Redcrier Publications Ltd & Anor v Redrup Publications Ltd (t/a Complete Care Training) & Anor
Decision date: 14 November 2013
Neutral citation: [2013] EWHC 3481 (IPEC)
Overall AI summary confidence: medium
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: medium
This case concerned Redcrier's claim that Complete Care Training (CCT) copied and sold its care-home training manuals and used a photograph from Redcrier's materials in marketing; CCT admitted infringement of the manuals while Mr Redrup's personal liability was reserved for trial. The court ordered interim payments under CPR 25.7 against CCT only — £750 to Mr Seville for the photograph and £36,700 to Redcrier for lost sales and updates — and awarded provisional costs of £18,029.95 to the claimants. Issues of Mr Redrup's liability and libel arising from a flyer were left for trial.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: medium
The court applied CPR 25.7 by making a conservative interim payment based on what the claimant can "safely be assumed" to recover, isolating an irreducible minimum and excluding speculative elements; the judge quantified a provisional notional licence for a trivial photograph by reference to its commercial role in the infringing campaign. These principles underpinned the interim award and provisional costs allocations.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The judge commented that interim payment awards should be set so repayment is unlikely, noting the asymmetry of risk inherent in interim payments; and that where liability is finally resolved interlocutorily, common sense may support immediate costs orders despite procedural reservations. The judge also observed that PCC/EPIC stage cost caps should be applied sensibly and that the witness-statement cap is intended for trial preparation.
Warning
Some repetition in the chunk and parts of the damages calculations rest on limited or contested evidence; figures are presented as conservative provisional assessments. Notes contain some repetition and parts of the damages calculations rest on limited or contested evidence; the figures are conservative provisional assessments.