Litigation Letter
Pre-action offer
Brown v MCASSO Music Productions [2005] EWCA Civ 1546; LTL 12 January
The claimant was a songwriter who appealed against the decision on costs made in favour of the defendant music company following
a three-and-a-half-day trial in the Patents County Court. The claimant claimed for infringement of his copyright in the lyrics
for a rap song. The judge held that he had a 10% joint ownership of the copyright, and awarded him damages of £180 and interest.
The claimant was ordered to pay the defendant’s costs from a date before the issue of proceedings on the basis that the defendant
had offered to settle both before and after the issue of proceedings and to mediate the claim. The claimant had been represented
from time to time in various hearings in related proceedings but had represented himself at trial.