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Cases Edmund Cullen

TuneIn Inc v Warner Music UK Ltd [2021] EWCA Civ 441

Judgment Date: 26 Mar 2021

The Court of Appeal (the Master of the Rolls, Lord Justice Arnold and Lady Justice Rose) gave judgment on 26 March 2021 in (1) Warner Music UK Limited (2) Sony Music Entertainment UK Limited v TuneIn Inc. The Court dismissed TuneIn’s appeal save in one small respect and upheld the High Court’s ruling that TuneIn infringed Warner and Sony’s copyrights through its operation of the TuneIn online internet radio service.

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Active Media Services Inc v Burmester, Duncker & Joly Gmbh & Co KG and others

Judgment Date: 09 Feb 2021

Mr Justice Calver has dismissed a claim in the Commercial Court worth over US$3 million relating to financing of an animated film. The case raised interesting issues relating to election, waiver and estoppel, and the inferences to be drawn from a party’s deliberate destruction and concealment of evidence.

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European Film Bonds A/S & other v Lotus Holdings LLC & others [2020]

Judgment Date: 11 May 2020

The High Court has given judgment in favour of film completion guarantors (represented by Edmund Cullen QC) who have successfully avoided a potential liability of over €18 million in what is said to have been one of the largest film completion guarantee claims to have been submitted.

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Warner Music & Sony Music v TuneIn (2019)

Judgment Date: 01 Nov 2019

A service enabling users, via a website or app, to access internet music radio stations around the world had communicated copyright works to the public contrary to the Copyright, Designs and Patents Act 1988 s.20 where the radio stations were not licensed in the UK or elsewhere, where they were licensed for a territory other than the UK, or where they were premium stations created exclusively for the service.

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European Film Bonds v Lotus Holdings LLC (2019)

Judgment Date: 25 Jul 2019

The court declined to stay proceedings under the Arbitration Act 1996 s.9 where an arbitration agreement in a film completion guarantee covered the issue whether completion and delivery of the film had occurred but not the issue between the parties as to whether in the circumstances completion and delivery was deemed to have occurred. The court declined to stay the proceedings in the exercise of its inherent jurisdiction or on case management grounds.

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Cartier International AG & Ors v British Telecommunications Plc & Anor (2018)

Judgment Date: 13 Jun 2018

Trade mark owners who obtained website-blocking injunctions against internet service providers who were innocent conduits in relation to infringing activity carried out on websites to which they provided access, were required to indemnify the internet service providers against the costs of complying with the injunctions.

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Instant Access Properties Ltd (in liquidation) v Bradley John Rosser & 6 Ors (2018)

Judgment Date: 11 May 2018

The court ruled on costs after dismissing fraud and negligence claims brought by a company in liquidation. The costs of most of the defendants should be paid on the indemnity basis, the claims against them having been speculative, weak and in large part opportunistic.

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Instant Access Properties Ltd (in liquidation) v Bradley John Rosser & 6 Ors (2018)

Judgment Date: 13 Apr 2018

Bradley John Rosser & 6 Ors (2018) Summary Although a shadow director might be liable for breach of fiduciary duty to the company, he would not be liable for any loss arising from breach of that duty where a de jure director, on the same facts, would have been relieved of duty under the Companies Act 1985 s.727 or the Companies Act 2006 s.1157

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Banner Universal Motion Pictures Ltd v (1) Endemol Shine Group Ltd (2) Friday TV AB (3) NBC Universal Global Networks UK Ltd (2017)

Judgment Date: 19 Oct 2017

A documented format for a televised game show could arguably qualify for copyright protection as a dramatic work, but it would need to have identified features distinguishing it from similar types of show, and the features would need to be connected in a coherent framework which could be repeatedly applied to enable the show to be reproduced in recognisable form. In the instant case, the documented format did not qualify for protection, because it was very unclear and lacking in specifics. Claims for copyright infringement, breach of confidence, and passing off were dismissed.

