Sony / ATV Music Publishing LLC & Anor v WPMC Ltd & Anor

Sony / ATV Music Publishing LLC & Anor v WPMC Ltd & Anor

Mr Bailey was the real party to the litigation from 4 January 2013, controlled and partly funded WPMC's defence for his own benefit, and WPMC was insolvent throughout. It is just to require Mr Bailey to pay SATV's costs from that date.

Parties
Claimant: SONY/ATV MUSIC PUBLISHING LLC; Claimant: SONY/ATV MUSIC PUBLISHING (UK) LIMITED; Defendant: WPMC LIMITED (IN LIQUIDATION); Defendant: IAMBIC MEDIA LIMITED (IN LIQUIDATION); Costs Defendant: David Bailey
Jurisdiction
England and Wales
Judgment Date
03 March 2017
Procedural Posture
Civil / Costs Application After Judgment
Outcome
Application granted
Legal Topics
Non Party Costs Orders, Corporate Control and Liability, Costs Recovery
Civil Procedure Company Law Non Party Costs Orders Corporate Control and Liability Costs Recovery

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Parties

SONY/ATV MUSIC PUBLISHING LLC

Claimant

SONY/ATV MUSIC PUBLISHING (UK) LIMITED

Claimant

WPMC LIMITED (IN LIQUIDATION)

Defendant

IAMBIC MEDIA LIMITED (IN LIQUIDATION)

Defendant

David Bailey

Costs Defendant

Procedural Posture

Civil / Costs Application After Judgment

Legal Issues

  1. 1 Whether a non-party costs order should be made against David Bailey under section 51(3) of the Senior Courts Act 1981
  2. 2 Whether Mr Bailey was the real party to the litigation and controlled/funded the defence for his own benefit
  3. 3 Whether it is just in all the circumstances to make a non-party costs order

Ratio Decidendi

Mr Bailey was the real party to the litigation from 4 January 2013, controlled and partly funded WPMC's defence for his own benefit, and WPMC was insolvent throughout. It is just to require Mr Bailey to pay SATV's costs from that date.

Court Disposition

Application granted

Orders

  • David Bailey to pay SATV's costs from 4 January 2013