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Edmund Cullen

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Edmund Cullen QC

Call 1990
Silk 2012

ecullen@maitlandchambers.com

Edmund’s practice covers a broad range of Chancery and commercial litigation/arbitration, including solicitors' and accountants' negligence, insolvency and company-related disputes, including claims for breach of directors' duties and minority shareholders' actions, breaches of warranty, the enforcement of guarantees and security, civil fraud and asset tracing/recovery.

He also specialises in media and entertainment work and related copyright and trade mark disputes, in particular in the music, film and broadcasting industries. He has particular expertise in Copyright Tribunal matters.

Edmund is recommended in Chambers UK Bar Guide for chancery: commercial and media and entertainment, in The Legal 500 for commercial litigation, media and entertainment, intellectual property and professional negligence and in Chambers Global for dispute resolution: commercial chancery.

The clerks are happy to discuss the basis on which Edmund will act in any given matter. In the absence of express written agreement otherwise, the terms under which Edmund accepts instructions are The Standard Contractual Terms for the Supply of Legal Services By Barristers to Authorised Persons 2012 (as updated from time to time) referred to in the BSB Handbook.

Selected Areas of Practice

Commercial Litigation/Arbitration

Advises and represents clients in all aspects of commercial litigation and arbitration, including contractual disputes, banking transactions, enforcement of security, warranty claims arising out of business acquisitions, jurisdiction issues, breach of confidence, commercial fraud and asset recovery.

Company law

Advises and represents shareholders, directors and companies in contentious work in relation to corporate governance and the rights and duties of shareholders and directors. Regularly involved in minority shareholders' litigation.

Intellectual property and media law

Advises and represents participants in all areas of the music industry, including artists, writers, managers, record companies and collecting societies. Has been instructed in disputes in relation to recordings of artists such as The Beatles, David Bowie, The Verve, The Smiths, Damon Albarn, Elvis Costello, Van Morrison, Tom Jones, Mis-Teeq, Elton John, Stereophonics, Kylie Minogue, Steve Winwood, Snow Patrol, Muse, Lily Allen, Sugababes, Placebo, Peggy Lee and Seal.

Also advises and represents broadcasters, programme makers, publishers, film producers, distributors, theatre producers, actors, agents, and others in contractual, licensing, copyright and ‘format’ rights disputes. He has particular experience in the field of online exploitation of rights.

In addition, he has extensive experience in the Copyright Tribunal and of passing off and trade mark claims.

Insolvency and restructuring

Acts generally in all areas of personal and corporate insolvency, including both the initiation of insolvency procedures and subsequent asset recovery, resolution of trust/equitable claims, etc.

Professional negligence

Represents claimants and defendants in professional negligence and related areas, in particular in relation to solicitors, accountants, valuers, etc.

Partnership

Deals with all aspects of partnership litigation, including valuation and accounting issues.

Sport

Advises on disciplinary and regulatory issues in sport and on related contractual and licensing disputes with broadcasters, agents, etc

Recent/notable cases include:

- Cartier International AG v British Telecommunications Plc [2018] UKSC 28; [2018] 1 WLR 3259 : [2018] ECDR 16 : [2018] Bus LR 1417 : [2018] EMLR 22 : [2018] ETMR 32 : [2018] ECC 29 : [2018] 4 All ER 373 : [2018] 6 WLUK 226 : [2018] RPC 11 : [2018] 2 All ER (Comm) 1057 : Times, June 21, 2018

- Instant Access Properties Ltd (In Liquidation) v Bradley John Rosser & 6 Ors : (1) Kevin Anthony Murphy (2) Howard Toone (As Joint Liquidators Of Instant Access Properties Ltd) V Bradley John Rosser & 6 Ors [2018] EWHC 756 (Ch) & [2018] EWHC 1145 (Ch);

