IP analysis: This judgment considers CPR Part 19 representative actions in the context of copyright infringement claims, particularly those that involve alleged infringement of a very large number of works owned by different entities. The court decided that one Claimant, Thomas M Barwick Inc (Barwick), could not act as a representative for a class of individuals (who had licensed copyright works on similar terms to Getty, with the other claimants being members of the Getty corporate group) due to an unclear class definition and issues with how the claim would be case managed. The judgment emphasises the necessity of a clear, outcome-independent class definition and a common interest among class members under CPR 19.8. The court also dismissed an informal application under CPR 19.3 to proceed without joinder of all interested parties, stating there was insufficient evidence to address whether there was potential prejudice to the defendants, though it did not shut out a further application under CPR 19.3 supported by...
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