Masquerade Music Ltd and Others v Bruce Springsteen: CA 10 Apr 2001

The respondent was a composer who sought to restrict the import of CDs containing his music into the UK. The appellants responded putting him to strict proof of his title. The title included assignments from a partnership to limited companies, but the original documents were no longer available. He sought to have admitted in evidence secondary evidence. The appellants submitted that before that secondary evidence could be admitted, the plaintiff should have shown that he had taken executed a diligent search for the document.
Held: At its highest, the best evidence rule was not an absolute rule. This is so particularly where the document was not in the possession of the party. It is now for the court to look at all the circumstances, and to admit secondary evidence accordingly.


Lord Justice Waller Lord Justice Laws And Lord Justice Jonathan Parker


[2001] EWCA Civ 5122, [2001] EWCA Civ 513




Copyright Act 1956 36(3)


England and Wales


CitedRegina v Wayte 1983
. .
CitedRegina v Governor of Pentonville Prison, Ex Parte Osman QBD 30-Mar-1988
The applicant had been committed to prison pending extradition proceedings brought by Hong Kong alleging substantial fraud. He challenged the committal on the grounds that since the allegations involved transmission of funds over international . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Contract, Evidence

Updated: 31 May 2022; Ref: scu.147508