Home » Intellectual Property, Media & Entertainment » Chancery Division rules on the test for setting aside summary judgment and copyright infringement
Phonographic Performance Ltd v Ambibola Balgun t/a Mama Africa  EWHC 1327
The Claimant claimed that the Defendant had played sound recordings, which infringed copyright in relation to two songs, contrary to s.16 of the Copyright & Patents Act 1988 (“the CPDA”). The Claimant obtained summary judgment on its claim in the absence of the Defendant who was acting as a litigant in person. Following enforcement, the Defendant applied to set aside summary judgment. The Master refused to set it aside using CPR 39.3 (5) as a guide.
The Defendant appealed contending that
Miss Penelope Reed QC sitting as a Judge of the Chancery Division of the High Court held:
The Judgment can be accessed here
Arfan Khan argued the case on behalf of the Defendant, and did not appear below.
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