Alan Williams Entertainments Ltd & Anor v Hurd & Ors [2006] EWCA Civ 1637 (02 November 2006)

Alan Williams Entertainments Ltd & Anor v Hurd & Ors [2006] EWCA Civ 1637 (02 November 2006)

Clause 5 of the compromise agreement necessarily implied an obligation on each band to use reasonable endeavours to prevent third parties with whom they dealt from promoting their band as 'the Rubettes'; the defendants' website content infringed this obligation; the costs order was within the judge's discretion and based on a fair apportionment by time and significance of issues.

Citation
[2006] EWCA Civ 1637
Parties
Claimant/respondent: Alan Williams Entertainments Ltd; Claimant/respondent: Alan Williams; Defendant/appellant: William Hurd; Defendant/appellant: Alex Bines; Defendant/appellant: Paul Prewer (also known as Paul Da Vinci)
Jurisdiction
England and Wales
Judgment Date
02 November 2006
Procedural Posture
Civil Appeal / Appeal From Chancery Division, Post Judgment on Liability and Costs
Outcome
Appeal dismissed; permission to appeal refused on first and second grounds, dismissed on third.
Legal Topics
Implied Terms, Passing Off, Trade Mark Infringement, Costs Orders, Compromise Agreements
Contract Law Intellectual Property Civil Procedure Implied Terms Passing Off Trade Mark Infringement Costs Orders Compromise Agreements

Case Brief

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Parties

Alan Williams Entertainments Ltd

Claimant/respondent

Alan Williams

Claimant/respondent

William Hurd

Defendant/appellant

Alex Bines

Defendant/appellant

Paul Prewer (also known as Paul Da Vinci)

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Chancery Division, Post Judgment on Liability and Costs

Legal Issues

  1. 1 Whether clause 5 of the compromise agreement implied an obligation to use reasonable endeavours to prevent third parties from promoting bands as 'the Rubettes'
  2. 2 Whether the defendants' website content infringed clause 5 of the compromise agreement
  3. 3 Whether the costs order (defendants to pay 75% of claimants' costs) was wrong in principle

Ratio Decidendi

Clause 5 of the compromise agreement necessarily implied an obligation on each band to use reasonable endeavours to prevent third parties with whom they dealt from promoting their band as 'the Rubettes'; the defendants' website content infringed this obligation; the costs order was within the judge's discretion and based on a fair apportionment by time and significance of issues.

Court Disposition

Appeal dismissed; permission to appeal refused on first and second grounds, dismissed on third.

Orders

  • Defendants to pay 75% of claimants' costs of the action to date.
  • Unsuccessful appellant to pay costs of the appeal and application for permission to appeal, summarily assessed at £12,285, payable within 14 days.