Genius Sports Technologies Limited & Ors. v Soft Construct (Malta) Limited & Ors.

Genius Sports Technologies Limited & Ors. v Soft Construct (Malta) Limited & Ors.

There is no compelling reason to join representative defendants to the counterclaim where neither the counterclaiming party nor the representatives seek such joinder, and no application is made. Given the high and disproportionate projected costs, a costs capping order of £5 million per side for future costs is necessary to ensure fairness and proportionality, as other forms of costs management are inadequate in this case.

Parties
Claimant: Genius Sports Technologies Limited (previously known as Genius Sports Limited); Claimant: Betgenius Limited; Claimant: Genius Sports Services Limited; Claimant: Genius Sports ANZ Pty Limited; Claimant: Genius Sports Media Inc; Claimant: Genius Sports EOOD; Claimant: Genius Sports Services Eesti OU; Claimant: Genius Sports Services Colombia SAS; Claimant: Genius Sports Network ApS; Claimant: Genius Sports Danmark ApS; Claimant: Data Project SRL; Claimant: Genius Sports LT; Claimant: Genius Sports Asia Pte Limited; Claimant: Genius Sports CH SARL; Claimant: Genius Sports Group Limited; Defendant: Soft Construct (Malta) Limited; Defendant: Royal Panda Limited; Defendant: Vivaro Limited; Defendant: Soft Construct CJSC; Defendant: Soft Construct Ukraine LLC; Defendant: Soft Construct Limited; Defendant: Basketligaen; Defendant: IMG Data Limited; Defendant: Football Dataco Limited; Defendant: Liga Super Basketball; Defendant: Bosnia and Herzegovina Football Federation; Defendant: Federaţia Română de Volei
Jurisdiction
England and Wales
Judgment Date
27 July 2022
Procedural Posture
Civil / Case Management Conference Ruling on Joinder and Costs Capping
Outcome
Costs capping order imposed; no joinder of representative defendants to counterclaim.
Legal Topics
Joinder of Parties, Costs Management, Costs Capping, Case Management, Disclosure, Litigation Costs
Civil Procedure Competition Law Intellectual Property Joinder of Parties Costs Management Costs Capping Case Management Disclosure +1 more

Case Brief

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Parties

Genius Sports Technologies Limited (previously known as Genius Sports Limited)

Claimant

Betgenius Limited

Claimant

Genius Sports Services Limited

Claimant

Genius Sports ANZ Pty Limited

Claimant

Genius Sports Media Inc

Claimant

Genius Sports EOOD

Claimant

Genius Sports Services Eesti OU

Claimant

Genius Sports Services Colombia SAS

Claimant

Genius Sports Network ApS

Claimant

Genius Sports Danmark ApS

Claimant

Data Project SRL

Claimant

Genius Sports LT

Claimant

Genius Sports Asia Pte Limited

Claimant

Genius Sports CH SARL

Claimant

Genius Sports Group Limited

Claimant

Soft Construct (Malta) Limited

Defendant

Royal Panda Limited

Defendant

Vivaro Limited

Defendant

Soft Construct CJSC

Defendant

Soft Construct Ukraine LLC

Defendant

Soft Construct Limited

Defendant

Basketligaen

Defendant

IMG Data Limited

Defendant

Football Dataco Limited

Defendant

Liga Super Basketball

Defendant

Bosnia and Herzegovina Football Federation

Defendant

Federaţia Română de Volei

Defendant

Procedural Posture

Civil / Case Management Conference Ruling on Joinder and Costs Capping

Legal Issues

  1. 1 Whether representative defendants should be joined to the counterclaim
  2. 2 Whether a costs capping order should be imposed and at what level

Ratio Decidendi

There is no compelling reason to join representative defendants to the counterclaim where neither the counterclaiming party nor the representatives seek such joinder, and no application is made. Given the high and disproportionate projected costs, a costs capping order of £5 million per side for future costs is necessary to ensure fairness and proportionality, as other forms of costs management are inadequate in this case.

Court Disposition

Costs capping order imposed; no joinder of representative defendants to counterclaim.

Orders

  • No order for joinder of representative defendants to the counterclaim.
  • Each party's future costs from 28 July 2022 capped at £5 million, excluding third party document management provider costs, subject to application under CPR 3.19(7).