Judge considers awarding costs to defendants in piracy case

vbimport

#1

The Judge hearing cases brought by ACS in London in allegations of piracy has closed the case brought against 26 defendants.
Judge Colin Birss QC heavily criticised ACS for issuing threatening letters and then ditching proceedings as they never had any intention of properly pursing file sharers over the matter.
The defendants Solicitor is seeking £90,000 costs from ACS which the Judge is considering awarding.
The firm is already under investigation by the Law Society for their practices.
It will be interesting to see what the outcome will be.

It couldn’t happen to a nicer outfit.:bigsmile:


#2

Basic principle of British (and Australian) law is that if you start a case and then drop it (otherwise than as part of an agreed settlement or compromise) you pay the defendants’ costs. Only real question will be how much of those costs will be allowed.

Typically a successful defendant will only get about 60% back but in this case it seems that the defendants’ lawyers are seeking a special order so that they will get back, more or less, the lot… :slight_smile: