Recorded Picture Company Ltd v Alfama Films Production & Anor

Recorded Picture Company Ltd v Alfama Films Production & Anor

RPC breached clause 7.1.1 of the Deed by entering into the Tornasol Deed during Alfama's option term, disposing of and dealing with the Rights. However, the Producers never had a substantial chance, only a speculative chance, of making the Film with Mr Branco as producer, as Mr Gilliam was unlikely to accept Mr Branco's terms and Mr Branco was unlikely to raise sufficient finance. Therefore, no damages are awarded.

Parties
Claimant/part Defendant: Recorded Picture Company Limited; Defendant/part 20 Claimant: Alfama Films Production; Defendant/part 20 Claimant: Paulo Branco
Jurisdiction
England and Wales
Judgment Date
17 December 2020
Procedural Posture
Counterclaim / Trial Judgment
Outcome
Counterclaim dismissed
Legal Topics
Breach of Contract, Damages, Loss of a Chance, Film Production Agreements
Contract Law Breach of Contract Damages Loss of a Chance Film Production Agreements

Case Brief

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Parties

Recorded Picture Company Limited

Claimant/part Defendant

Alfama Films Production

Defendant/part 20 Claimant

Paulo Branco

Defendant/part 20 Claimant

Procedural Posture

Counterclaim / Trial Judgment

Legal Issues

  1. 1 Was RPC in breach of the Deed by negotiating with Tornasol and entering into the Tornasol Deed?
  2. 2 If so, would Mr Gilliam have settled his differences with Mr Branco sufficiently to make the Film with Mr Branco as producer?
  3. 3 If so, would Mr Branco have been able to raise the necessary finance for the Film?

Ratio Decidendi

RPC breached clause 7.1.1 of the Deed by entering into the Tornasol Deed during Alfama's option term, disposing of and dealing with the Rights. However, the Producers never had a substantial chance, only a speculative chance, of making the Film with Mr Branco as producer, as Mr Gilliam was unlikely to accept Mr Branco's terms and Mr Branco was unlikely to raise sufficient finance. Therefore, no damages are awarded.

Court Disposition

Counterclaim dismissed