Forstater & Anor v Python (Monty) Pictures Ltd & Anor [2013] EWHC 1873 (Ch) (05 July 2013)

Forstater & Anor v Python (Monty) Pictures Ltd & Anor [2013] EWHC 1873 (Ch) (05 July 2013)

The MF Agreement entitles Mr Forstater to 7.1429% of the Top Half merchandising and spin-off profits, not an equal share with each Python. There is insufficient evidence of a binding oral agreement or common intention to justify rectification. Mr Forstater's historical invoicing and payment for 1/7th share does not override the written contract. Assignment of profit share to MFPL included Top Half entitlement. No damages or equitable compensation are due for changes in sales agent commission as the contractual basis for such claim is not established.

Citation
[2013] EWHC 1873 (Ch)
Parties
Claimant: Mark Forstater; Claimant: Mark Forstater Productions Limited; Defendant: Python (Monty) Pictures Ltd; Defendant: Freeway Cam (UK) Ltd
Jurisdiction
England and Wales
Judgment Date
05 July 2013
Procedural Posture
Commercial Contract Dispute / Judgment After Trial
Outcome
Claim dismissed in part; declaration of entitlement to 7.1429% of Top Half profits; rectification claim refused; no damages or equitable compensation awarded.
Legal Topics
Interpretation of Contract Terms, Profit Participation, Assignment of Contractual Rights, Rectification, Film Merchandising and Spin Off Rights
Contract Law Intellectual Property Entertainment Law Interpretation of Contract Terms Profit Participation Assignment of Contractual Rights Rectification Film Merchandising and Spin Off Rights

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Parties

Mark Forstater

Claimant

Mark Forstater Productions Limited

Claimant

Python (Monty) Pictures Ltd

Defendant

Freeway Cam (UK) Ltd

Defendant

Procedural Posture

Commercial Contract Dispute / Judgment After Trial

Legal Issues

  1. 1 Proper construction of the MF Agreement regarding profit participation in merchandising and spin-off income
  2. 2 Whether MF Agreement should be rectified to reflect alleged oral agreement for equal share in Top Half
  3. 3 Entitlement to advance construction and rectification claims (assignment issue)

Ratio Decidendi

The MF Agreement entitles Mr Forstater to 7.1429% of the Top Half merchandising and spin-off profits, not an equal share with each Python. There is insufficient evidence of a binding oral agreement or common intention to justify rectification. Mr Forstater's historical invoicing and payment for 1/7th share does not override the written contract. Assignment of profit share to MFPL included Top Half entitlement. No damages or equitable compensation are due for changes in sales agent commission as the contractual basis for such claim is not established.

Court Disposition

Claim dismissed in part; declaration of entitlement to 7.1429% of Top Half profits; rectification claim refused; no damages or equitable compensation awarded.

Orders

  • Declaration that Mr Forstater is entitled to 7.1429% of Top Half merchandising and spin-off profits under the MF Agreement.
  • Rectification claim refused.