16 December 2011
High Court Dismisses Application for Permission to Appeal
The High Court has ended digital jukebox supplier NSM Music Limited’s attempt to appeal the judgment made against it earlier in the year in favour of PRS for Music because it had no real prospect of success.
The case was heard in the High Court on 4th November 2011 at an oral hearing before Mr Justice Newey. NSM Music Limited has no further right of appeal and must now pay over £85,000 in unpaid licence fees in addition to interest and legal costs.
A copy of the two orders of Mr Justice Newey and order of Deputy Master Rhys are available below.
This is the latest development in the dispute following the Court’s decision in June 2011 when it ruled in favour of PRS for Music in its claim against NSM Music Limited, who was refusing to pay PRS for Music’s licence fees. The Deputy Master of the High Court found that NSM Music Limited had no reasonable prospect of successfully defending the claim brought by PRS for Music and dismissed the arguments raised in their defence as being without merit. In addition to its claim, PRS for Music was awarded interest plus costs. The Deputy Master refused to grant NSM Music Limited permission to appeal his decision.
Andy Hind, Head of Recorded Media licensing at PRS for Music said “this has been an unnecessary and long drawn out process that will end up costing NSM Music far more than if they had paid their PRS for Music licence fees as other businesses do. It is disappointing that NSM Music has chosen to take this path rather than to operate a licensed service. However, I am pleased that the High Court has delivered clear and unequivocal Judgments upholding our members’ rights”
Original Order of Deputy Master Rhys
Order of Mr Justice Newey November 2011
Order of Mr Justice Newey September 2011