Pablo Star Media Ltd v Bowen

Pablo Star Media Ltd v Bowen

The District Judge made no distinct or material error of principle in awarding damages under the user principle, declining additional damages, and sanctioning Media in costs for litigation conduct; the appeal is dismissed.

Parties
Claimant: Pablo Star Media Limited; Defendant: Richard Bowen
Jurisdiction
England and Wales
Judgment Date
13 October 2017
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Copyright Infringement, Damages, Costs, Overriding Objective, User Principle, Flagrant Infringement
Intellectual Property Civil Procedure Copyright Infringement Damages Costs Overriding Objective User Principle Flagrant Infringement

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Parties

Pablo Star Media Limited

Claimant

Richard Bowen

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Appropriateness of damages awarded under the 'user principle'
  2. 2 Whether infringement was flagrant and warranted additional damages
  3. 3 Application of the overriding objective to costs

Ratio Decidendi

The District Judge made no distinct or material error of principle in awarding damages under the user principle, declining additional damages, and sanctioning Media in costs for litigation conduct; the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • No order for costs in the appeal