Independiente Ltd & Ors v Music Trading Online (HK) Ltd [2007] EWCA Civ 111 (26 January 2007)

Independiente Ltd & Ors v Music Trading Online (HK) Ltd [2007] EWCA Civ 111 (26 January 2007)

On the true construction of the settlement agreement, the appellant was contractually bound to the respondent not to do the acts which would breach the undertakings given to the court. The undertakings are actionable as breaches of contract as well as contempt.

Citation
[2007] EWCA Civ 111
Parties
Claimants/respondents: Independiente Ltd & Ors; Defendant/appellant: Music Trading Online (HK) Limited
Jurisdiction
England and Wales
Judgment Date
26 January 2007
Procedural Posture
Civil Appeal / Appeal From Preliminary Issue Ruling in Chancery Division
Outcome
appeal dismissed
Legal Topics
Implied Terms, Settlement Agreements, Copyright Infringement, Parallel Imports, Undertakings to Court
Contract Law Intellectual Property Implied Terms Settlement Agreements Copyright Infringement Parallel Imports Undertakings to Court

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Parties

Independiente Ltd & Ors

Claimants/respondents

Music Trading Online (HK) Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Preliminary Issue Ruling in Chancery Division

Legal Issues

  1. 1 Are breaches of undertakings given to the court under a settlement agreement actionable as breaches of contract by the claimants?
  2. 2 Should a term be implied in the settlement agreement that undertakings to the court are also undertakings to the claimants?

Ratio Decidendi

On the true construction of the settlement agreement, the appellant was contractually bound to the respondent not to do the acts which would breach the undertakings given to the court. The undertakings are actionable as breaches of contract as well as contempt.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.