Bloomsbury Publishing Group Ltd. & Anor v News Group Newspapers Ltd. & Ors

Bloomsbury Publishing Group Ltd. & Anor v News Group Newspapers Ltd. & Ors

The Civil Procedure Rules permit the joinder of defendants by description rather than by name, provided the description is sufficiently certain to identify those included and excluded. The claimants are entitled to an injunction against persons described as those who have offered or possess copies of the book without consent.

Parties
Claimant: Bloomsbury Publishing Group Limited; Claimant: J. K. Rowling; Defendant: News Group Newspapers Ltd; Defendant: Person or Persons Unknown; Defendant: Donald Parfitt; Defendant: Gary Cox; Defendant: E. J. Barnes; Defendant: Park
Jurisdiction
England and Wales
Judgment Date
23 May 2003
Procedural Posture
Civil / Interlocutory Application for Injunction
Outcome
application granted
Legal Topics
Injunctions Against Persons Unknown, Copyright Infringement, Joinder of Unnamed Defendants
Civil Procedure Intellectual Property Injunctions Against Persons Unknown Copyright Infringement Joinder of Unnamed Defendants

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Parties

Bloomsbury Publishing Group Limited

Claimant

J. K. Rowling

Claimant

News Group Newspapers Ltd

Defendant

Person or Persons Unknown

Defendant

Donald Parfitt

Defendant

Gary Cox

Defendant

E. J. Barnes

Defendant

Park

Defendant

Procedural Posture

Civil / Interlocutory Application for Injunction

Legal Issues

  1. 1 Can an injunction be granted against persons described otherwise than by name under the Civil Procedure Rules?
  2. 2 Is the description of the defendant sufficiently certain to bind those falling within it?

Ratio Decidendi

The Civil Procedure Rules permit the joinder of defendants by description rather than by name, provided the description is sufficiently certain to identify those included and excluded. The claimants are entitled to an injunction against persons described as those who have offered or possess copies of the book without consent.

Court Disposition

application granted

Orders

  • Injunction continued against persons described as those who have offered or possess copies of the book without consent until 21st June 2003.