England and Wales Case Law

Trustees of the AFM and SAG-AFTRA Intellectual Property Rights Distribution Fund & Ors v Secretary of State for Science, Innovation and Technology

Trustees of the AFM and SAG-AFTRA Intellectual Property Rights Distribution Fund & Ors v Secretary of State for Science, Innovation and Technology [2025] EWHC 3262 (Ch) (11 December 2025)

The court held that the representative claims could continue only if causation arguments succeed, and allowed PPL to intervene on the Atresmedia issue.

• Representative actions
• Francovich damages
• Equitable remuneration
• Collective redress
• Case management
• Disclosure

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Trustees of the AFM and SAG-AFTRA Intellectual Property Rights Distribution Fund & Ors v The Secretary of State for Science, Innovation and Technology

Representative claims under CPR 19.8 may proceed only if damages can be assessed on a common basis without individualised inquiry; since the claimants' proposals do not adequately address practicalities if causation arguments fail, the court grants a limited further opportunity for claimants to demonstrate viability, but does not bring the representative claims to an end at this stage. PPL is permitted to intervene by written submissions under the court's inherent jurisdiction.

Source excerpt

• Representative actions
• Francovich damages
• Equitable remuneration
• Eu law implementation
• Case management
• Intervention

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Trustees of the AFM and SAG-AFTRA Intellectual Property Rights Distribution Fund v The Secretary of State for Science, Innovation and Technology

The High Court dealt with representative-action, standing, Brexit damages, and audio-visual works issues in a claim about performers’ equitable remuneration.

• Equitable remuneration
• Performers' rights
• Francovich damages
• Collective management organisations
• National treatment
• Post-brexit statutory regime

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Trustees of the AFM and SAG-AFTRA Intellectual Property Rights Distribution Fund v The Secretary of State for Science, Innovation and Technology

Trustees of the AFM and SAG-AFTRA Intellectual Property Rights Distribution Fund v The Secretary of State for Science, Innovation and Technology [2025] EWHC 1944 (Ch) (30 July 2025)

The High Court allowed a representative copyright damages claim to proceed in principle, but required workable proposals for individualized damages assessment.

• Equitable remuneration
• Copyright in sound recordings
• Francovich damages
• Standing and representative actions
• Collective management organisations
• Post-brexit eu law compliance

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