The client was restrained by a 1996 injunction preventing sale or distribution of recordings replicating the lyrics and music of a song following an interlocutory judgment. The client later located a master tape and pursued an appeal in 2002 which was dismissed on grounds of delay and injustice to the respondents. The underlying dispute concerns ownership of copyright in the sound recording and related relief, with subsequent allegations that opposing parties and former solicitors engaged in misconduct during the original proceedings.
Whether fresh evidence (the master tape) or allegations of misleading conduct justified reopening the historic dispute; whether the client could challenge refusal of legal aid or pursue professional negligence against former solicitors; whether permission for late appeal or extension of time was attainable; and the impact of statutory limitation periods on proposed civil or criminal claims.
Counsel advised that permission and an extension of time would in practice be required to reopen the appeal and that the appellate court previously refused relief on strong grounds of delay and injustice, making a successful rehearing unlikely. Counsel advised that legal aid cannot be compelled retrospectively and that any negligence claim against former solicitors is time‑barred after many years and therefore unlikely to succeed. Counsel further advised that allegations of historic fraud or conspiracy are barred by limitation for civil proceedings and would face similar practical obstacles in the criminal context; the recommended course is to cease further litigation expenditure unless new, compelling, and promptly disclosed evidence is produced for urgent reassessment.
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