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

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

The absence of any warning to Mr Bailey that a NPCO might be sought was fatal to SATV's application. Mr Bailey was deprived of realistic opportunities to settle, protect himself, or abandon the defence. It would be unjust to make a NPCO in these circumstances, despite Mr Bailey being a real party and providing limited funding.

Parties
Claimant/respondent: SONY/ATV MUSIC PUBLISHING LLC; Claimant/respondent: SONY/ATV MUSIC PUBLISHING (UK) LIMITED; Defendant: WPMC LIMITED (IN LIQUIDATION); Defendant: IAMBIC MEDIA LIMITED (IN LIQUIDATION); Costs Defendant/appellant: DAVID BAILEY
Jurisdiction
England and Wales
Judgment Date
06 September 2018
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Non Party Costs Orders, Copyright Infringement, Director Liability, Failure to Warn, Funding Litigation
Civil Procedure Company Law Intellectual Property Non Party Costs Orders Copyright Infringement Director Liability Failure to Warn Funding Litigation

Case Brief

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Parties

SONY/ATV MUSIC PUBLISHING LLC

Claimant/respondent

SONY/ATV MUSIC PUBLISHING (UK) LIMITED

Claimant/respondent

WPMC LIMITED (IN LIQUIDATION)

Defendant

IAMBIC MEDIA LIMITED (IN LIQUIDATION)

Defendant

DAVID BAILEY

Costs Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a non-party costs order (NPCO) should be made against Mr Bailey for costs incurred by SATV in copyright proceedings against WPMC and Iambic
  2. 2 Whether Mr Bailey was the 'real party' to the litigation
  3. 3 Effect of failure to warn Mr Bailey of potential NPCO

Ratio Decidendi

The absence of any warning to Mr Bailey that a NPCO might be sought was fatal to SATV's application. Mr Bailey was deprived of realistic opportunities to settle, protect himself, or abandon the defence. It would be unjust to make a NPCO in these circumstances, despite Mr Bailey being a real party and providing limited funding.

Court Disposition

appeal allowed

Orders

  • NPCO against Mr Bailey set aside
  • Cross-appeal on interest does not arise