> there are three new items to peruse via
I am rather surprised at one of the items, which is the ruling against
Naylor and Symonds from last Autumn. PRK insisted at the time that the court
had not found against Naylor and Symonds, and had not restricted their right
to appeal. The text of the judgment states the opposite and shows that the
judgment was just as reported by OTO sources at the time.
In the High Court of Justice
ORDER [outlook slightly adapted to online editing]
Claim No HC 1999 No 04477
Claimant (include Ref.): Ordo Templi Orientis (a body
incorporated in the State of
in the United States of America
Defendants (incl. Ref.) (1) John Symonds
(2) Anthony Naylor
(3) Mandrake Press Limited
Before Master Price
Wednesday and Thursday the 18th
and 19th of October 2000
Upon the Hearing of the inquiry ordered to be heard pursuant to the
orders of Master Price dated 27th day of March and 30th day of May 2000
it was ordered that such inquiry be held before a Master as to whether the
has title to sue by virtue of the Claimant's case in paragraphs 1 to 24 of
Particulars of Claim in respect of the infringement of the Coypright works
in the schedule to the Particulars of Claim.
And upon the said inquiry taking place on the 18th and 19th of October 2000.
And upon hearing Counsel for the Claimant and the Defendants.
And upon reading the documents marked upon the Court file as having been
And upon the Master giving judgment in the said inquiry on the 19th of
IT IS ORDERED THAT
1. The Defendant's application to amend paragraph 21 of their Amended
Defence be refused.
2. As regards costs:-
a. the Defendants shall pay the Claimant's costs of the said inquiry;
b. such costs shall be determined upon detailed assessment (if not
c. the said assessment shall take place forthwith;
d. thereafter such sums as are found due to be Claimant (if any) together
with interest under the Judgments Act 1838 as shall have accrued from
date of this order shall be paid by the Defendants to the Claimant
within 14 days of the date of service upon the Defendants of the final
certificate of the court pursuant to paragraph 47.16(3) of part 47 of
Civil Procedure Rules;
e. that the foregoing shall be without prejudice to the power of the
to isse an interim costs certificate pursuant to paragraph 47.15(1)(a)
of part 47 of the Civil Procedure Rules.
3. The Claimant shall be released from the provision already made by it for
security for costs of the said enquiry And That, to this end, the
Defendants' solicitors shall within 7 days of this order return to the
Claimant's solicitors the original letter of guarantee dated the 17th of
2000 issued by Landesbank Berlin.
And it is Directed that there shall be a case management conference
for the purpose of determining what directions are necessary for the further
of his action which case management conference shall be held not earlier
16th of November 2000 and which shall be fixed to be held at a date
the representatives of the parties with a time estimate of 1 hour.
And it is Declared that
1. The claimant is entitled to the absolute title in the copyrights (so far
subsisting) in all of the literary works written by Aleister Crowley.
2. The claimant is entitled to the equitable title in the copyrights (so far
subsisting) in all other works created by the said Aleister Crowley which
not form the subject matter of the previous delcaration.
And that the Defendants shall not have permission to appeal.
Andrew Nichol Q.C. Ashely Roughton
Counsel for the Claimant Counsel for the Defendants
020 7404 1313 020 7430 1234
Dated this 19th day of October 2000.
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