Media C.A.T. Ltd. v A [2010] EWPCC 17 (01 December 2010)

Media C.A.T. Ltd. v A [2010] EWPCC 17 (01 December 2010)

Default judgment cannot be granted by request under CPR r12.4(1) in these cases because the claims include requests for injunctions which have not been expressly abandoned; in several cases, defendants are not in default or service is not evidenced; the claimant's pleadings are defective and do not establish...

Source-derived case information.

Citation
[2010] EWPCC 17
Parties
Claimant: MEDIA C. A. T. LIMITED; Defendant: A; Defendant: B; Defendant: C; Defendant: D; Defendant: E; Defendant: F; Defendant: G; Defendant: H
Jurisdiction
England and Wales
Judgment Date
01 December 2010
Procedural Posture
Copyright Infringement (civil) / Requests for Default Judgment in Parallel Actions
Outcome
All requests for default judgment refused.
Legal Topics
Copyright Infringement, Default Judgment, Peer to Peer File Sharing, Injunctions, Service of Claim, Defective Pleadings
Intellectual Property Civil Procedure Copyright Infringement Default Judgment Peer to Peer File Sharing Injunctions Service of Claim Defective Pleadings

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Parties

MEDIA C. A. T. LIMITED

Claimant

A

Defendant

B

Defendant

C

Defendant

D

Defendant

E

Defendant

F

Defendant

G

Defendant

H

Defendant

Procedural Posture

Copyright Infringement (civil) / Requests for Default Judgment in Parallel Actions

Legal Issues

  1. 1 Whether default judgment can be granted in copyright infringement claims involving requests for injunctions under CPR r12.4
  2. 2 Whether the claimant has standing to sue as 'representative' rather than owner or exclusive licensee
  3. 3 Whether unsecured internet connections can give rise to copyright liability

Ratio Decidendi

Default judgment cannot be granted by request under CPR r12.4(1) in these cases because the claims include requests for injunctions which have not been expressly abandoned; in several cases, defendants are not in default or service is not evidenced; the claimant's pleadings are defective and do not establish entitlement to judgment.

Court Disposition

All requests for default judgment refused.