Barrett v Universal-Island Records Ltd & Anor

Barrett v Universal-Island Records Ltd & Anor

The issues raised are too complex and factually disputed to be suitable for summary judgment or strike out. The 1994 Settlement Agreement does not bar claims brought by the estate of Carlton Barrett, who was not a party to the agreement or prior actions. The claims should proceed to trial.

Parties
Claimant: Aston Barrett; Claimant: Estate of Carlton Barrett; Defendant: Universal-Island Records Limited; Defendant: UMG Recordings Inc (sued as The Island Def Jam Music Group, a division of Universal Music Group Recordings Inc); Intervenor/defendant/part 20 Claimant: Marley Adult Beneficiaries
Jurisdiction
England and Wales
Judgment Date
28 March 2003
Procedural Posture
Civil / Interlocutory Application for Summary Judgment and Strike Out
Outcome
Defendants' applications for summary judgment and to strike out are dismissed. The action will proceed to trial.
Legal Topics
Summary Judgment, Strike Out, Abuse of Process, Res Judicata, Performers' Rights, Unjust Enrichment, Settlement Agreements
Contract Law Copyright Law Civil Procedure Summary Judgment Strike Out Abuse of Process Res Judicata Performers' Rights +2 more

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Parties

Aston Barrett

Claimant

Estate of Carlton Barrett

Claimant

Universal-Island Records Limited

Defendant

UMG Recordings Inc (sued as The Island Def Jam Music Group, a division of Universal Music Group Recordings Inc)

Defendant

Marley Adult Beneficiaries

Intervenor/defendant/part 20 Claimant

Procedural Posture

Civil / Interlocutory Application for Summary Judgment and Strike Out

Legal Issues

  1. 1 Whether the 1994 Settlement Agreement and prior litigation preclude Aston Barrett and the estate of Carlton Barrett from bringing the present claims
  2. 2 Whether the claimants have any contractual, copyright, performers' rights, or unjust enrichment claims against the defendants
  3. 3 Whether the claims should be struck out or summary judgment entered for the defendants

Ratio Decidendi

The issues raised are too complex and factually disputed to be suitable for summary judgment or strike out. The 1994 Settlement Agreement does not bar claims brought by the estate of Carlton Barrett, who was not a party to the agreement or prior actions. The claims should proceed to trial.

Court Disposition

Defendants' applications for summary judgment and to strike out are dismissed. The action will proceed to trial.

Orders

  • Marley Adult Beneficiaries permitted to be added as defendants and Part 20 claimants; consequential amendments to the counterclaim allowed.
  • No summary judgment or strike out granted.