Murphy case remains in the balance

A High Court test case on foreign satellite football hangs in the balance after the judges involved said they needed time to consider their views.

Lord Justice Pumfrey and Mr Justice Stanley Burnton are expected to deliver a verdict before Christmas.

All eyes were on Portsmouth licensee Karen Murphy during the two-day case at the High Court, which began on November 29.

Murphy, licensee of the Red, White & Blue, in Southsea, Hampshire, was appealing against a previous crown court conviction for showing Premiership football via Greek channel Nova.

Many licensees are keen for a decision for what is regarded as a test case on the issue of foreign satellite football.

Much of the complicated technical arguments revolved around section 297 of the Copyright, Designs and Patent Act 1988.

Martin Howe QC, representing Murphy, argued that Nova's programme was a "distinct broadcast" separate from Sky's service as there were a "number of interruptions".

"The person making the broadcast is Nova as they are the ones compiling the programme," he said.

He later added: "It's quite possible for the person deemed to be the broadcaster to be in a different country to where the broadcast is made."

However James Mellor QC, representing the respondents Media Protection Services, on behalf of the FA Premier League, argued that Nova was "only allowed to receive this transmission in Greece and nowhere else."

He said that if you got into too fine a detail on the points of the Copyright Act you "rip the logic out of them".

At the conclusion of the proceedings, Lord Justice Pumfrey told the court: "We would like to thank you and we will take time to consider our views."

Keep checking www.thepublican.com for the outcome of the hearing​