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Murphy v Media Protection Services Ltd [2012] EWHC 466 (Admin)

Case Summary  |  Judgment  |  24 February 2012

 

Martin Howe QC appeared for the appellant (Mrs Murphy) in her appeal against a conviction by Portsmouth Magistrates under s. 297(1) of the Copyright Designs and Patents Act 1988 for dishonestly receiving programme without paying the charge applicable to its reception, and James Mellor QC appeared for the respondent prosecutor. Mrs Murphy had used an imported Greek satellite decoder card to show Premier League football matches in her pub, and the prosecution's contention was that she should have paid for a Sky commercial decoder card since FAPL had granted exclusive rights to Sky to screen Premier League matches in the United Kingdom. Applying the judgment of the ECJ Grand Chamber in Joined Cases C-403/08 & C-429/08, the Administrative Court (Stanley Burnton LJ and Barling J) quashed her conviction, and in a subsequent judgment ([2012] EWHC 529 (Admin); [2012] FSR 397) ordered the prosecutor to pay her costs of her appeal and of the proceedings in the ECJ.