Trustees of the AFM and SAG-AFTRA Intellectual Property Rights Distribution Fund & Ors v The Secretary of State for Science, Innovation and Technology

Trustees of the AFM and SAG-AFTRA Intellectual Property Rights Distribution Fund & Ors v The Secretary of State for Science, Innovation and Technology

Representative claims under CPR 19.8 may proceed only if damages can be assessed on a common basis without individualised inquiry; since the claimants' proposals do not adequately address practicalities if causation arguments fail, the court grants a limited further opportunity for claimants to demonstrate viability, but does not bring the representative claims to an end at this stage. PPL is permitted to intervene by written submissions under the court's inherent jurisdiction.

Parties
Claimants/respondents: Trustees of the AFM and SAG-AFTRA Intellectual Property Rights Distribution Fund & Others; Defendant/applicant: Secretary of State for Science, Innovation and Technology; Intervener: Phonographic Performance Limited
Jurisdiction
England and Wales
Judgment Date
12 November 2025
Procedural Posture
Civil / Costs and Case Management Conference (ccmc)
Outcome
Representative claims under CPR 19.8 not struck out; claimants given limited further opportunity to demonstrate viability. Trial adjourned. PPL permitted to intervene by written submissions.
Legal Topics
Representative Actions, Francovich Damages, Equitable Remuneration, EU Law Implementation, Case Management, Intervention
Intellectual Property Civil Procedure Representative Actions Francovich Damages Equitable Remuneration EU Law Implementation Case Management Intervention

Case Brief

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Parties

Trustees of the AFM and SAG-AFTRA Intellectual Property Rights Distribution Fund & Others

Claimants/respondents

Secretary of State for Science, Innovation and Technology

Defendant/applicant

Phonographic Performance Limited

Intervener

Procedural Posture

Civil / Costs and Case Management Conference (ccmc)

Legal Issues

  1. 1 Whether representative claims under CPR 19.8 are viable for Francovich damages on behalf of US Performers
  2. 2 Whether to adjourn the trial
  3. 3 Whether to permit PPL to intervene

Ratio Decidendi

Representative claims under CPR 19.8 may proceed only if damages can be assessed on a common basis without individualised inquiry; since the claimants' proposals do not adequately address practicalities if causation arguments fail, the court grants a limited further opportunity for claimants to demonstrate viability, but does not bring the representative claims to an end at this stage. PPL is permitted to intervene by written submissions under the court's inherent jurisdiction.

Court Disposition

Representative claims under CPR 19.8 not struck out; claimants given limited further opportunity to demonstrate viability. Trial adjourned. PPL permitted to intervene by written submissions.

Orders

  • Claimants to contact a sample of US Performers within 8 weeks to obtain information on residence/citizenship and consent to joinder.
  • Claimants to provide schedule and analysis to SoS demonstrating value and viability of claims proceeding to second stage.