- (1) Ian Gillan (2) Roger Glover (3) Ian Paice (4) Victoria Lord & Keith Glover (As Executors Of The Estate Of Jon Lord) v (1) Hec Enterprises Ltd (In Administration) (2) Deep Purple (Overseas) Ltd (3) Mark Supperstone (4) Simon Harris (Joint Administrators Of Hec Enterprises Ltd & Deep Purple (Overseas) Ltd) [2017] EWHC 461 and 462 (Ch); [2016] EWHC 3179 (Ch);  [2017] 1 BCLC 340

- Banner Universal Motion Pictures Ltd v Endemol Shine Group Ltd [2017] EWHC 2600 (Ch)

- 1967 Ltd v British Sky Broadcasting Ltd [2014] EWHC 3444 (Ch); [2015] ECC 3; [2015] EMLR 8

- Banwaitt v Dewji [2014] EWCA Civ 67

- Heath Sinclair (Applicant) V (1) Louis Glatt (2) Esther Glatt (Respondents) & Leslie Glatt (As Executor Of The Estate Of Chaja Glatt, Deceased) & 7 Ors (Interveners) [2017] 1 BCLC 100; [2013] BPIR 468; [2013] EWCA Civ 241 [2013] 1 WLR. 3602

- Forstater v Python (Monty) Pictures Ltd [2013] EWHC 1873 (Ch)

- Public Relations Consultants Association Ltd v Newspaper Licensing Agency Ltd [2013] UKSC 18

- EMI Records Ltd v British Sky Broadcasting Ltd [2013] EWHC 379 (Ch); [2013] Bus LR 884

- Dramatico Entertainment Ltd v British Sky Broadcasting Ltd [2012] EWHC 1152 (Ch) & [2012] EWHC 268 (Ch), [2012] RPC 27

- CSC Media Group Ltd (formerly Chart Show Channels Ltd) v Video Performance Ltd [2011] EWCA Civ 650

- Crosstown Music Co 1 LLC v Rive Droite Music Ltd [2010] EWCA Civ 1222; [2012] Ch. 68;

- Butters v BBC Worldwide [2009] EWCA Civ 1160, [2010] Ch 347

Memberships

Chancery Bar Association
COMBAR.

Qualifications

BA (Bristol)

