Forstater & Anor v Python (Monty) Pictures Ltd & Anor

Forstater & Anor v Python (Monty) Pictures Ltd & Anor

There was sufficient convincing evidence that the parties intended Mr Forstater to receive a 1/7th share of the Top Half merchandising profits, and the MF Agreement should be rectified to reflect this. The assignment of rights to MFPL was effective. The claim against NFTC (Freeway Cam (UK) Ltd) for breach of duty regarding FSM remuneration failed as the trustee acted reasonably and commercially.

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
Civil / Judgment
Outcome
Claim for rectification of MF Agreement granted; claim against Freeway Cam (UK) Ltd dismissed.
Legal Topics
Rectification of Contracts, Interpretation of Contracts, Assignment of Contractual Rights, Breach of Fiduciary Duty, Implied Terms, Film Production Agreements, Profit Participation, Trustee Duties
Contract Law Trust Law Rectification of Contracts Interpretation of Contracts Assignment of Contractual Rights Breach of Fiduciary Duty Implied Terms Film Production Agreements +2 more

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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

Civil / Judgment

Legal Issues

  1. 1 Proper construction of the MF Agreement regarding merchandising and spin-off income
  2. 2 Rectification of the MF Agreement to reflect alleged common intention
  3. 3 Assignment of rights under the MF Agreement

Ratio Decidendi

There was sufficient convincing evidence that the parties intended Mr Forstater to receive a 1/7th share of the Top Half merchandising profits, and the MF Agreement should be rectified to reflect this. The assignment of rights to MFPL was effective. The claim against NFTC (Freeway Cam (UK) Ltd) for breach of duty regarding FSM remuneration failed as the trustee acted reasonably and commercially.

Court Disposition

Claim for rectification of MF Agreement granted; claim against Freeway Cam (UK) Ltd dismissed.

Orders

  • MF Agreement to be rectified to entitle MFPL to a 1/7th share of the Top Half merchandising profits.
  • Relief in respect of MF Agreement granted to MFPL.