Charly Acquisitions Ltd & Anor v Immediate Records Inc & Anor [2002] EWCA Civ 1865 (28 November 2002)

Charly Acquisitions Ltd & Anor v Immediate Records Inc & Anor [2002] EWCA Civ 1865 (28 November 2002)

It is premature to order security for costs until it is clear whether the appellants intend to pursue the appeal; appellants must provide an address for service or the appeal will be struck out.

Citation
[2002] EWCA Civ 1865
Parties
Claimant/respondent: Charly Acquisitions Limited; Claimant/respondent: Charly Trademarks Limited; Defendant/appellant: Immediate Records Inc; Defendant/appellant: Andrew Loog Oldham; Defendant to Counterclaim/applicant: Sanctuary Copyrights Limited
Jurisdiction
England and Wales
Judgment Date
28 November 2002
Procedural Posture
Appeal (civil) / Interlocutory Application for Security for Costs Pending Appeal
Outcome
Application for security for costs adjourned; conditional order for appellants to provide address for service or appeal will be struck out.
Legal Topics
Security for Costs, Appeal Procedure, Copyright Ownership, Service of Documents
Civil Procedure Intellectual Property Security for Costs Appeal Procedure Copyright Ownership Service of Documents

Case Brief

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Parties

Charly Acquisitions Limited

Claimant/respondent

Charly Trademarks Limited

Claimant/respondent

Immediate Records Inc

Defendant/appellant

Andrew Loog Oldham

Defendant/appellant

Sanctuary Copyrights Limited

Defendant to Counterclaim/applicant

Procedural Posture

Appeal (civil) / Interlocutory Application for Security for Costs Pending Appeal

Legal Issues

  1. 1 Whether security for costs should be ordered pending appeal
  2. 2 Proper address for service after solicitors come off record
  3. 3 Consequences of failure to provide address for service

Ratio Decidendi

It is premature to order security for costs until it is clear whether the appellants intend to pursue the appeal; appellants must provide an address for service or the appeal will be struck out.

Court Disposition

Application for security for costs adjourned; conditional order for appellants to provide address for service or appeal will be struck out.

Orders

  • Appellants to file and serve notice of address for service within the jurisdiction by 4 pm, 6 December 2002.
  • If appellants fail to comply, appeal will be struck out and appellants to pay applicant's costs of appeal and application.