Redcrier Publications Ltd & Anor v Redrup Publications Ltd (t/a Complete Care Training) & Anor

Redcrier Publications Ltd & Anor v Redrup Publications Ltd (t/a Complete Care Training) & Anor

The First Defendant admitted copyright infringement of the Claimants' manuals and photograph, entitling the Claimants to interim damages and costs. The court conservatively assessed interim damages based on lost profits from diverted customers, notional royalties for new customers, and a licence fee for the photograph, but declined to award additional damages for flagrancy at this stage. The Second Defendant's liability remains to be determined. Costs were awarded to the Claimants for the copyright claim, subject to stage caps and further submissions on quantum.

Parties
Claimant: Redcrier Publications Ltd; Claimant: Alec Seville; Defendant: Redrup Publications Ltd (t/a Complete Care Training); Defendant: Jon Redrup
Jurisdiction
England and Wales
Judgment Date
14 November 2013
Procedural Posture
Civil (copyright Infringement, Libel, Trade Libel) / Interim Application for Summary Judgment, Interim Payment, and Costs
Outcome
Interim judgment for the Claimants against the First Defendant; interim payment and costs ordered; Second Defendant's liability to be tried later; libel and trade libel claims to be tried separately.
Legal Topics
Copyright Infringement, Interim Payments, Summary Judgment, Damages Assessment, Costs, Libel, Trade Libel
Intellectual Property Civil Procedure Copyright Infringement Interim Payments Summary Judgment Damages Assessment Costs Libel +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Redcrier Publications Ltd

Claimant

Alec Seville

Claimant

Redrup Publications Ltd (t/a Complete Care Training)

Defendant

Jon Redrup

Defendant

Procedural Posture

Civil (copyright Infringement, Libel, Trade Libel) / Interim Application for Summary Judgment, Interim Payment, and Costs

Legal Issues

  1. 1 Whether the Defendants infringed copyright in the Claimants' training manuals and photograph
  2. 2 Whether the Claimants are entitled to interim damages and costs
  3. 3 Whether the Second Defendant is liable as a joint tortfeasor

Ratio Decidendi

The First Defendant admitted copyright infringement of the Claimants' manuals and photograph, entitling the Claimants to interim damages and costs. The court conservatively assessed interim damages based on lost profits from diverted customers, notional royalties for new customers, and a licence fee for the photograph, but declined to award additional damages for flagrancy at this stage. The Second Defendant's liability remains to be determined. Costs were awarded to the Claimants for the copyright claim, subject to stage caps and further submissions on quantum.

Court Disposition

Interim judgment for the Claimants against the First Defendant; interim payment and costs ordered; Second Defendant's liability to be tried later; libel and trade libel claims to be tried separately.

Orders

  • First Defendant to pay £750 to Mr. Seville as interim damages for photograph copyright infringement.
  • First Defendant to pay £36,700 to Redcrier Publications Ltd as interim damages for lost profits and royalties.