Full case report

Island Records Ltd v Tring International Plc

Reference [1996] 1 WLR 1256; [1995] 3 All ER 444; [1995] FSR 560
Court Chancery Division

Judge Lightman J

Date of Judgment 12 Apr 1995


Summary

Intellectual property – Copyright – Infringement – Remedies – Election – account of profits – damages


Facts

The Claimant owned the copyright in musical recordings by Cat Stevens, which the Defendants admitted infringing.


Issue

Whether the Claimant had to elect between damages and an account of profits prior to judgment.


Held

There was no authority which required the claimant to elect before judgment – existing authorities merely required that a claimant could not be entitled to both remedies at judgment. The claimant was entitled to make an informed choice before deciding how to elect. The Defendants’ offer of an audited schedule was an acceptable alternative to discovery. The Claimant had seven days from the service of the schedule to elect between damages and an account.


Comment

This authority established the right of a claimant in a case involving alternate remedies to make an informed choice before making an election.


Instructing Solicitors

Hamlin Slowe for the Plaintiff. Marriott Harrison for the Defendants.