Peer International Corporation and Southern Music Publishing Co Inc and Peermusic (UK) Ltd v Editoria Musical De Cuba [2007] EWCA Civ 1308

Case Summary  |  Judgment  |  23 November 2007

The first instance trial concerned the entitlement to the UK copyright in 14 songs written by Cuban composers. The trial Judge, Lindsay J, found in favour of the defendants, Editoria Musical De Cuba, but at the costs hearing he did not make an order as to costs in favour of the defendants on the aspects of the case in which the claimants were unsuccessful. Editoria Musical De Cuba, represented by James Mellor QC, appealed the decision on costs, claiming that the Judge erred in law in denying them the right to recover any of its costs from the unsuccessful claimants. Peer claimed that, if the Judge had erred, then the discretion as to costs should be reviewed in a way which was more favourable to them. The Court of Appeal dismissed the appeal in October 2008 and held that the Judge had not made any errors of law in using his discretion to make no order as to costs in favour of the successful party.