Member Login

Court makes declaratory orders in claim about collection of music performers’ fees

By: James Cross BL

or click here to request site subscription to search and view all judgments

High Court, having determined preliminary issues in a claim brought by a registered 'collecting society' and 'licensing body' concerning the collection and division of license fees for the public playing of music to producers and performers: makes declaratory orders; stays the declaratory orders until the proceedings are first listed before the Court of Appeal for directions; awards the defendant the costs of the trial of preliminary issues with a stay until the determination of the appeal; and reserves the costs of the contested application for the trial of the preliminary issues and the costs of the of interlocutory injunctions.

Form of orders – stay application – costs of legal proceedings – injunctions - High Court determined preliminary issues in case - correct interpretation of specific provisions of the Copyright and Related Rights Act 2000 - court did not have to consider the factual background leading up to an application for an interlocutory injunction made at an earlier stage in the proceedings - court did not have to consider any evidence as to the precise arrangements which exist between the Plaintiff and its members – form of the declaratory order – application for stay - difficult to identify anything that can be “stayed” - court does have jurisdiction to grant a stay on the declaratory orders - order staying the declaratory orders identified under the previous heading until the proceedings are first listed before the Court of Appeal for directions - stay on the costs order until after the final determination of the appeal – application for costs - order directing that the costs of the trial of the preliminary issues be awarded in favour of the Defendant as against the Plaintiff - not in a position to determine where liability for the costs of the contested application before the Court J. for the trial of the preliminary issues should fall – costs of interlocutory injunctions - questions of law were presented at the level of general principle only – these costs can ultimately be dealt with by the judge who hears the substantive action between the parties - that judge will have a fuller understanding of the factual background.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

Leave a Reply

Your email address will not be published. Required fields are marked *