Cole v Howlett

Pleading – Amendment. The claimant issued proceedings against the defendants, alleging copyright infringement of his music sample of the drum part of 'Warriors Dance', released on the album 'Invaders Must Die' by the Prodigy. He sought permission to amend his claim form and particulars of claim to plead an assignment of the causes in action to him from the Official Receiver of his bankruptcy estate and, thereby, properly constitute the claim. The Chancery Division, in allowing the application, held that it was disproportionate, since the defect had been cured, to deprive the claimant of his right to have the issue ventilated in court.