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Sheeran recovers costs despite defendant’s criticisms of pre-action conduct (Sheerans v Chokri)

Published on: 27 June 2022
Published by: LexisNexis
  • Sheeran recovers costs despite defendant’s criticisms of pre-action conduct (Sheerans v Chokri)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

TMT analysis: This case involved a judge considering the arguments of the unsuccessful defendants as to why they should not be liable to pay the claimant’s costs. The judge rejected each of the defendants’ arguments and ordered them to pay the claimants all of their costs. The judge’s examination of the claimants’ alleged failure to engage in pre-action correspondence and failure to provide appropriate disclosure throughout the course of the litigation will be of interest to practitioners who deal with claims for copyright infringement. In particular, the case is a useful example of how costs may be assessed when a defendant alleges failure to comply with pre-action protocols in a situation where the claimant is seeking a declaration of non-infringement of copyright following the defendant’s initial allegation of infringement. It is also a useful guide to a judge’s approach to costs in the face of perceived failures in disclosure by the successful party. Written by Andrew Scott, senior associate at Brodies LLP. or take a trial to read the full analysis.

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