ACS Law denied leave to appeal as 'wasted costs' proceedings continue

With ACS Law's Andrew Crossley facing the prospect of being held liable for costs in the copyright infringement case, an appeal to dismiss the proceedings to award costs against him, and his now defunct law firm, was thrown out today by Judge Birss.

At the hearing at the Patents Court of England and Wales, Judge Birss said he felt that on two points of the legal requirements of the 'wasted costs' proceedings, ACS Law had "no real prospect of success" in appealing.

He would therefore not give leave to appeal "at this point".

The ACS Law/Media Cat proceedings against 27 people alleged to have illegally downloaded pornographic films. have been a fiasco from the start. At an earlier hearing Judge Birss said: "Let me be absolutely straight. I am getting the distinct impression that with every twist and turn, it appears the claimant [Media Cat which used ACS Law as its solicitor] is trying to avoid judicial scrutiny."

Allowing the case for wasted costs to proceed to the second stage today, Judge Birss spelled out his feelings in his judgement; which firmly laid much of the blame for the months-long shambolic legal proceedings at the feet of ACS Law.

"ACS Law's conduct was chaotic and lamentable. Documents which plainly should have been provided were not provided. This was not the behaviour of a solicitor advancing a normal piece of litigation. I do not doubt that this led to unnecessarily incurred costs," Judge Birss said.

He also gave no room for Crossley to distance himself from any liability if the defendants are successful in their bid.

Concerns were voiced today by Guy Tritton, barrister for the defendants that a legal point could be raised about Crossley's personal liability and that of ACS Law; even though Mr Crossley is the sole proprietor.

The judge agreed and joined ACS Law and Andrew Crossley jointly as party to the wasted costs action.

Noting in his judgement that Crossley did not "deny the statement reported in the media that he expected to earn £3m from this work In 2010, 2011... there is a good arguable case that Mr Crossley's admitted revenue share from the letter writing campaign meant that he stood personally to benefit form success in the proceedings"

At the hearing Judge Birss also said ACS Law will be liable for 80 per cent of the costs of the hearing on 16 March. But he did award Peter Parker, barrister for ACS Law his attendance costs for a half-day hearing on 8 February.

These costs and the second stage for wasted costs against ACS Law and Andrew Crossley will be heard on 17 June.