Fitzhugh v Fitzhugh

Fitzhugh v Fitzhugh

The phrase 'the Licensor' in clause 4(b) of the licence means all the licensors as defined, including Anthony, and there is no basis or necessity to imply a different meaning or term; therefore, the notice given by Harry alone was invalid and the licence was not terminated.

Parties
Claimant/respondent: Harry Fitzhugh; Defendant/appellant: Anthony Fitzhugh
Jurisdiction
England and Wales
Judgment Date
01 June 2012
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Interpretation of Licence Agreements, Joint Ownership, Trusteeship, Termination of Licence
Contract Law Property Law Interpretation of Licence Agreements Joint Ownership Trusteeship Termination of Licence

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Parties

Harry Fitzhugh

Claimant/respondent

Anthony Fitzhugh

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether a notice to terminate a licence under clause 4(b) can be validly given by one licensor alone when both licensors are also licensees
  2. 2 Interpretation of the term 'the Licensor' in the context of joint licensors where one is also a licensee

Ratio Decidendi

The phrase 'the Licensor' in clause 4(b) of the licence means all the licensors as defined, including Anthony, and there is no basis or necessity to imply a different meaning or term; therefore, the notice given by Harry alone was invalid and the licence was not terminated.

Court Disposition

Appeal allowed

Orders

  • The first declaration in the High Court order is set aside.
  • A declaration is substituted that the licence has not terminated.