Brown v MCASSO Music Productions

Brown v MCASSO Music Productions

The trial judge erred in principle by relying on offers and mediation refusals that did not justify a costs order against the claimant; the case was a Fast Track matter and the costs claimed were disproportionate; neither party was a clear winner and the appropriate order was no order as to costs.

Parties
Appellant/claimant: Locksley Brown; Respondent/defendant: Mcasso Music Productions
Jurisdiction
England and Wales
Judgment Date
10 November 2005
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
appeal allowed
Legal Topics
Copyright, Costs, Offers to Settle, Mediation, Fast Track Procedure
Intellectual Property Civil Procedure Copyright Costs Offers to Settle Mediation Fast Track Procedure

Case Brief

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Parties

Locksley Brown

Appellant/claimant

Mcasso Music Productions

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred in awarding costs against the claimant based on pre-action offers and mediation refusal
  2. 2 Whether the offers relied upon by the trial judge justified the costs order
  3. 3 Whether the case being a Fast Track case affected the appropriate costs order

Ratio Decidendi

The trial judge erred in principle by relying on offers and mediation refusals that did not justify a costs order against the claimant; the case was a Fast Track matter and the costs claimed were disproportionate; neither party was a clear winner and the appropriate order was no order as to costs.

Court Disposition

appeal allowed

Orders

  • No order for costs here or below