The claimant was entitled to share in the copyright royalties of Bob Marley and the Wailers, and claimed payment from the defendants. The defendants said that the matters had already been settled and that the claim was an abuse of process, and also that there was an action estoppel.
Held: An English court should not give a foreign judgment greater preclusive effect in England than it would have it its home jurisdiction. It will always be relevant (and may be necessary) to inquire what would happen in the foreign jurisdiction if the claimant sought to re-open there the issues that he wishes to litigate in England. No cause of action estoppel arose. Having compromised the claim of partnership by the 1994 settlement agreement, it was an abuse of process for Aston Barrett to bring a further claim applying a different legal analysis to the same underlying facts.
Mr Justice Lewison
[2006] EWHC 1009 (Ch), [2006] EMLR 567
Bailii
England and Wales
Citing:
Cited – Hirachand Punamchand v Temple CA 1911
The defendant, a British army officer in India, had given a promissory note to the plaintiff moneylenders. Unable to pay, he suggested they apply to his father, Sir Richard Temple. In reply, Sir Richard Temple’s solicitors wrote saying they were . .
Cited – Heaton and Others v AXA Equity and Law Life Assurance Society plc and Another HL 25-Apr-2002
The claimant had settled one claim in full and final satisfaction against one party, but then sought further damages from the defendant, for issues related to a second but linked contract. The defendant claimed the benefit of the settlement.
Cited – Bank of Credit and Commerce International SA v Ali, Khan and others (No 1); BCCI v Ali HL 1-Mar-2001
Cere Needed Releasing Future Claims
A compromise agreement which appeared to claim to settle all outstanding claims between the employee and employer, did not prevent the employee later claiming for stigma losses where, at the time of the agreement, the circumstances which might lead . .
Cited – Carl Zeiss Stiftung v Rayner and Keeler Ltd (No 2) HL 1966
An agency had to be proved in a search to identify an entity which the law recognised (a) existed and (b) was legally responsible for the acts in issue in the proceedings. The House was asked whether the fact that an issue had already been . .
Cited – Snelling v John Snelling 1973
It can be an abuse of process for a party to bring proceedings on a cause against a defendant already released from liability for consideration. . .
Cited – Deepak Fertilisers and Petrochemical Corporation v Davy McKee (London) Ltd; ICI Chemicals and Polymers Ltd CA 12-Nov-1998
Deepak’s plant was built with know-how derived from ICI via one of ICI’s licensees, Davy. The contract between Davy and Deepak contained (it was assumed) a promise by Deepak to indemnify ICI. The plant was severely damaged by an explosion and Deepak . .
Cited – Colchester Borough Council v Smith and Others CA 18-Mar-1992
A tenant was bound by his tenancy agreement which accepted the good title of the Landlord, and he was not to be heard to assert a prior adverse possession claim against the Landlord. Public policy requires that settlements should be enforced. . .
Cited – Fulham Football Club Ltd v Cabra Estates plc CA 1994
Fulham, as lessees of Craven Cottage, agreed with CABRA, a developer, who had applied for planning permission to redevelop the ground, shortly before a public inquiry which had been set up to consider the planning application; and also a proposal by . .
Cited – Lancashire County Council v Municipal Mutual Insurance Ltd CA 3-Apr-1996
The defendant agreed to indemnify the insured ‘in respect of all sums which the insured shall become legally liable to pay as compensation arising out of’ various matters including wrongful arrest, malicious prosecution and false imprisonment. The . .
Cited – Morris v Wentworth-Stanley CA 4-Sep-1998
Two actions had been brought by a contractor against the partners in a farming partnership. Those actions were consolidated. One of the partners died and when the plaintiff found that out he discontinued his claims against the deceased partner and . .
Cited – Republic of India and Others v India Steamship Co Ltd; The Indian Endurance and The Indian Grace CA 1992
Munitions were consigned to Cochin on board the defendants’ vessel. A fire occurred, and part was jettisoned, the remainder being damaged. The cargo owners first claimed damages in India for short delivery under the bills of lading for the . .
Cited – MCC Proceeds Inc (Incorporated Under the Laws of the State of Delaware, USA As Trustee of the Maxwell Macmillan Realization Liquidating Trust) v Lehman Brothers International (Europe) CA 19-Dec-1997
The owner only of an equitable interest in goods may not assert his interest against a bona fide purchaser of the legal title to the goods. International Factors v. Rodriguez was decided per incuriam to the extent that it held that equitable rights . .
Cited – Hoystead v Commissioner of Taxation PC 1926
Lord Shaw: ‘In the opinion of their Lordships it is settled, first, that the admission of a fact fundamental to the decision arrived at cannot be withdrawn and a fresh litigation started, with a view of obtaining another judgment upon a different . .
Cited – Taylors Fashions Ltd v Liverpool Victoria Trustees Co Ltd ChD 1981
The fundamental principle that equity is concerned to prevent unconscionable conduct permeates all the elements of the doctrine of estoppel. In the light of the more recent cases, the principle ‘requires a very much broader approach which is . .
Cited – Blue Haven Enterprises Ltd v Tully and Another PC 21-Feb-2006
(Jamaica ) . .
See Also – Barrett v Universal-Island Records Ltd and Another ChD 28-Mar-2003
The claimants sought unpaid royalties. The defendants sought to have the claim struck out as an abuse of process.
Held: Such interlocutory applications alleging abuse of process should now be dealt with on the same footing as other . .
Cited – A and M Records Ltd v VCI 1995
Sir Mervyn Davies said: ‘However that may be, I am satisfied that Mr Ross was at all material times quite unaware of any activities of the plaintiffs being activities of a kind that he as owner of the copyright in the sound recordings could object . .
Cited by:
Cited – Fisher v Brooker and Another ChD 20-Dec-2006
The claimant said that he had contributed to the copyright in the song ‘A Whiter Shade of Pale’ but had been denied royalties. He had played the organ and particularly the organ solo which had contrbuted significantly to the fame of the record.
Cited – Brooker and Another v Fisher CA 4-Apr-2008
The claimant had asserted a joint authorship of the song ‘A Whiter Shade of Pale’ written in the sixties. The defendant appealed saying that the claim had been brought too late, and that the finding ignored practice in the music industry. The . .
Lists of cited by and citing cases may be incomplete.
Contract, Intellectual Property
Leading Case
Updated: 09 November 2021; Ref: scu.241686
