at trial.

Court Disposition

Applications largely dismissed or adjourned; representative action allowed to proceed conditionally; amendments and expert evidence permitted.

Orders

  • Representative action under CPR 19.8 allowed to proceed subject to further case management on damages assessment.
  • Applications to strike out or summarily dismiss claims for lack of standing, post-Brexit damages, and audio-visual works dismissed at this stage.