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Berrocal v Warner Chappell Music Ltd

Judgment Date: 03 Oct 2017

A New York choice of law clause in licence agreements concerning musical copyright could not be construed as also being an exclusive New York jurisdiction clause. The English court had jurisdiction to deal with the matter without expert evidence on New York law where the parties had not identified any difference between the approach to be taken under New York law and English law.

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Ian Gillan v (1) HEC Enterprises Ltd (in administration) (2) Deep Purple (overseas) Ltd (2017)

Judgment Date: 26 Jan 2017

The court was required to determine consequential and costs issues after giving judgment on an application for permission to continue proceedings against two companies in administration, and an application by the administrators to be indemnified out of trust assets under the principle in Berkeley Applegate (Investment Consultants) Ltd (No.1), Re [1989] Ch. 32.

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Ian Gillan v HEC Enterprises Ltd (2017)

Judgment Date: 25 Jan 2017

The court refused an application by administrators for the court to review findings made in a previous hearing by reference to "without prejudice save as to costs" material.

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Buchanan v Metamorphosis Management Ltd & ors

Judgment Date: 25 Oct 2016

Although the late service of a defence was always a serious matter, a 15 day delay where the defendant was going through the turmoil of a creditor's voluntary liquidation did not require a sanction and an extension of time for service would be granted.

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1967 Ltd & Ors v British Sky Broadcasting & Ors (2014)

Judgment Date: 23 Oct 2014

The judgment of the European Court of Justice in Svensson v Retriever Sverige AB (C-466/12) [2014] Bus. L.R. 259 did not detract from the High Court's reasoning in earlier cases involving injunctions under the Copyright, Designs and Patents Act 1988 s.97A requiring internet service providers to impede customers' access to peer-to-peer file-sharing websites. Accordingly, the position was still that where United Kingdom users of a website uploaded content, there was communication of copyright works, the communication was to the public, and the act of communication took place in the UK.

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Acer Investment Management Ltd & Ors v Mansion Group Ltd (2014)

Judgment Date: 17 Sep 2014

In accordance with the express terms of an agency agreement, a company which distributed financial products to independent financial advisers was entitled to override commission at a rate of 0.2 per cent of the value of all business placed by a large distributor with an organisation engaged in setting up and selling property funds, the company having introduced the distributor to that organisation.

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Shepherd v Fox Williams LLP & Ors (2014)

Judgment Date: 16 Apr 2014

It was appropriate to grant an individual summary judgment in his claim for delivery up and/or destruction of certain documents that contained sensitive personal data and in respect of which he had not waived privilege.

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David Mensah (T/A 37 Days 3 Hours 9 Minutes) v Jeremy Darroch & 8 Ors (2014)

Judgment Date: 19 Mar 2014

A claim brought against broadcasting entities that a television show they had launched had been developed using a business proposal submitted to them by the claimant was struck out in its entirety where the claimant had failed to adduce any material facts on which allegations of dishonesty and conspiracy might be based. Accordingly, the claim had no real prospect of success.

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Amarjit Singh Banwaitt v Mohamed Dewji (2014)

Judgment Date: 06 Feb 2014

A judge had been entitled to order rescission of an agreement to invest in a failed scheme for the purchase of land in Cambodia on the basis that the investor had been induced to enter into the agreement by fraudulent misrepresentation.

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Members
Edmund Cullen QC

Practice areas
Commercial Disputes

Mark Forstater & Ors c Python (Monty) Pictures Ltd & Ors (2013)

Judgment Date: 29 Nov 2013

The court illustrated its approach to the determination of costs in a multi-party action raising multiple issues and sub-issues, in which all parties had been both winners and losers. Areas of focus included how to treat the costs of discontinuing a small strand of one issue; entitlement to recovery of a success fee as an "additional liability" under CPR r.44.3B when form N251 had not been served, and entitlement to payments on account and indemnity costs.

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Mohamed Dewji v Amarjit Singh Banwaitt (2013)

Judgment Date: 29 Nov 2013

An interim order made under the Insolvency Act 1986 s.252, imposing a moratorium on proceedings against a judgment debtor, where there was no petition for bankruptcy but there was an individual voluntary arrangement pending consideration could not be equated to the situation where a statutory scheme was already in place.

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