Copyright Act, 1963

Limitation on amount of plaintiff's costs in certain actions for infringement of copyright.

23.—(1) In any action for infringement of copyright commenced and heard in the High Court—

(a) where any relief (other than damages) claimed is within the jurisdiction of the Circuit Court and, if damages are claimed, the amount of the damages recovered by the plaintiff is not more than six hundred pounds, the plaintiff shall not be entitled to recover more costs than he would have been entitled to recover if the action had been brought in the Circuit Court, unless the judge hearing the action grants a special certificate under this section, and

(b) where the only relief claimed is damages and the amount of the damages recovered by the plaintiff is not more than fifty pounds, the plaintiff shall not be entitled to recover more costs than he would have been entitled to recover if the action had been brought in the District Court, unless the judge hearing the action grants a special certificate under this section.

(2) In any action referred to in subsection (1) of this section the judge hearing the action may, on the application of the plaintiff, grant a special certificate in writing that, in the opinion of the judge, it was reasonable, owing to the substantial or important nature of the action or the importance of any question of law involved therein that the action should have been commenced in the High Court.

(3) The reference in subsection (3) of section 12 (which limits the amount of plaintiffs' costs in certain actions in the High Court) of the Courts of Justice Act, 1936 , to a restriction imposed by that section shall be construed as including a reference to the restrictions imposed by this section on the amount of costs recoverable by plaintiffs in the actions referred to in subsection (1) of this section.