The Small Clains Track and Copyright infringment:

If you are worried about infringement or your work has been copied and you want to take action.
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AndyJ
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Re: The Small Clains Track and Copyright infringment:

Post by AndyJ » Thu Jan 17, 2019 9:32 pm

Hi Peter,

Much as I would like to help, I cannot by law become involved in assisting you to conduct your litigation, as I am not your solicitor. While arguably, casting an eye over your Particulars of Claim is not technically 'assisting', the fact that it would need to be done privately departs from the the purpose of the forums which is to openly provide generic advice about the law relating to copyright.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

PeterD
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Re: The Small Clains Track and Copyright infringment:

Post by PeterD » Thu Jan 17, 2019 9:40 pm

Hi Andy
Yes I see the point and thank you for the advice, I shall hopefully be able to proceed once I receive this last statement and will as a matter of course keep you, and the forum abreast of future developments, I think that my issues are going to become more complicated once we move to the next stage, as I am unsure what the next step from -?- will be, time of course will tell, again thanks for your advice, always appreciated, regards
Peter

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Re: The Small Clains Track and Copyright infringment:

Post by ATMOSBOB » Fri Jan 18, 2019 3:33 pm

You could try reading this which seems to be the only example on the web.

http://www.epuk.org/the-curve/the-infri ... ight-claim

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Re: The Small Clains Track and Copyright infringment:

Post by PeterD » Sat Jan 19, 2019 12:02 am

Thanks for the link Atmosbob. I have taken a look and think I may need some serious time to read through it all, but I have already read a few interesting sentences, and hope that tomorrow when I have a little more time on my hands I shall read more that could assist me to create a relatively compact particulars of claim, I am being delayed at present by awaiting some other vital information and rather than rush and regret, I would prefer to get it right first time even if it takes a while, but judging from what I read of others experience of the IPEC it could take a long time to get matters resolved anyway. Thanks again for your advice, regards, Peter

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Re: The Small Claims Track and Copyright infringment:

Post by PeterD » Wed Feb 13, 2019 1:10 pm

Hi Atmosbob & Andy
I followed the link and read the article in its entirety, and though it relates to photography, I found it interesting to be able to make comparisons with my own dilemma. Regarding my present situation I have finally arrived at a point where having written my third and final letter to the infringer (letter before action) the 14 days has elapsed and it has obviously been ignored, and as a result I have begun to complete my claim form to proceed to the IPEC. The particulars of claim has after writing and rewriting it several times runs to 3 A4 pages in its condensed version, and having taken Andy's earlier advice by beginning the content with almost a page that describes the origins, and all the related research that went into the creation of the five books, I then continued with by outlining all the evidence that I have against the infringer.
This now leads me to a number of questions that I need advice on. When I submit my claim form, and fee to the IPEC, is it wise to submit more than one form for sealing? I had intended to submit a total of 3. Do I send the additional evidence, including a written statement from a witness together with copies of examples of the infringing to the IPEC with the claim form? And if the answer to the latter is yes. Do I also have to serve these at the same time as the sealed claim form on the defendant? Finally can I personally deliver the sealed claim form through the defendants letter box at his home address as opposed to posting it? Apologies for all the questions, but having followed the thread of AnnH, I can see so many potential pitfalls looming with an awkward, and so far obstructive defendant.
Look forward to any assistance with my questions, kind regards Peter

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AndyJ
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Re: The Small Clains Track and Copyright infringment:

Post by AndyJ » Thu Feb 14, 2019 11:09 am

Hi Peter,

You need to differentiate betwen the Particulars of Claim (which is what goes on the Claim Form N1), and the Statement of Case. The latter is the full details of the claim plus the background, any attempts to avoid making a claim etc, plus the remedies you are seeking from the court etc. The statement of case can be as long as is required, although be careful not to repeat yourself, as I am sure you have been when editing your statement. You only need one Form N1 to be sealed. Don't include any statements with the claim form or statement of case. All you need to do is provide sufficient evidence that you are the owner of the copyright (this is not, I think, disputed). For the purpose of this case a photocopy of the title page of volume one meets the requirements of Section 104. In your statement of case you can say something like 'I will produce statements from witnesses who can give evidence as to the events which took place at the meeting of ...'. This will show the defendant the type of evidence you have, without revealing the detail at this stage. You only need to serve the claim form initially, and the statement of case can follow. However if you have both prepared there's nothing to prevent you serving both at the same time. And yes you can serve the claim form in person (this is known as a personal service - see CPR 6). However in order to remove any room for a denial that service was performed, you should hand it to the man himself and not whoever comes to the door (she might be his cleaner!). Or you can send it by first class 'signed for' post.

Hopefully you will have now seen the successful outcome of Ann H's case, and that will spur you on!
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

PeterD
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Re: The Small Clains Track and Copyright infringment:

Post by PeterD » Thu Feb 14, 2019 10:08 pm

Hi Andy
Thank you again for the helpful reply and I have to now disclose another twist in my dilemma, and that is that mornings post contained the recorded envelope together with its content, being my letter before action, which I have left unopened. It seems that no one was available to sign for it and as such the postman pushed a card through the letterbox making ??? aware that it was available for collection, but clearly as he would know by now from my two previous letters that were both recorded that I would have been the sender, so has chosen to sit it out and not collect it.
My next course of action is to reprint the contents of the letter, with a further covering letter letting him know what I suspect, and deliver it and post it through his letterbox myself, at the point of posting I will write on the fully addressed envelope delivered by hand, date and time it and then photograph it protruding from his letter box before pushing it through to fall on his mat.
I will retain the letter that I received this morning with its writing giving details of attempted delivery as further evidence. Now I must read the AnnH post, kind regards
Peter

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Re: The Small Clains Track and Copyright infringment:

Post by ATMOSBOB » Fri Feb 15, 2019 11:54 am

All the court requires is a normal first class letter.

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Re: The Small Clains Track and Copyright infringment:

Post by PeterD » Fri Feb 15, 2019 6:18 pm

Thanks for that, regards
Peter

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