Enforcing Small IP Claims: Sullivan v Bristol Film Studios
In Sullivan v Bristol Film Studios Ltd [2012] EWCA Civ 570 (3 May 2012) the Court of Appeal dismissed an appeal from a strike out of a claim for copyright, moral rights and performers' rights infringement and breach of contract under CPR 3.4 by the Chancery interim applications judge sitting in Bristol. The claim was struck out as an abuse of the process of the court not because it was bound to fail, but because even if it were to succeed the costs of fighting it would be out of all proportion to the amount that the claimant was likely to recover. The claim was brought by a hip hop artist who had contracted with the defendant film company to make a video. The film was to have been a joint venture. The claimant, Tony Sullivan (also known as Rudey Soloman ( "Mr. Soloman" ), made the soundtrack and appeared in the film. The film company made the film in return for a share of the sales or other revenues. After the film had been made, it was up...