Allen v Bloomsbury Publishing Plc & Anor

Allen v Bloomsbury Publishing Plc & Anor

Given the improbability of the claim's success, the claimant's status as a nominal claimant, lack of full and candid disclosure of means, and evidence of want of good faith in conduct and formulation of the claim, justice demands a conditional order requiring the claimant to provide security for the defendants’ costs at 65% of their estimated costs.

Parties
Claimant: Paul Gregory Allen (acting as trustee of Adrian Jacobs, deceased); 1st Defendant: Bloomsbury Publishing PLC; 2nd Defendant: Joanne Kathleen Murray (professionally known as JK Rowling)
Jurisdiction
England and Wales
Judgment Date
18 March 2011
Procedural Posture
Civil / Application for Summary Judgment or Conditional Order for Security for Costs
Outcome
Conditional order granted requiring claimant to provide security for defendants’ costs at 65% of estimated costs; costs of application to be costs in the case.
Legal Topics
Security for Costs, Summary Judgment, Copyright Infringement
Civil Procedure Intellectual Property Security for Costs Summary Judgment Copyright Infringement

Case Brief

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Parties

Paul Gregory Allen (acting as trustee of Adrian Jacobs, deceased)

Claimant

Bloomsbury Publishing PLC

1st Defendant

Joanne Kathleen Murray (professionally known as JK Rowling)

2nd Defendant

Procedural Posture

Civil / Application for Summary Judgment or Conditional Order for Security for Costs

Legal Issues

  1. 1 Whether a conditional order for security for costs should be made against the claimant
  2. 2 Whether the claimant is a nominal claimant unable to pay defendants’ costs
  3. 3 Whether the claimant or those backing him have demonstrated a want of good faith

Ratio Decidendi

Given the improbability of the claim's success, the claimant's status as a nominal claimant, lack of full and candid disclosure of means, and evidence of want of good faith in conduct and formulation of the claim, justice demands a conditional order requiring the claimant to provide security for the defendants’ costs at 65% of their estimated costs.

Court Disposition

Conditional order granted requiring claimant to provide security for defendants’ costs at 65% of estimated costs; costs of application to be costs in the case.

Orders

  • Claimant to provide security for defendants’ costs at 65% of estimated total (£2,368,479).
  • Costs of the application to be costs in the case.