Judgment Call: 12th March 2012
The copyright in film footage of a skydive over Mount Everest was owned jointly by the cameraman who had shot the footage and the person who had financed the relevant project.
Roger Mallalieu
IP
Slater v Wimmer (2012) EWPCC 7. Patents County Court. Judge Birss QC. 16 February 2012
Judgment accordingly
For the claimant Slater
Clerksroom’s Christopher Austins instructed directly
For the defendant Wimmer
Hogarth Chambers’ Ben Longstaff; Memery Crystal assistant Joanna Memery
Civil procedure
24 February 2012
Where claims by minors for personal injury damages would ordinarily have been allocated to the small claims track by reason of their value, the fact that the court’s approval for compromise of such claims was sought under Civil Procedure Rule (CPR) r.21.10(2) did not characterise them as Part 8 claims whose costs ought to be calculated in accordance with the fixed costs regime, they remained subject to detailed assessment in accordance with CPR r.44.5 by reference to the small claims track. For the fees of counsel attending such approval hearings to be recoverable, there had to be some complexity making their attendance necessary; counsel’s services were not merited simply because children or protected persons were involved.
Appeals of Dockerill, Healey and Macefield dismissed, appeal of Sarwar allowed
For the appellant Healey
4 New Square’s Nicholas Bacon QC; Sheldon Davidson Solicitors partner Sheldon Davidson
For the appellant Dockerill
4 New Square’s Nicholas Bacon QC; Lyons Davidson advocate Chris McCauley
For the respondents Tullett, Bakos and Sarwar
4 New Square’s Roger Mallalieu; Taylor Rose Law solicitor Matthew Rose
For the respondent Tubridy
5 Pump Court Chambers’ Dickon Edwards; Donns fee earner Christine Malaney
Insolvency
20 February 2012
The right to review a judgment in insolvency proceedings was governed by the Insolvency Rules 1986 r.7.47(1), not the CPR r.39.3(5). While the question of promptness under r.39.3(5) was relevant, it was not a bar to relief under r.7.47(1). Regarding service of insolvency proceedings at the last known address within the meaning of the CPR r.6.9, liquidators were entitled to rely on a postal address resulting from a search at Companies House.
Application granted
For the applicants Brown and Mayberry
Enterprise Chambers’ Claire Jackson; HLW Keeble Hawson solicitor Neil Kelly
For the respondent Button
James Button appeared in person
VAT
To have been a participant in a contra-trading fraud, a trader had
to have had actual or constructive knowledge of a connection between his own transaction and the missing trader’s dishonest failure to account for VAT or the contra-trader’s dishonest cover-up. A conspiracy did not have to be proved.
Appeal dismissed
For the appellant Tarlo Worldwide
No one appeared for the appellant
For the respondents Revenue & Customs Commissioners
Exchange Chambers of counsel Jonathan Cannan; general counsel and solicitor to HM Revenue and Customs Anthony Inglese
IP
Adobe Systems Inc v Netcom Distributors Ltd. Unreported. Chancery Division. Mann J.
The court did not have jurisdiction under Regulation 207/2009 art.96(d) to hear a counterclaim for revocation of community trademarks where the counterclaim did not act as a defence to an infringement claim.
Judgment accordingly
For the claimant Adobe Systems
Hogarth Chambers’ Michael Hicks; Redd partner Sara Ashby
For the defendant Netcom Distributors
13 Old Square’s Jonathan Turner; Richard Slade & Co senior associate Peter Emanuel
Administrative law
The Supreme Court upheld the Court of Appeal’s decision that, for the purposes of the Freedom of Information Act 2000 Sch.1, information that was established
to have been held for a genuine journalistic purpose was effectively exempt from production under the act even if it had also been held for other purposes.
Appeal dismissed
For the appellant Sugar
Essex Court Chambers’ Tim Eicke QC and David Craig; Forsters solcitor Libby Attwood
For the respondent BBC
Blackstone Chambers’ Monica Carss-Frisk QC and Kate Gallafent; instructed directly by the BBC litigation department
Torts
Gloster J. 28 February 2012
It was a persuasive proposition that an agreement causing injury by unlawful means was an actionable conspiracy notwithstanding that the parties to the agreement might be a natural person and a company under that person’s control.
Judgment for claimants
For the claimant Barclay Pharmaceuticals
Blackstone Chambers’ Barbara Dohmann QC; 11 Stone Buildings’ Ian Smith; Blackstone Chambers’ Tom Mountford; Charles Russell partner Stewart Hey
For the defendant
Litigant in person Antoine Mekni Esq
