14th August 2016
Hamlins secured a High Court ruling for PPL against Mr and Mrs McQuoid of Burnley
Hamlins, acting for Phonographic Performance Limited (‘PPL’), secured a High Court ruling by consent against Mr and Mrs McQuoid of Burnley, having issued an application for the Defendants’ committal to prison for breach of an injunction. Hamlins, acting for PPL throughout the proceedings, had previously obtained a High Court injunction against the Defendants in 2014. That injunction was granted because the Defendants were playing sound recordings without a PPL licence at their premises, Vogue Nightclubs. However the Defendants failed to obtain a licence or to cease the infringing activity.
Having failed to attend the hearing of the Application for their committal, Mr Justice Morgan issued a warrant for Mr and Mrs McQuoids’ arrest. Officers of the Lancashire Constabulary arrested the Defendants and brought them to the Royal Courts of Justice in London. Following a further hearing, the Defendants agreed to pay PPL damages, licence fees and costs totalling over £20,000 and told the Court they agreed to abide by the injunction in future.
Further details and comment can be found here in an article by Music Week.
Martin Ochs, the Senior Associate at Hamlins who dealt with the case, said: This is another clear example of the High Court’s robust approach to nightclub owners who flagrantly ignore injunctions and continue to commit copyright infringement by playing sound recordings without a licence. Chancery Division Judges will not hesitate to issue a warrant for the arrest of those Defendants who fail to attend Court when they are required to do so.
For more information please contact the Media and Entertainment Team at Hamlins.