Radford & Anor v Frade & Ors [2014] EWHC 2602 (QB) (28 July 2014)

Radford & Anor v Frade & Ors [2014] EWHC 2602 (QB) (28 July 2014)

The Master was entitled to grant summary judgment and refuse the late amendment because the Claimants lacked standing, the agreements precluded the claims advanced, and the proposed amendments were futile and raised too late. The costs order and interim payment were justified in light of the litigation history and the absence of any realistic prospect of a lower assessment.

Citation
[2014] EWHC 2602
Parties
Claimant: Michael Radford; Claimant: The Michael Radford Partnership (A Firm); Defendant: Alejandra Frade; Defendant: Bruce St Clair; Defendant: Jose Frade; Defendant: Gheko Films SL; Defendant: Gheko Sur; Defendant: Workhorse Entertainment Limited; Defendant: Integral Films GmbH; Defendant: Subotica Limited; Defendant: Valentina Film Productions Limited
Jurisdiction
England and Wales
Judgment Date
28 July 2014
Procedural Posture
Civil Appeal (application for Permission to Appeal) / Application for Permission to Appeal Against Summary Judgment and Costs Order
Outcome
Permission to appeal refused
Legal Topics
Summary Judgment, Amendment of Pleadings, Jurisdiction, Costs, Assignment and Waiver of Rights, Entire Agreement Clauses, Implied Terms, Moral Rights
Civil Procedure Contract Law Intellectual Property Summary Judgment Amendment of Pleadings Jurisdiction Costs Assignment and Waiver of Rights +3 more

Case Brief

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Parties

Michael Radford

Claimant

The Michael Radford Partnership (A Firm)

Claimant

Alejandra Frade

Defendant

Bruce St Clair

Defendant

Jose Frade

Defendant

Gheko Films SL

Defendant

Gheko Sur

Defendant

Workhorse Entertainment Limited

Defendant

Integral Films GmbH

Defendant

Subotica Limited

Defendant

Valentina Film Productions Limited

Defendant

Procedural Posture

Civil Appeal (application for Permission to Appeal) / Application for Permission to Appeal Against Summary Judgment and Costs Order

Legal Issues

  1. 1 Whether the Master erred in granting summary judgment to the Fourth and Fifth Defendants
  2. 2 Whether the Master erred in refusing permission to amend the claim to introduce new causes of action
  3. 3 Whether the Master erred in his costs order and interim payment direction

Ratio Decidendi

The Master was entitled to grant summary judgment and refuse the late amendment because the Claimants lacked standing, the agreements precluded the claims advanced, and the proposed amendments were futile and raised too late. The costs order and interim payment were justified in light of the litigation history and the absence of any realistic prospect of a lower assessment.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal against summary judgment and costs order is refused
  • Costs order and interim payment of £120,000 upheld