The Football Association Premier League Ltd v Berry & Anor

The Football Association Premier League Ltd v Berry & Anor

The court found the rights in question to be valuable and the costs incurred by the claimant to be proportionate given the defendant's conduct and the complexity of the issues. The claim was properly brought in the High Court, and the sum of £65,000 as an interim payment on account of costs was appropriate.

Parties
Claimant: The Football Association Premier League Limited; First Defendant: Anthony Berry; Second Defendant: Barclays Bank PLC
Jurisdiction
England and Wales
Judgment Date
13 March 2014
Procedural Posture
Intellectual Property / Application for Summary Judgment and Interim Payment on Account of Costs
Outcome
summary judgment granted by consent; interim payment on account of costs ordered
Legal Topics
Copyright Infringement, Costs, Interim Payment, Summary Judgment, Competition Law, European Union Law
Intellectual Property Copyright Copyright Infringement Costs Interim Payment Summary Judgment Competition Law European Union Law

Case Brief

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Parties

The Football Association Premier League Limited

Claimant

Anthony Berry

First Defendant

Barclays Bank PLC

Second Defendant

Procedural Posture

Intellectual Property / Application for Summary Judgment and Interim Payment on Account of Costs

Legal Issues

  1. 1 Whether the claimant is entitled to summary judgment for copyright infringement in logos and graphics within football broadcasts
  2. 2 Appropriate quantum for interim payment on account of costs
  3. 3 Whether the claim should have been brought in the High Court or the Intellectual Property Enterprise Court

Ratio Decidendi

The court found the rights in question to be valuable and the costs incurred by the claimant to be proportionate given the defendant's conduct and the complexity of the issues. The claim was properly brought in the High Court, and the sum of £65,000 as an interim payment on account of costs was appropriate.

Court Disposition

summary judgment granted by consent; interim payment on account of costs ordered

Orders

  • Declaration approved by consent
  • Injunction granted