Cases

Far Out Productions Inc v Water Music Productions Ltd & Ors

Held

Dismissing C's application and ordering C to pay D4’s costs down to discontinuance, and Ds’ costs of the application, on the indemnity basis:

There was no valid reason for disapplying the usual rule. The claim was very unlikely to succeed and C should have appreciated this in 2005. C had to establish deliberate, i.e. knowing, infringement against D4 to circumvent the primary limitation period under s 32 Limitation Act 1980. It was also extremely unlikely that D4 could have met any substantial claim in view of its net asset position in 2005, particularly after it paid for the costs of its defence. D1-3 had not accused D4 of deliberate infringement and joining D4 did not render it any more likely that C would circumvent D1-3’s limitation defence to pre-1999 usage. Meaningful negotiations with D1-3 had been prevented by C’s misconceived claim for an account of profits of £4M, and proper compensation for the infringement should have been a hypothetical licence fee.

Also