QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
MR JUSTICE CRANSTON
| The Queen on the application of Craig Paolo
|- and -
|City of London Magistrates Court
Dijen Basu and Catriona Hodge (instructed by Berrymans Lace Mawer LLP) for the Interested Party
Hearing dates: 13 June 2014
Crown Copyright ©
Mr Justice Cranston:
"The foreign/non-UK cards are not permitted to be used in the UK …The offences that are being committed under these circumstances are section 107 of the Copyright Designs and Patents Act 108…Further offences under the Fraud act 2002 [sic] and under section 7 covering the supply of articles will be considered. Offences under S329 of the Proceeds of Crime 2002 covering possession and acquisition of criminal property will also be considered, as the suspect, [the claimant] is known to have sold over 64 illegal Tring satellite cards on Ebay alone in the last 2 months, for £299 each, and will be in possession of the proceeds of crime".
"And you know Tring is easy to get, it's a cheap card, it's an affordable card … they have the rights for the Premier League, don't let the EPL [the Premier League] tell you differently, they cannot sell a contract to Albania and then say to Albania you can't sell that outside Albania, they can make them sign it, they can put in there but it's illegal at source, this is everything that we've won in the court cases so far and that has been from the Magistrates courts to the County courts the … Crown courts, the High Court and a hundred and twenty seven recommendations last year from the UK High Court to Europe that proves beyond any reason, and even now the General Advocate give an opinion on it for the judges to rule and we get that verdict on the 3rd October. Now you guys have just lost a case with Heledon [sic] [Vuciterni] on the same, on the same rumour on these Tring cards. You know you, you're believing everything that the EPL tell you and that is simply not true, they're not allowed to make contracts like that, you know their switching Sky Italia cards off, they are, its illegal for the EPL to sit to, to give a contract to Sky Italia in Italy and then say you can't sell to any other European outside Italy."
Other passages in the interview indicated that the claimant knew Mr Vuciterni well.
" In my view, in what would inevitably have been an application in a rather esoteric field for the District Judge, there was a very significant failure to give full disclosure or to draw attention to the potential difficulties in establishing criminal or unlawful conduct on the part of the claimants. I think that was causative of injustice."
Irwin J agreed.
"In this case the claimant had only become aware that he had grounds to challenge the decision of the Justice when he discovered the judgment of the Divisional Court in R (on the application of Vuciterni) v Brent Magistrates' Court  EWHC 2140 (Admin). "
Collins J refused permission on the papers, on the basis that there was no good reason to extend time:
"The claimant had legal advice and it is no excuse for a failure to make a claim that an authoritative decision had not been made until Vuciterni: that case was based on a claim made in 2011."
In granting permission on the renewed application in late January this year, Wilkie J deliberately left open the issue of delay.
Misleading the court