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.


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


(1) Dockerill; (2) Healey v (1) Tullett; (2) Macefield; (3) Bakos and (1) Tubridy v (1) Sarwar (2012) EWCA Civ 184. Court of Appeal (Civil Division). Arden LJ; Patten LJ; Carnwath LJ.

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


(1) Christopher Brown and (2) Andrew Mayberry (joint liquidators of Broadside Colours and Chemicals Ltd) v (1) Geoffrey Button; (2) James Button; (3) Catherine Button, Re (2012) EWHC 195 (Ch). Chancery Division District Registry (Leeds). Behrens HHJ.

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



Tarlo Worldwide Ltd v Revenue and Customs Commissioners (2012) UKFTT 85 (TC). First-tier Tribunal (Tax Chamber). Alban Holden; Judge David S Porter.

25 January 2012


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



Adobe Systems Inc v Netcom Distributors Ltd. Unreported. Chancery Division. Mann J.

24 February 2012


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

BBC v Sugar (Deceased) (represented by Fiona Paveley) (2012) UKSC 4, Times, 28 February 2012. Supreme Court (SC). Lord Phillips (President); Lord Walker JS.; Lord Wilson JSC; Lord Mance JSC; Lord Brown JSC. 15 February 2012

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


Barclay Pharmaceuticals Ltd; (2) AAH Pharmaceuticals Ltd; (3) AAH Ltd v (1) Waypharm LP; (2) Antoine Mekni; (3) David Condliffe; (4) Kenneth Marketing; and (6) Waypharm SAS. [2012] EWHC 306 (Comm). Commercial Court (QBD ).

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