Aviator Llc & Ors v Spribe Oü [2026] EWCA Civ 1224
This appeal concerned how the law of issue estoppel is dealt with by the English court when applying its conflict of law rules in the context of a claim for infringement of overseas intellectual property rights.
Aviator claimed against Spribe for infringement of both UK copyright and copyright subsisting under the laws of several foreign jurisdictions. Aviator relied on earlier decisions of the courts in Georgia as creating an estoppel in respect of issues arising in those foreign copyright claims.
The question before the Court of Appeal was whether, when deciding issue estoppel in respect of the issues in the foreign copyright claims, the UK court should apply the English law of the forum, or the foreign law governing the substantive claims.
The Court of Appeal determined that the law of issue estoppel falls outside the remit of the “Rome II” Regulation 864/2007/EC, such that the applicable law was that of England as the forum.
Edward Cronan appeared for the Appellant
Benet Brandreth KC and Christopher Hall appeared for the Respondent