McPhail & Anor v Bourne & Anor

McPhail & Anor v Bourne & Anor

The court found no binding songwriting or partnership agreement existed between the parties, either express or implied. The settlement agreement of 22 March 2002 was not procured by undue influence, misrepresentation, or non-disclosure, and remains binding. The claimants are not entitled to set aside the settlement agreement, nor to declarations of partnership, copyright, or an account of profits.

Parties
Claimant: Kiley McPhail (aka Kiley Fitzgerald); Claimant: Owen Doyle; Defendant: James Bourne; Defendant: Mathew Sargeant
Jurisdiction
England and Wales
Judgment Date
06 June 2008
Procedural Posture
Civil / Judgment
Outcome
Claim dismissed
Legal Topics
Partnership Formation, Copyright Ownership, Songwriting Agreements, Undue Influence, Misrepresentation, Fiduciary Duties, Rescission of Contract
Contract Law Partnership Law Copyright Law Equity Partnership Formation Copyright Ownership Songwriting Agreements Undue Influence +3 more

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Parties

Kiley McPhail (aka Kiley Fitzgerald)

Claimant

Owen Doyle

Claimant

James Bourne

Defendant

Mathew Sargeant

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether a binding songwriting or copyright agreement existed between the parties
  2. 2 Whether a partnership existed between the parties
  3. 3 Whether the settlement agreement of 22 March 2002 should be set aside for undue influence, misrepresentation, or non-disclosure

Ratio Decidendi

The court found no binding songwriting or partnership agreement existed between the parties, either express or implied. The settlement agreement of 22 March 2002 was not procured by undue influence, misrepresentation, or non-disclosure, and remains binding. The claimants are not entitled to set aside the settlement agreement, nor to declarations of partnership, copyright, or an account of profits.

Court Disposition

Claim dismissed