Source: All England Reporter
Publisher Citation: [2009] All ER (D) 171 (Jul)
Neutral Citation: [2009] EWHC 1751 (Comm)
Court: Queen's Bench Division, Commercial Court

Flaux J

Representation Andrew Sutcliffe QC and Alexia Knight (instructed by Fulbright & Jaworski International LLP) for the claimant.
  Charles Hollander QC and David Scannell (instructed by Eversheds) for the defendant.
Judgment Dates: 16 July 2009


Contract - Construction - Contractual term - Claimant television production company entering into agreements from 1990 to 1999 with defendant television production and broadcasting company - Agreements providing sum to be paid to claimant if programme repeated - Defendant repeating programme on digital terrestrial television, ITV2 - Claimant seeking payment from defendant in respect of repeat programmes - Defendant contending that claimant only entitled to royalties since repeat fee only payable if programme repeated on ITV1 - Whether claimant entitled to repeat fees under the agreements.

The Case

Contract Construction. Queen's Bench Division, Commercial Court: Where the parties had entered into three agreements regarding the transmission of television programmes on a terrestrial television, ITV, which provided for a fee to be paid to the claimant if the programme was to be repeated on that channel, the claimant was not entitled to a repeat fee since the repeat programmes had been transmitted on digital television channels ITV2 and ITV3 which had not been provided for in the agreement.

Practice Areas

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