Green v White Lantern Film (Britannica) Ltd & Anor [2023] EWHC 930 (Ch) (28 April 2023)

Green v White Lantern Film (Britannica) Ltd & Anor [2023] EWHC 930 (Ch) (28 April 2023)

The court found that Eva Green did not renounce or repudiate the Artist Agreement on 22 September 2019. The evidence, including contemporaneous audio recordings, did not support the Defendants' case that she unequivocally withdrew her services or agreed to return the fee. The Defendants' witnesses were found to have given false or unreliable evidence on this central issue. The breakdown of the film production was due to the Defendants' failure to secure long-term finance and their insistence on production terms unacceptable to Ms Green, but she did not refuse to perform if required. The tort claims of conspiracy, deceit, and unlawful interference were not made out as there was no...

Citation
[2023] EWHC 930 (Ch)
Parties
Claimant/defendant to Counterclaim and Additional Claim: Eva Green; Defendant/counterclaimant: White Lantern Film (Britannica) Ltd; Additional Claimant: SMC Speciality Finance LLC
Jurisdiction
England and Wales
Judgment Date
28 April 2023
Procedural Posture
High Court Civil Claim (business and Property Courts, Chancery Division) / Judgment After Full Trial
Outcome
Claim allowed; counterclaim and additional claims dismissed
Legal Topics
Renunciation of Contract, Repudiatory Breach, Pay or Play Agreements, Unlawful Means Conspiracy, Deceit, Unlawful Interference With Economic Interests
Contract Law Tort Law Entertainment Law Renunciation of Contract Repudiatory Breach Pay or Play Agreements Unlawful Means Conspiracy Deceit +1 more

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Parties

Eva Green

Claimant/defendant to Counterclaim and Additional Claim

White Lantern Film (Britannica) Ltd

Defendant/counterclaimant

SMC Speciality Finance LLC

Additional Claimant

Procedural Posture

High Court Civil Claim (business and Property Courts, Chancery Division) / Judgment After Full Trial

Legal Issues

  1. 1 Whether Eva Green renounced the Artist Agreement on 22 September 2019
  2. 2 Whether Eva Green was in repudiatory breach of the Artist Agreement
  3. 3 Whether Eva Green is entitled to the $1 million fee under the Artist Agreement

Ratio Decidendi

The court found that Eva Green did not renounce or repudiate the Artist Agreement on 22 September 2019. The evidence, including contemporaneous audio recordings, did not support the Defendants' case that she unequivocally withdrew her services or agreed to return the fee. The Defendants' witnesses were found to have given false or unreliable evidence on this central issue. The breakdown of the film production was due to the Defendants' failure to secure long-term finance and their insistence on production terms unacceptable to Ms Green, but she did not refuse to perform if required. The tort claims of conspiracy, deceit, and unlawful interference were not made out as there was no...

Court Disposition

Claim allowed; counterclaim and additional claims dismissed

Orders

  • Eva Green is entitled to the $1 million fee under the Artist Agreement.
  • Defendants' counterclaim and additional tort claims are dismissed.