Mackie (t/a 197 Aerial Photography) v. Askew [2009] ScotSC 28 (11 August 2009)

Mackie (t/a 197 Aerial Photography) v. Askew [2009] ScotSC 28 (11 August 2009)

Ayr Sheriff Court has jurisdiction because the alleged copyright infringement caused harm within its jurisdiction, as the photographs were accessible and viewed in Troon, and the law allows the pursuer to sue either where the damage occurred or where the event giving rise to the damage occurred.

Citation
[2009] ScotSC 28
Parties
Pursuer and Appellant: Alan Mackie t/a 197 Aerial Photography; Defender and Respondent: Nicola Askew, largsholidaylets.co.uk
Jurisdiction
Scotland
Judgment Date
11 August 2009
Procedural Posture
Appeal / Jurisdictional Challenge on Appeal From Sheriff's Dismissal
Outcome
Appeal allowed; sheriff's dismissal for want of jurisdiction reversed.
Legal Topics
Copyright Infringement, Jurisdiction, Breach of Statutory Duty
Intellectual Property Civil Procedure Copyright Infringement Jurisdiction Breach of Statutory Duty

Case Brief

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Parties

Alan Mackie t/a 197 Aerial Photography

Pursuer and Appellant

Nicola Askew, largsholidaylets.co.uk

Defender and Respondent

Procedural Posture

Appeal / Jurisdictional Challenge on Appeal From Sheriff's Dismissal

Legal Issues

  1. 1 Whether Ayr Sheriff Court has jurisdiction over a copyright infringement claim where the alleged harm occurred via a website accessible in its jurisdiction
  2. 2 Whether the defender's appearance constituted acceptance of jurisdiction
  3. 3 Interpretation of 'place where the harmful event occurred' under Civil Jurisdiction and Judgements Order 2001

Ratio Decidendi

Ayr Sheriff Court has jurisdiction because the alleged copyright infringement caused harm within its jurisdiction, as the photographs were accessible and viewed in Troon, and the law allows the pursuer to sue either where the damage occurred or where the event giving rise to the damage occurred.

Court Disposition

Appeal allowed; sheriff's dismissal for want of jurisdiction reversed.

Orders

  • Recall of sheriff's interlocutor of 1 May 2009
  • Remit to sheriff to fix a full hearing