Morse v Eaglemoss Publications Ltd

Morse v Eaglemoss Publications Ltd

The claimant was only entitled to a proportion of royalties in the strict sense, not to fixed payments received by the defendant. Picture costs were properly deducted from royalty payments. No rectification, fiduciary duty, misrepresentation, or collateral contract was established. No interest was awarded for late payment.

Parties
Claimant: Stanley Morse (as assignee of Brightstar Publishing Limited and Midsummer Books Limited); Defendant: Eaglemoss Publications Limited
Jurisdiction
England and Wales
Judgment Date
07 June 2013
Procedural Posture
Commercial / Judgment
Outcome
Claim dismissed except for entitlement to an account of picture costs.
Legal Topics
Breach of Contract, Rectification, Misrepresentation, Fiduciary Duty, Interest on Late Payment, Account of Profits
Contract Law Commercial Law Breach of Contract Rectification Misrepresentation Fiduciary Duty Interest on Late Payment Account of Profits

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Parties

Stanley Morse (as assignee of Brightstar Publishing Limited and Midsummer Books Limited)

Claimant

Eaglemoss Publications Limited

Defendant

Procedural Posture

Commercial / Judgment

Legal Issues

  1. 1 Whether fixed packaging costs paid by Reader’s Digest to the defendant are royalties or profits to be shared with the claimant
  2. 2 Whether the defendant was entitled to deduct picture costs from the royalty before payment to Bright Star
  3. 3 Whether any interest is owing to the claimant for late payment

Ratio Decidendi

The claimant was only entitled to a proportion of royalties in the strict sense, not to fixed payments received by the defendant. Picture costs were properly deducted from royalty payments. No rectification, fiduciary duty, misrepresentation, or collateral contract was established. No interest was awarded for late payment.

Court Disposition

Claim dismissed except for entitlement to an account of picture costs.

Orders

  • Claimant entitled to an account of sums expended on picture costs by the defendant.
  • All other claims dismissed.