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Message: <blockquote data-quote="pemerton" data-source="post: 4574948" data-attributes="member: 42582">The argument was not that the book had the same topic, but that it had the same detailed structure. This was not proven. But had it been proven then a breach of copyright would have been established without having to prove word-for-word copying.My point was that there is no such thing in English or similar Commonwealth law as trying a case to establish precedent as well as trying it to establish liability. Cases are tried to establish liability, and that is all. Full stop. In the course of establishing liability, cases heard in superior courts are able to establish precedents.Appeals courts such as the House of Lords or the High Court of Australia may use likely precedential significance as one of the grounds on which to permit appeal, but that is not a ground on which a first instance court can refuse to hear a case, nor a ground on which it can refuse to grant summary dismissal of a case when the pleadings show no cause of action.</blockquote>