Claims relating to copyright infringement should normally be heard in the Intellectual Property Enterprise Court (IPEC).
IPEC is a specialist court hearing only IP cases.
IPEC, like other civil claims, provides for a Small Claims ‘track’ for claims under £10,000 value. This is designed to make it easier for copyright owners to bring claims themselves without the need for legal representation. Accordingly it is (contrary to the position in higher-value claims) generally not possible to reclaim legal fees from the unsuccessful party.
Notwithstanding, it is still recommended that parties seek legal advice at as early a stage as possible: the values may be relatively low, but the issues in dispute may be complex. A clear strategy needs to be formulated at the outset.
For higher value claims, IPEC imposes costs and damages recovery limits on parties, so there is a clear incentive to reach an amicable settlement pre-trial.