AFM and SAG-AFTRA & Ors v The Secretary of State
[2025] EWHC 3262 (Ch)
11 Dec 2025
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In a judgment handed down today, Richards J and Master Brightwell considered the requirements of CPR r.19.8 for representative claims in litigation concerning one of the last Francovich actions before the English courts, brought before the end of the IP Completion period.
This follows the judgment of Richards J reported at [2025] EWHC 1944 (Ch) (please see our previous case summary here.)
The case concerned claims for Francovich damages brought in a representative capacity under CPR r 19.8 on behalf of approximately 30,000 US Performers, the Court rejected the terms on which the Claimants proposed to proceed. Instead, they ordered further steps which the Claimants were required to take in order to address the requirements of the CPR 19.8 procedure, in particular to address the need for there to be an “individual assessment of damages” (at [80]-[86]).
The Court also considered (and accepted) an application by Phonographic Performance Limited (“PPL”) to intervene only by making submissions because of its role in collecting royalties from users of recorded music when phonograms are exploited in the UK. The Court resolved a discrepancy between two judgments (Golden Eye (International) Ltd v Telefonica UK Ltd [2012] EWHC 723 (Ch) and W Clappison Limited v Aldi Stores Limited [2025] EWHC 1459 (Ch)), preferring the analysis of Arnold J (as he then was) in Golden Eye. In essence, it concluded that - since PPL does not seek to be made party to the proceedings - its request should be approached either by reference to the court’s inherent jurisdiction or by reference to CPR 3.1(2)(p), and not CPR r.19.2 (at [93]).
Ravi Mehta acted for The Secretary of State (alongside Ewan West KC and Will Perry of Monckton Chambers).
James Segan KC acted for Phonographic Performance Limited (intervening).
The judgment may be found here.
