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You are here: BAILII >> Databases >> England and Wales High Court (Chancery Division) Decisions >> Sheeran & Ors v Chokri & Ors [2021] EWHC 3553 (Ch) (02 December 2021) URL: https://www.bailii.org/ew/cases/EWHC/Ch/2021/3553.html Cite as: [2021] EWHC 3553 (Ch) |
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CHANCERY DIVISION
(BUSINESS & PROPERTY COURT)
7 Rolls Buildings Fetter Lane London |
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B e f o r e :
Between:
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IN THE MATTER OF (1) MR EDWARD CHRISTOPHER ![]() ![]() (2) MR STEVEN MCCUTCHEON (3) MR JOHN MCDAID (4) SONY/ATV MUSIC PUBLISHING (UK) LIMITED (5) ROKSTONE MUSIC LIMITED (6) SPIRIT B UNIQUE JV SARL (7) KOBALT MUSIC COPYRIGHTS SARL |
Claimants/Respondents |
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(1) MR SAMI ![]() (2) ![]() (3) ARTISTS AND COMPANY LIMITED |
Defendants/Applicants |
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MR ANDREW SUTCLIFFE QC and TOM RAINSBURY (instructed by Keystone Law) appeared on behalf of the Defendants/Applicants
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VERSION
OF JUDGMENT APPROVED
Crown Copyright ©
MR JUSTICE MEADE:
"17. Failure adequately to comply with an order for Extended Disclosure
17.1 Where there has been or may have been a failure adequately to comply with an order for Extended Disclosure the court may make such further orders as may be appropriate, including an order requiring a party to—
(1) serve a further, or revised, Disclosure Certificate;
(2) undertake further steps, including further or more extended searches, to ensure compliance with an order for Extended Disclosure;
(3) provide a further or improved Extended Disclosure List of Documents;
(4) produce documents; or
(5) make a witness statement explaining any matter relating to disclosure.
17.2 The party applying for an order under paragraph 17.1 must satisfy the court that making an order is reasonable and proportionate (as defined in paragraph 6.4).
17.3 An application for any order under paragraph 17.1 should normally be supported by a witness statement."
"3. The First Claimant is to search for and produce in their native format all recordings and notes relating to Shape of You which are or have been in his control, including those recorded or held on any mobile phone, tablet, laptop and at Gingerbread Man Studios (in Suffolk and/or London). This includes any recordings or notes relating to any earlierversions
or parts of what became Shape of You, even where it was known by a different name or did not yet have a name."
"4. Unless already required by paragraphs 1 and 3 above, the First, Second and Third Claimants are to search for and produce in their native format allVoice
Notes and/or other ambient recordings relating to Shape of You, Photograph and Strip That Down which are or have been in their control. This includes the
Voice
Notes and ambient recordings relating to any earlier
versions
of parts of what became these compositions, even where they were known by different names or did not yet have a name."
"5. Unless already produced on 28 March 2021, the First, Second and Third Claimants are to search for and produce all communications to/from the First to Third Claimants or others concerning the writing, creation and recording of Shape of You, Photograph and Strip That Down, whether sent by email, text message, WhatsApp, Facebook or Twitter or otherwise."
"6. The Claimants are to search for and produce: (1) all communications, audio and/or audio-visual
files which were sent/received by or on behalf of the Claimants in respect of Songwriter and the NYT Documentary ("the Documentaries"); and (2) all edits and outtakes of the Documentaries, which are or have been in their control."
MR JUSTICE MEADE: