Mackie v. Askew [2009] ScotSC 39 (11 August 2009)

Mackie v. Askew [2009] ScotSC 39 (11 August 2009)

Ayr Sheriff Court has jurisdiction to hear the claim because the alleged harmful event (copyright infringement and breach of statutory duty) occurred in Troon, where the pursuer resides and where the damage was suffered, as well as where the website was accessed. The pursuer is entitled to raise proceedings in the court where the harm was felt, not only where the infringing act originated.

Citation
[2009] ScotSC 39
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 sustained; sheriff's dismissal recalled; cause remitted for full hearing; no expenses due to or by either party for the appeal.
Legal Topics
Copyright Infringement, Jurisdiction, Delict, Breach of Statutory Duty
Intellectual Property Civil Procedure Copyright Infringement Jurisdiction Delict Breach of Statutory Duty

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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 to hear a claim for copyright infringement and breach of statutory duty where the alleged harm occurred via publication on the internet.
  2. 2 Whether the place where the harmful event occurred includes the pursuer's location where the damage was felt.

Ratio Decidendi

Ayr Sheriff Court has jurisdiction to hear the claim because the alleged harmful event (copyright infringement and breach of statutory duty) occurred in Troon, where the pursuer resides and where the damage was suffered, as well as where the website was accessed. The pursuer is entitled to raise proceedings in the court where the harm was felt, not only where the infringing act originated.

Court Disposition

Appeal sustained; sheriff's dismissal recalled; cause remitted for full hearing; no expenses due to or by either party for the appeal.

Orders

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