CUK Global logo
Testimonials

Chambers UK

Chancery: Commercial
"A cool, calm advocate. You always want him on your side. He's very astute and good at helping the client see the bigger picture." "His advice is comprehensive, decisive and quickly delivered." (2020)
"A user-friendly silk who is an excellent communicator." (2019)
"Displays meticulous attention to detail coupled with an unflinching determination to get to the right result. He works exceptionally hard and provides tremendous value for money." (2018)
"He is a pleasure to deal with and gives first-rate advice." "He has a very nice manner and people trust him - both the court and his opponents." (2017)
"He is a very good all-round lawyer who enthusiastically gets stuck into the detail." (2015)
"An effective and excellent chancery barrister." (2014)
"Bright, easy to work with and user-friendly." (2013)
"Very intelligent and with a great eye for detail." "not afraid to put the difficult questions in cross-examination." (2012)
Media & Entertainment
"He's thorough, user-friendly and responsive." "He's down to earth, approachable and gives very sensible advice." (2020)
"He's extremely intelligent and a brilliant advocate." "He is exceptionally pragmatic, good with clients and a real team player. He knows what can and can't be achieved so he's very good at giving sensible and reasoned advice." (2019)
"Has a very analytical mind and is very precise; he's a valuable addition to any case." "He's exceptionally bright, provides sound commercial advice and is brilliant at cross-examination." (2018)
"He is one of the leading media silks at the Bar. He gives clear advice and is excellent at both cross-examination and in submissions to the judge." "His judgement, drafting and advocacy are all superb." (2017)
"Renowned for his work in contractual, licensing and copyright disputes." "Phenomenally good - he has great judgement and is so bright, easy to work with and good with clients." "He combines real fluency as an advocate with really good commercial nous." (2015)
"Has taken well to silk and is widely expected to further make the transition from having been one of the most sought-after juniors to being one of the best QCs for film, television and music work." "Absolutely fantastic in court, he's extremely detailed, well prepared, and excellent before the judge. I've witnessed him see off people of more seniority than himself in court." (2014)
"Thorough and extremely good advocate" who has for some time now exhibited great quality in his media practice.; "he is extremely personable and very thorough."; "he seamlessly and effectively covers a wide range of issues that crop up." (2013)
"A very bright, very effective advocate" who is "particularly good at written submissions." (2012)
"Rated as the star junior" "is a cut above the average junior." “an understated genius who packs a real punch." "to the point, unflappable, pragmatic and first-class in terms of his legal analysis.” “when he speaks, you listen.” (2011)
Commercial Dispute Resolution
"Shows meticulous attention to detail and has an unflinching determination to get to the right result. He works exceptionally hard and provides tremendous value for money." (2015)
"Sources are quick to highlight the skill that Cullen brings to his dispute resolution practice. He is well known for his impressive media and copyright expertise."  "Incredibly good. His extremely reliable cross-examination is a real strength for him." (2014)
"Extremely thorough"; is praised for his "meticulous analysis of skeleton arguments."; "steady, responsible and good with clients." (2013)
"Excellent on paper," he is also "fantastic on his feet" and "totally unflappable in court." (2012)
"Popular with solicitors" willingness to roll up his sleeves and take ownership of cases." "unflappable approach and fantastic written work." (2011)
Professional Negligence
"He's good at unpicking difficult cases." (2015)
"He's highly analytical. His work on papers is good and he is excellent with clients." (2014)
"Has a strength of character and quality of judgement that have caught the eye of the market. Interviewees also note his prowess as a tactician and the subtlety of his approach to difficult issues." (2013)
"Has been highly active in dealing with negligence cases in the media context" (2012)
“Very clever and easy to work with, and a good advocate, who is both reliable and sensible.” (2011)
Intellectual Property
"He's exceptionally bright and provides sound commercial advice." "He's brilliant at cross-examination" and "superb at drafting submissions." (2015)

Chambers Global

Dispute Resolution: Commercial Chancery
"A cool, calm advocate. You always want him on your side. He's very astute and good at helping the client see the bigger picture." "His advice is comprehensive, decisive and quickly delivered." (2020)
"Displays meticulous attention to detail coupled with an unflinching determination to get to the right result. He works exceptionally hard and provides tremendous value for money." (2018)
"He has a very nice, rather austere style, which I like. There is an authority and grandeur about him which plays well with the court." (2017)
"Is very intelligent and has a great eye for detail." (2012)

Legal 500

Professional Negligence
"He is user-friendly." (2020)
"Really gets into the detail." (2018/19)
"Very responsive." (2017)
"In-depth experience." (2016)
"Provides a Rolls-Royce service" "marshals his thoughts diligently to give easy-to-digest and practical advice in an understated fashion." (2012)
Commercial Litigation
"An excellent silk." (2020)
"Just brilliant to work with – really gets into the detail and is great with clients." (2018/19)
"Stellar, particularly on disputes relating to the music industry." (2017)
"Measured, reliable and a fantastic advocate." (2016)
Media & Entertainment
"He is exceptionally bright, responsive and approachable." (2020)
"He is brilliant to work with, really gets into the detail and is great with clients." (2018/19)
"A go-to silk for complex rights issues." (2017)
"He is the complete package and strong on contractual issues." (2016)
"He is phenomenally clever and always comes up with something others would miss." (2014)
"Attention to detail and clear drafting." (2013)
"Gives carefully considered advice." (2010)
"Never flustered" "superb advocacy and great powers of persuasion" (2008).”
Intellectual Property
"He is exceptional and combines his IP practice with commercial expertise." (2017)
"As an advocate, he is persuasive and calm under fire." (2016)