Recorded Artists Actors Performers Ltd v Phonographic Performance (Ireland) Ltd (Approved) [2020] IECA 147 (05 June 2020)

Recorded Artists Actors Performers Ltd v Phonographic Performance (Ireland) Ltd (Approved) [2020] IECA 147 (05 June 2020)

Neither party was entirely successful; costs awarded to PPI but reduced to reflect RAAP's partial success on the authorisation issue.

Citation
[2020] IECA 147
Parties
Plaintiff/appellant: Recorded Artists Actors Performers Limited; Defendant/respondent: Phonographic Performance (Ireland) Limited
Jurisdiction
Ireland
Judgment Date
05 June 2020
Procedural Posture
Appeal / Costs Judgment
Outcome
Costs awarded to defendant/respondent, reduced to 1/3 of overall costs.
Legal Topics
Costs, Preliminary Issues, Equitable Remuneration, Collective Management Organisations
Civil Procedure Costs Preliminary Issues Equitable Remuneration Collective Management Organisations

Case Brief

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Parties

Recorded Artists Actors Performers Limited

Plaintiff/appellant

Phonographic Performance (Ireland) Limited

Defendant/respondent

Procedural Posture

Appeal / Costs Judgment

Legal Issues

  1. 1 Entitlement to costs following appeal on preliminary issues
  2. 2 Success on statutory obligation for equitable remuneration
  3. 3 Means of authorisation for representation of performers

Ratio Decidendi

Neither party was entirely successful; costs awarded to PPI but reduced to reflect RAAP's partial success on the authorisation issue.

Court Disposition

Costs awarded to defendant/respondent, reduced to 1/3 of overall costs.

Orders

  • Defendant/respondent awarded 1/3 of overall costs in High Court and appeal, including costs of submissions and hearing on costs.