Sheeran & Ors v Chokri & Ors [2019] EWHC 3584 (Ch) (09 December 2019)

Sheeran & Ors v Chokri & Ors [2019] EWHC 3584 (Ch) (09 December 2019)

The Deputy Master was entitled to find that the pleaded similar fact evidence, if proved, could be relevant and admissible to support the allegation of copying; he properly exercised discretion in weighing the probative value against the cost and complexity, and no misdirection or error was shown. The appeal is dismissed and the pleadings stand, subject to further particularisation requests.

Citation
[2019] EWHC 3584 (Ch)
Parties
Appellant/claimant: Edward Christopher Sheeran MBE; Appellant/claimant: Steven McCutcheon; Appellant/claimant: John McDaid; Appellant/claimant: Sony/ATV Music Publishing (UK) Limited; Appellant/claimant: Rokstone Music Limited; Appellant/claimant: Spirit Unique JV SARL; Appellant/claimant: Kobalt Music Copyright SARL; Respondent/defendant: Sami Chokri; Respondent/defendant: Ross O'Donoghue; Respondent/defendant: Artists & Company Limited
Jurisdiction
England and Wales
Judgment Date
09 December 2019
Procedural Posture
Appeal / Judgment on Appeal Against Order Refusing to Strike Out Pleadings
Outcome
appeal dismissed
Legal Topics
Copyright Infringement, Similar Fact Evidence, Pleadings, Case Management, Admissibility of Evidence
Intellectual Property Civil Procedure Copyright Infringement Similar Fact Evidence Pleadings Case Management Admissibility of Evidence

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Parties

Edward Christopher Sheeran MBE

Appellant/claimant

Steven McCutcheon

Appellant/claimant

John McDaid

Appellant/claimant

Sony/ATV Music Publishing (UK) Limited

Appellant/claimant

Rokstone Music Limited

Appellant/claimant

Spirit Unique JV SARL

Appellant/claimant

Kobalt Music Copyright SARL

Appellant/claimant

Sami Chokri

Respondent/defendant

Ross O'Donoghue

Respondent/defendant

Artists & Company Limited

Respondent/defendant

Procedural Posture

Appeal / Judgment on Appeal Against Order Refusing to Strike Out Pleadings

Legal Issues

  1. 1 Whether similar fact evidence pleaded by defendants should be struck out for lack of probative value or disproportionate cost/complexity
  2. 2 Whether Deputy Master correctly applied the two-stage test for admissibility of similar fact evidence in civil proceedings

Ratio Decidendi

The Deputy Master was entitled to find that the pleaded similar fact evidence, if proved, could be relevant and admissible to support the allegation of copying; he properly exercised discretion in weighing the probative value against the cost and complexity, and no misdirection or error was shown. The appeal is dismissed and the pleadings stand, subject to further particularisation requests.

Court Disposition

appeal dismissed

Orders

  • Reference to 'The Rest of Our Lives' struck out from pleadings
  • Other references to similar fact evidence remain on pleadings