Active Media Services Inc v Burmester, Duncker & Joly GmbH & Co Kg & Ors

Active Media Services Inc v Burmester, Duncker & Joly GmbH & Co Kg & Ors

Active is barred from claiming reimbursement under clause 2.1(b) of the Completion Guarantee due to its election, estoppel, acquiescence, and waiver. Active knew of the failure to deliver the film by the contractual deadline, chose not to enforce its rights, and instead supported completion and exploitation of the film in 2018. The Guarantor Defendants relied on Active's conduct, and it would be inequitable to allow Active to resile from its position. The claim against DDI also fails as Active cannot establish loss or breach causation.

Parties
Claimant: Active Media Services Inc; First Defendant: Burmester, Duncker & Joly GmbH & Co KG; Second Defendant: AXA Versicherung AG; Third Defendant: European Film Bonds A/S; Fourth Defendant: Double Dutch International Inc
Jurisdiction
England and Wales
Judgment Date
09 February 2021
Procedural Posture
Commercial Claim / Final Judgment
Outcome
Claim dismissed
Legal Topics
Completion Guarantee, Waiver by Election, Estoppel by Convention, Acquiescence, Film Financing, Disclosure Obligations
Contract Law Estoppel Commercial Law Completion Guarantee Waiver by Election Estoppel by Convention Acquiescence Film Financing +1 more

Case Brief

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Parties

Active Media Services Inc

Claimant

Burmester, Duncker & Joly GmbH & Co KG

First Defendant

AXA Versicherung AG

Second Defendant

European Film Bonds A/S

Third Defendant

Double Dutch International Inc

Fourth Defendant

Procedural Posture

Commercial Claim / Final Judgment

Legal Issues

  1. 1 Whether Active Media Services Inc is entitled to reimbursement under clause 2.1(b) of the Completion Guarantee
  2. 2 Whether the Completion Guarantee was triggered by failure to deliver the film by the contractual deadline
  3. 3 Whether Active is barred by election, estoppel, acquiescence, or waiver from claiming under the Completion Guarantee

Ratio Decidendi

Active is barred from claiming reimbursement under clause 2.1(b) of the Completion Guarantee due to its election, estoppel, acquiescence, and waiver. Active knew of the failure to deliver the film by the contractual deadline, chose not to enforce its rights, and instead supported completion and exploitation of the film in 2018. The Guarantor Defendants relied on Active's conduct, and it would be inequitable to allow Active to resile from its position. The claim against DDI also fails as Active cannot establish loss or breach causation.

Court Disposition

Claim dismissed

Orders

  • Active’s claim against the Guarantor Defendants is dismissed.
  • Active’s alternative claim against DDI is dismissed.