Performing Right Society Limited v Qatar Airways Group Q.C.S.C. [2020] EWHC 1872 (Ch)
This was an application by Qatar Airways (QA), to stay a claim of worldwide infringement of copyright, on grounds of forum non conveniens. PRS, a UK collecting society, is the assignee of the performing rights in the musical works of its members. It alleged that QA, the national airline for Qatar, had infringed those rights by playing those works and making them available onboard its aircraft through its inflight entertainment system. The claim covered acts taking place on the aircraft when they are on the ground or in the airspace of the UK, Qatar or in any other country that is a signatory to the principal international copyright conventions. It further covered acts taking place when the aircraft were in international airspace, in respect of which it was common ground that Qatar copyright law applied.
QA sought a stay of the English proceedings on the grounds that Qatar was another available forum to try the entire dispute which was clearly and distinctly the natural forum. Birss J dismissed the application. The judge held that plainly the QA aircraft spend more time in Qatar than they do in the UK and that Qatari law applied for more of the time than UK law. Nevertheless he was not satisfied that Qatar was clearly the natural forum for this dispute. In doing so, he reasoned that the fact that a higher share of any damages may be due for acts to which Qatari law is applicable than those for which UK law is applicable does not make Qatar clearly and distinctly the forum with which the dispute has the most real and substantial connection.
If he had formed the contrary view that Qatar was clearly the natural forum, the judge would have stayed the claim on the basis that it had not been established that substantial justice would not have been done in the courts of Qatar.
Chris Aikens acted as junior counsel for QA.