Express Newspapers Plc v News (UK) Ltd, 1990 WL 754138 (1990)

For educational use only

Express Newspapers Plc v News ( UK) Ltd

Positive/Neutral Judicial Consideration

Court
Chancery Division

Judgment Date
12 February 1990

Where Reported
[1990] 1 W.L.R. 1320
[1990] 3 All E.R. 376
[1990] 2 WLUK 165
[1991] F.S.R. 36
[1990] F.S.R. 359
(1990) 87(35) L.S.G. 41
Times, February 13, 1990
Independent, February 14, 1990
Guardian, March 14, 1990
[1991] C.L.Y. 2978

Subject
Intellectual property

Keywords
Copyright; Counterclaims; Defences; Newspapers; Summary judgments

Judge
Sir Nicolas Browne-Wilkinson VC

Case Digest
Abstract
N applied for summary judgment on its counterclaim in an action which involved the copying by E and N of each
others' stories. E had obtained summary judgment in proceedings for breach of copyright by N on the basis that
N could provide no reasonable defence. E sought to resist the counterclaim on the basis that they had an arguable
defence. The facts in each case were indistinguishable.

Held: Summary judgment granted on the counterclaim. Following Walter v Lane [1900] A.C. 539, N had copyright
in the interview it published. The issue was whether or not E had an arguable defence. E could claim such a
defence where it had given sufficient acknowledgment in their report of the source (s.30 of the Copyright, Designs
and Patents Act 1988). Thus, had not the counterclaim been a mirror image of E's claim, leave to defend would
have been granted.

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