Seven Arts Entertainment Ltd v Content Media Corporation Plc & Ors

Content Media Corporation Plc is not bound by the Ontario judgment as issue estoppel under English law because it was not a party, not a privy in estate or interest, and the issues determined in Ontario do not match those in the English proceedings; procedural fairness requires Content be joined as a party to be bound.

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
Outcome: Application for summary judgment dismissed
Legal Topics: Issue Estoppel, Copyright Assignment, Res Judicata, Foreign Judgments, Privity of Estate, Privity of Interest

Intellectual Property Conflict of Laws Issue Estoppel Copyright Assignment Res Judicata Foreign Judgments Privity of Estate Privity of Interest

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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

Legal Issues

1 Whether the Ontario judgment creates an issue estoppel binding Content Media Corporation Plc in England
2 Whether Content Media Corporation Plc is a privy of the parties bound by the Ontario judgment
3 Whether there is identity of issue between the Ontario judgment and the present English proceedings

Ratio Decidendi

Court Disposition

Application for summary judgment dismissed