Trim (t/a Trim Productions & Victim Records) v Bobb (pka Gabrielle) & Ors [2002] EWCA Civ 62 (24 January, 2002)

Trim (t/a Trim Productions & Victim Records) v Bobb (pka Gabrielle) & Ors [2002] EWCA Civ 62 (24 January, 2002)

The application for permission to appeal out of time was refused due to inexcusable delay of five and a half years, lack of adequate explanation for the delay, and the fact that the new evidence (master tape) was not sufficiently material or timely to justify reopening the case. The interests of finality and justice to the defendants outweighed any injustice to the applicant.

Citation
[2002] EWCA Civ 62
Parties
Claimant/applicant: Victor Trim (T/a Trim Productions and Victim Records); Defendant/respondent: Louise Gabriella Bobb (p.k.a. Gabrielle); Defendant/respondent: Zomba Music Publishers Limited; Defendant/respondent: Go! Discs Limited; Defendant/respondent: Perfect Songs Limited; Third Party: Timothy Laws
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal (copyright Dispute) / Application for Permission to Appeal Out of Time From High Court (patents Court) Decision
Outcome
Application refused
Legal Topics
Ownership of Copyright, Admissibility of Fresh Evidence, Extension of Time for Appeal, Injunctions, Sound Recording Rights
Intellectual Property Copyright Law Civil Procedure Ownership of Copyright Admissibility of Fresh Evidence Extension of Time for Appeal Injunctions Sound Recording Rights

Case Brief

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Parties

Victor Trim (T/a Trim Productions and Victim Records)

Claimant/applicant

Louise Gabriella Bobb (p.k.a. Gabrielle)

Defendant/respondent

Zomba Music Publishers Limited

Defendant/respondent

Go! Discs Limited

Defendant/respondent

Perfect Songs Limited

Defendant/respondent

Timothy Laws

Third Party

Procedural Posture

Civil Appeal (copyright Dispute) / Application for Permission to Appeal Out of Time From High Court (patents Court) Decision

Legal Issues

  1. 1 Whether permission to appeal out of time should be granted
  2. 2 Whether fresh evidence (master tape) should be admitted on appeal
  3. 3 Whether delay in bringing the appeal is excusable

Ratio Decidendi

The application for permission to appeal out of time was refused due to inexcusable delay of five and a half years, lack of adequate explanation for the delay, and the fact that the new evidence (master tape) was not sufficiently material or timely to justify reopening the case. The interests of finality and justice to the defendants outweighed any injustice to the applicant.

Court Disposition

Application refused

Orders

  • Permission to appeal out of time refused
  • Application for extension of time refused