Foreign satellite solicitor's £38K bill over appeal

A solicitor representing foreign satellite suppliers has agreed to pay £38,000 in legal costs after an appeal over a licensee's conviction was abandoned.

Paul Dixon of Molesworths Bright Clegg agreed to pay costs of £13,000 to Claire Race of the Blue Stoops, Dronfield, Derbyshire and £25,000 to Media Protection Services, which prosecutes for foreign screenings on behalf of the Premier League.

Race was convicted at Chesterfield Magistrates of copyright offences for screening a Premier League transmissions via Morocco-based broadcaster ART in April 2009.

Dixon appealed her conviction at Derby Crown Court the following month.

Solicitors from Banner Jones, now acting on behalf of Race, claimed the appeal was lodged without her consent — a fact Dixon disputes.

"When Mrs Race discovered that the appeal had been submitted she agreed to withhold withdrawing the appeal pending promised developments in similar cases, having been assured that there would be no financial risk to her," said Rob Stubbs of Banner Jones.

"Mrs Race subsequently sought to withdraw the appeal in April 2010. This decision was motivated by Mrs Race's concern that she was in fact exposed to a financial risk, which ultimately proved to be the case."

Good faith​

The case was abandoned on 7 July, followed by a costs hearing on 9 September. Dixon told the Morning Advertiser that "at all times we acted in good faith and with the best interests of our client at heart".

He said: "Although Mrs Race instructed us to continue the appeal proceedings on a number of occasions, she subsequently decided to abandon her appeal for private reasons, and therefore we felt it was appropriate and in the bests interests of our former client to meet the costs so that she would not be out of pocket.

"Had Mrs Race pursued her appeal to a conclusion we have no doubt that it would have been successful, in the same way that dozens of our clients have either been acquitted by Magistrates courts or succeeded on appeal."

It comes as both sides in the foreign satellite football debate line up for the legal hearing at the European Court of Justice over the case of licensee Karen Murphy, due on 5 October.

Dixon, who represents Murphy, said: "We remain totally focused on securing a positive outcome at the European Court."