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High Court dismisses a claim of negligence by a theatre production company owner against a solicitor instructed by him in 2007 to engage with a theatre and author to collaborate on a new adaptation of a play, on the grounds, inter alia, that no breach of duty was established by the plaintiff, and even assuming that false statements and alleged failures of the defendant were breaches of duty, it could not be said that they caused loss to the plaintiff.
Action alleging negligence and other unlawful conduct against a solicitor - second named defendant has agreed to answer any liability found against the first named defendant - plaintiff is involved in theatre - founder of a company limited by guarantee ("the Company") - plaintiff invited well known writer to work in collaboration with him on an adaption of a play - an unsigned agreement (“The authors contract”) bearing the date of 16th January, 2006, between the writer and the plaintiff appoints a writers’ agent, provides that the writers “agree to divide any and all payments due to the Authors under this agreement 50/50” and provides that “Both authors must agree in writing for any post Company-productions.” - the Company, with monies received from the Arts Council, then formally commissioned the plaintiff and the writer to co-write an adaptation of the play - the contract granted the Company an exclusive licence to produce and perform the play onstage in the English speaking world - theatre initially refused to perform play but then stated that they would - plaintiff concluded a contract with theatre without seeking the writers written consent and would not give him a copy of the written contract - plaintiff instructed the defendant to write to solicitors for the writer and the theatre -plaintiff has alleged that the defendant in various ways sought to interfere with the plaintiff’s attempts to retain solicitors to replace her - plaintiff's claim is dismissed.
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