Straw & Anor v Jennings & Ors

Straw & Anor v Jennings & Ors

The claimants are entitled to payment of their share of distribution profits as calculated in the April 2005 Account, subject to adjustments for inadmissible deductions (management charges, Asian/Irish sales, capital expenditures on Redlands/Annandale, and depreciation). There is no implied term requiring sharing of losses. The claim is not time-barred except for a minor portion of the JV profit share claim. The defendants' copyright counterclaim fails except for the track notes of 'American Tune', but no account will be ordered due to de minimis value.

Parties
Claimant: Bill Straw; Claimant: Blix Street Records Inc.; Defendant: Graeme Martin Jennings; Defendant: Beyond The Sea Limited; Defendant: Beyond The Sea Pty Limited; Defendant: Didgeridoo Records Pty Limited
Jurisdiction
England and Wales
Judgment Date
01 November 2013
Procedural Posture
Commercial/civil Dispute / High Court Trial Judgment
Outcome
Claim allowed in part; counterclaim dismissed except for de minimis copyright claim; orders for payment with directions for further adjustment if necessary.
Legal Topics
Joint Venture Accounting, Implied Terms, Profit Sharing, Copyright Infringement, Limitation of Actions
Contract Law Copyright Law Commercial Law Joint Venture Accounting Implied Terms Profit Sharing Copyright Infringement Limitation of Actions

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Parties

Bill Straw

Claimant

Blix Street Records Inc.

Claimant

Graeme Martin Jennings

Defendant

Beyond The Sea Limited

Defendant

Beyond The Sea Pty Limited

Defendant

Didgeridoo Records Pty Limited

Defendant

Procedural Posture

Commercial/civil Dispute / High Court Trial Judgment

Legal Issues

  1. 1 Whether the claimants are entitled to payment of a share of distribution profits under an oral joint venture/distribution agreement; whether losses are to be shared; the correct methodology for calculating distribution profit; whether the claim is time-barred; whether the defendants have copyright in certain works and are entitled to relief for alleged infringement.

Ratio Decidendi

The claimants are entitled to payment of their share of distribution profits as calculated in the April 2005 Account, subject to adjustments for inadmissible deductions (management charges, Asian/Irish sales, capital expenditures on Redlands/Annandale, and depreciation). There is no implied term requiring sharing of losses. The claim is not time-barred except for a minor portion of the JV profit share claim. The defendants' copyright counterclaim fails except for the track notes of 'American Tune', but no account will be ordered due to de minimis value.

Court Disposition

Claim allowed in part; counterclaim dismissed except for de minimis copyright claim; orders for payment with directions for further adjustment if necessary.

Orders

  • Defendants to pay claimants £758,127 (subject to adjustments for inadmissible deductions and capital expenditures on Redlands/Annandale and depreciation, if any).
  • Defendants to pay claimants £158,913.44 for JV profit share (balance of claim time-barred).