Although valuing an infringement of copyright (i.e. However, even if there were a serious question to be tried, HHJ Keyser said he would still refuse an injunction because damages would be an adequate remedy. In HHJ Keyser’s view, Happy Camper had not shown that it was plausible that there had been any, let alone substantial, copying of the text. The facts as to whether copying had taken place were disputed and, although there were some similarities at quite a high level of generality, when considering whether there had been copying of a substantial part of the literary work, “ the case does not seem to get off the ground”. It alleged that the idea and features of the expression of the idea in its script had been used in the script for the BBC’s film.Īpplying the test in relation to the grant of interim injunctions as set out in American Cyanamid Co (No 1) v Ethicon Ltd AC 396, His Honour Judge Keyser QC found that, on the evidence, Happy Camper had failed to show that there was a serious question to be tried. Happy Camper claimed numerous suggested similarities between the two scripts and films, including the location, the premise of the programme and the characters. The pilot film of Ms Lockett’s script was broadcast at various venues in Cardiff in March 2018. Happy Camper claimed copyright in the script of a pilot episode of a comedy drama called “ Down the Caravan”, written by one of the two directors of the company, Kay Lockett, the other director being her husband, Jerry Lockett. Happy Camper relied on copyright infringement as the basis of its claim. The claimant, Happy Camper Productions Ltd, applied to the High Court for an interim injunction to restrain the defendant, the BBC, from broadcasting a comedy drama called “ Pitching In”.