Eva Green v White Lantern Film (Britannica) Ltd & Anor.
Eva Green did not, on 22 September 2019 or thereafter, evince a clear and unequivocal intention not to perform her obligations under the Artist Agreement. Reasonable persons in the position of White Lantern's directors would not have understood her to have renounced the contract. There was no acceptance of any alleged renunciation, nor any repudiatory breach. The Defendants' tort claims were dependent on establishing a renunciation, which was not proved. Eva Green is entitled to the contractual fee under the 'pay or play' clause.
- Parties
- Claimant/defendant to Counterclaim and Additional Claim: Eva Green; Defendant/counterclaimant/additional Claimant: White Lantern Film (Britannica) Ltd; Additional Claimant: SMC Speciality Finance LLC
- Jurisdiction
- England and Wales
- Judgment Date
- 11 September 2024
- Procedural Posture
- Civil (contractual and Tortious Claims) / Judgment After Full Trial
- Outcome
- Claim allowed; counterclaims and additional claims dismissed
- Legal Topics
- Renunciation of Contract, Repudiatory Breach, Pay or Play Clauses, Unlawful Means Conspiracy, Deceit, Unlawful Interference, Film Production Agreements
Case Brief
Summary, issues, holding and outcome
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Parties
Eva Green
Claimant/defendant to Counterclaim and Additional Claim
White Lantern Film (Britannica) Ltd
Defendant/counterclaimant/additional Claimant
SMC Speciality Finance LLC
Additional Claimant
Procedural Posture
Civil (contractual and Tortious Claims) / Judgment After Full Trial
Legal Issues
- 1 Whether Eva Green renounced her obligations under the Artist Agreement on 22 September 2019
- 2 Whether there was acceptance of any alleged renunciation by White Lantern
- 3 Whether Eva Green committed any repudiatory breach of the Artist Agreement
Ratio Decidendi
Eva Green did not, on 22 September 2019 or thereafter, evince a clear and unequivocal intention not to perform her obligations under the Artist Agreement. Reasonable persons in the position of White Lantern's directors would not have understood her to have renounced the contract. There was no acceptance of any alleged renunciation, nor any repudiatory breach. The Defendants' tort claims were dependent on establishing a renunciation, which was not proved. Eva Green is entitled to the contractual fee under the 'pay or play' clause.
Court Disposition
Claim allowed; counterclaims and additional claims dismissed
Orders
- Declaration that Eva Green is entitled to the contractual fee under the Artist Agreement
- All Defendants' counterclaims and additional claims in tort are dismissed
Full Case Text
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