Quick Draw LP v Global Live Events LLP & Ors [2012] EWHC 2105 (Ch) (30 July 2012)

Quick Draw LP v Global Live Events LLP & Ors [2012] EWHC 2105 (Ch) (30 July 2012)

Quick Draw is entitled to enforce its security over all concert assets and rights, including intellectual property, as provided in the Loan Agreement and Debenture. The BEP Refund constituted repayment revenues and should have been remitted to Quick Draw. The defendants' arguments regarding retention of rights and consent to use funds are rejected. The counterclaim for malicious falsehood fails.

Citation
[2012] EWHC 2105 (Ch)
Parties
Claimant: Quick Draw LP; First Defendant: Global Live Events LLP; Second Defendant: Christopher Hunt; Third Defendant: Michael Henry; Fourth Defendant: Iambic Media Limited
Jurisdiction
England and Wales
Judgment Date
30 July 2012
Procedural Posture
Intellectual Property/commercial / Final Judgment After Trial
Outcome
Claim allowed; counterclaim dismissed
Legal Topics
Copyright Ownership, Loan Security, Breach of Contract, Deceit, Malicious Falsehood, Assignment of Rights
Intellectual Property Contract Commercial Tort Copyright Ownership Loan Security Breach of Contract Deceit +2 more

Case Brief

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Parties

Quick Draw LP

Claimant

Global Live Events LLP

First Defendant

Christopher Hunt

Second Defendant

Michael Henry

Third Defendant

Iambic Media Limited

Fourth Defendant

Procedural Posture

Intellectual Property/commercial / Final Judgment After Trial

Legal Issues

  1. 1 Ownership of copyright and intellectual property rights in concert recordings
  2. 2 Validity and enforceability of loan security and assignment
  3. 3 Whether defendants procured breach of contract or acted in deceit

Ratio Decidendi

Quick Draw is entitled to enforce its security over all concert assets and rights, including intellectual property, as provided in the Loan Agreement and Debenture. The BEP Refund constituted repayment revenues and should have been remitted to Quick Draw. The defendants' arguments regarding retention of rights and consent to use funds are rejected. The counterclaim for malicious falsehood fails.

Court Disposition

Claim allowed; counterclaim dismissed

Orders

  • Quick Draw's security over concert assets and rights is enforced
  • Defendants restrained from dealing with concert film and sound recordings