Month: May 2004

Rolled up holiday pay: Recent Court of Appeal decision

In a welcome decision* for film and television production companies, the Court of Appeal has upheld the Employment Appeal Tribunal’s decision in Marshalls Clay Products Limited v Caulfield.  In that case, the court analysed the legality of contracts which seek to “roll up” holiday pay (ie having workers’ agreed rates of pay include an element of …   Read more

Established prior restraint principles applied in novel breach of confidence action: Tillery Valley Foods v Channel 4 Television and Shine Ltd

In a judgment handed down on 11 May by Mr Justice Mann, the High Court rejected an application, unless certain conditions were met, to restrain broadcast of a Despatchesprogramme made by Shine Ltd for Channel 4.   The claimant, Tillery Valley Foods, sold chilled frozen meats to the healthcare and public sector markets. The programme was …   Read more

Naomi Campbell triumphs in privacy battle

By a majority of three to two, the House of Lords has reversed the decision of the Court of Appeal (as reported in our early warning of October 2002) and reinstated the judgment of Mr Justice Morland in the High Court (see our early warning of March 2002). The action arose from a report by …   Read more

Distribution agreements

The problems surrounding 3MV’s insolvency have brought to a head the sometimes thorny issue of ownership of stock. These problems should prompt every independent label to look at their own distribution agreement. A number of independent record companies distributed by 3MV may rue the day they did not pay more attention to the clause in …   Read more