Medcalf v Mardell & Ors [2000] EWCA Civ 63 (2 March 2000)

Medcalf v Mardell & Ors [2000] EWCA Civ 63 (2 March 2000)

The court upheld the finding that a partnership existed between Medcalf, Mardell, and Kemp from May 1987 for the joint development and exploitation of the Big Break game show, with copyright and intellectual property rights as partnership assets. TMO and Mardell were accountable to Medcalf for partnership profits, and costs from the Scally action were not deductible. The judge's discretion in allowing late amendments to pleadings was not plainly wrong and could not be interfered with.

Citation
[2000] EWCA Civ 63
Parties
Claimant: Roger Medcalf; First Defendant: Terry Mardell; Second Defendant: Mike Kemp; Fourth Defendant: Terry Mardell Organisation Ltd. (TMO); Third Defendant: BBC
Jurisdiction
England and Wales
Judgment Date
02 March 2000
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed; original orders upheld
Legal Topics
Partnership Formation, Copyright Ownership, Breach of Confidence, Amendment of Pleadings, Costs Orders
Partnership Law Intellectual Property Law Contract Law Partnership Formation Copyright Ownership Breach of Confidence Amendment of Pleadings Costs Orders

Case Brief

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Parties

Roger Medcalf

Claimant

Terry Mardell

First Defendant

Mike Kemp

Second Defendant

Terry Mardell Organisation Ltd. (TMO)

Fourth Defendant

BBC

Third Defendant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether a partnership existed between Medcalf, Mardell, and Kemp for the development and exploitation of the Big Break game show
  2. 2 Whether copyright and other intellectual property rights in the game show format were partnership assets
  3. 3 Whether TMO and Mardell were accountable to Medcalf for partnership profits

Ratio Decidendi

The court upheld the finding that a partnership existed between Medcalf, Mardell, and Kemp from May 1987 for the joint development and exploitation of the Big Break game show, with copyright and intellectual property rights as partnership assets. TMO and Mardell were accountable to Medcalf for partnership profits, and costs from the Scally action were not deductible. The judge's discretion in allowing late amendments to pleadings was not plainly wrong and could not be interfered with.

Court Disposition

Appeal dismissed; original orders upheld

Orders

  • Partnership between Medcalf, Mardell, and Kemp declared to subsist
  • Partners are joint owners of copyright and intellectual property rights in the Big Break format