EDWARD CHRISTOPHER SHEERAN MBE & Ors v SAMI CHOKRI & Ors

EDWARD CHRISTOPHER SHEERAN MBE & Ors v SAMI CHOKRI & Ors

The claimants were the successful parties and the general rule that costs follow the event applies. The claimants' conduct, including any alleged failures in pre-action correspondence or disclosure, did not justify a departure from this rule. Any issues with disclosure were either not deliberate or did not affect the outcome, and the defendants' own conduct contributed to any delays or issues. The claimants are entitled to their costs, subject to detailed assessment, with an interim payment ordered.

Parties
Claimant: Mr Edward Christopher Sheeran MBE; Claimant: Mr Steven McCutcheon; Claimant: Mr John McDaid; Claimant: Sony/ATV Music Publishing (UK) Limited; Claimant: Rokstone Music Limited; Claimant: Polar Patrol Music Limited; Defendant: Mr Sami Chokri; Defendant: Mr Ross O’Donoghue; Defendant: Artists and Company Limited
Jurisdiction
England and Wales
Judgment Date
21 June 2022
Procedural Posture
Civil / Post Trial Costs Judgment
Outcome
Defendants ordered to pay claimants' costs, subject to detailed assessment. Interim payment on account of costs ordered.
Legal Topics
Copyright Infringement, Costs Orders, Pre Action Conduct, Disclosure Obligations
Intellectual Property Civil Procedure Copyright Infringement Costs Orders Pre Action Conduct Disclosure Obligations

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Parties

Mr Edward Christopher Sheeran MBE

Claimant

Mr Steven McCutcheon

Claimant

Mr John McDaid

Claimant

Sony/ATV Music Publishing (UK) Limited

Claimant

Rokstone Music Limited

Claimant

Polar Patrol Music Limited

Claimant

Mr Sami Chokri

Defendant

Mr Ross O’Donoghue

Defendant

Artists and Company Limited

Defendant

Procedural Posture

Civil / Post Trial Costs Judgment

Legal Issues

  1. 1 Whether the claimants' conduct justified depriving them of costs despite their success
  2. 2 Whether the claimants failed to comply with pre-action protocols and disclosure obligations
  3. 3 Appropriate quantum for payment on account of costs

Ratio Decidendi

The claimants were the successful parties and the general rule that costs follow the event applies. The claimants' conduct, including any alleged failures in pre-action correspondence or disclosure, did not justify a departure from this rule. Any issues with disclosure were either not deliberate or did not affect the outcome, and the defendants' own conduct contributed to any delays or issues. The claimants are entitled to their costs, subject to detailed assessment, with an interim payment ordered.

Court Disposition

Defendants ordered to pay claimants' costs, subject to detailed assessment. Interim payment on account of costs ordered.

Orders

  • Defendants to pay claimants' costs of the proceedings, to be assessed on the standard basis.
  • Defendants to make an interim payment on account of costs in the sum of £916,200.