Paolo, R (on the application of) v City of London Magistrates Court
2014
ADMINISTRATIVE COURT
UK
CORAM
- LORD JUSTICE LAWS
- MR JUSTICE CRANSTON
Areas of Law
- Civil Procedure
- Intellectual Property Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The claimant challenged a search warrant issued by the City of London Magistrates’ Court, arguing non-disclosure and error. The claim was filed late, and an extension was requested but denied due to misleading justifications. Premier League broadcasting rights and the legality of foreign decoder cards were central issues. The court dismissed the case due to untimely filing and the claimant's misleading assertions.
Judgment
Mr Justice Cranston:
This is the judgment of the court, prepared by Mr Justice Cranston.
Introduction
In this judicial review the claimant challenges the issue of a warrant which the first defendant, the City of London Magistrates’ Court, issued on the application of the interested party, the Commissioner of Police for the City of London. The grounds of challenge are non-disclosure by the police to the court granting the warrant, and error on the part of the magistrate that he could have a reasonable belief that there was material at the claimant’s address which was likely to be of value to the investigation.
The claim form in this case was filed out of time. An application for an extension of time in which to file the claim form has been lodged. For the reasons we give later in this judgment, we have concluded that the justification given in it for the extension of time is misleading. On that basis we take the draconian step of refusing an extension of time and dismiss the claim.
Background
The Premier League licenses broadcasters to transmit its football matches. At the relevant time Sky and ESPN were the only licensed broadcasters in the United Kingdom. Subscribers, including commercial subscribers such as public houses, are issued with decoders enabling them to access the encrypted signal which Sky and ESPN broadcast. The Premier League also licenses foreign broadcasters, typically on a territorial basis. A foreign broadcaster issues dedicated decoder cards to residents of the relevant territory. A foreign broadcaster is forbidden under the license to transmit signals for viewing in the United Kingdom and to provide anyone else with the means to do so.
At the relevant time Tring TV was the licensee for Albania. A letter dated 26 August 2010 from Tring TV to its licensees stated that it was not authorised to broadcast Premier League matches outside Albania and that it would switch off any of its decoder cards found to be used unlawfully in the United Kingdom.
The marketing and use in the United Kingdom of decoder cards issued abroad, but able to give access here to Premier League matches, had been before the courts well before the events dealt with in this judgement. One concern was that the cards were being offered in the United Kingdom at more favourable prices than those available from the United Kingdom licensed broadcasters. In two sets of proceedings in 2009 the High Court referred questions to the Court of Justice of the Europea