Phonographic Performance Ltd v AEI Redifussion Music Ltd [1999] EWCA Civ 834 (19 February 1999)

Phonographic Performance Ltd v AEI Redifussion Music Ltd [1999] EWCA Civ 834 (19 February 1999)

The Tribunal erred in principle by treating AEI as the 'winner' and PPL as the 'loser' in a case where both parties' proposals were found unreasonable and the outcome was a compromise; the correct approach was to make no order as to costs for the Section 135D application and to order AEI to pay PPL's costs for the Section 135E application, as the Tribunal's discretion must be exercised without a self-imposed fetter based on finding a winner and loser.

Citation
[1999] EWCA Civ 834
Parties
Appellant: AEI Rediffusion Music Ltd; Respondent: Phonographic Performance Ltd
Jurisdiction
England and Wales
Judgment Date
19 February 1999
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court Decision Regarding Costs Order of Copyright Tribunal
Outcome
Appeal dismissed
Legal Topics
Costs in Tribunal Proceedings, Copyright Licensing, Discretionary Powers of Tribunals, Statutory Licensing, Judicial Review of Tribunal Decisions
Intellectual Property Law Copyright Law Civil Procedure Costs in Tribunal Proceedings Copyright Licensing Discretionary Powers of Tribunals Statutory Licensing Judicial Review of Tribunal Decisions

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Parties

AEI Rediffusion Music Ltd

Appellant

Phonographic Performance Ltd

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court Decision Regarding Costs Order of Copyright Tribunal

Legal Issues

  1. 1 When should an appellate court interfere with a tribunal's exercise of discretion on costs?
  2. 2 What principles govern the award of costs in Copyright Tribunal proceedings under the Copyright, Designs and Patents Act 1988?
  3. 3 Is the 'costs follow the event' principle applicable in statutory licensing disputes before the Copyright Tribunal?

Ratio Decidendi

The Tribunal erred in principle by treating AEI as the 'winner' and PPL as the 'loser' in a case where both parties' proposals were found unreasonable and the outcome was a compromise; the correct approach was to make no order as to costs for the Section 135D application and to order AEI to pay PPL's costs for the Section 135E application, as the Tribunal's discretion must be exercised without a self-imposed fetter based on finding a winner and loser.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs on the Section 135D application (terms of payment)
  • AEI to pay PPL's costs of the Section 135E application (licence conditions)