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Author Topic: Small Claims Court information  (Read 4288 times)

Born Lippy

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Small Claims Court information
« on: October 24, 2013, 07:51:10 AM »
Hi all,

Just been digging around for information about small claims (just in case Getty ever decide to sue) and I found this...
http://www.justice.gov.uk/downloads/courts/patents-court/patents-court-small-claims.pdf
Might be handy to have...

However, more interestingly is some information that I found on the Citizen Advice pages http://www.adviceguide.org.uk/wales/consumer_w/phones_tv_internet_and_computers_index_e/consumer_the_internet_filesharing_and_copyright_e/if_youre_accused_of_online_copyright_infringement.htm

Now if I'm reading it write, it seems Getty have to prove who committed the infringement in the first place.

Also another thing to bare in mind is that Getty with have to pay their own court cost

Quote
The general principle that the unsuccessful party will pay the legal costs of the successful party
does not apply on the small claims track.

It will cost them more to take you to court than they would win...

downwithgetty

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Re: Small Claims Court information
« Reply #1 on: December 06, 2013, 08:51:32 PM »
useful.. thanks :)

spacecadet

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Re: Small Claims Court information
« Reply #2 on: February 21, 2014, 08:26:31 AM »
A rather late response.
Of course the small claims track does make it much easier to start a claim and the loser would pay the fee- still several hundred pounds. Perhaps Getty will go down that route in future.
Not a small claim, I know, but it could have been- Sheldon v Daybrook is a case where the court ordered a fee far higher than even the photographer had asked for.
I have a suggestion as to why threads on here tend to peter out- people get legal advice to settle, and they do.
I've just had a four-figure settlement from a medium-sized company- unintended copying, innocent infringement and all that. I'm sure my without prejudice offer was accepted because they took advice that the small claims court would award no less. That was all done with screenshots.

 

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