Performing Right Society in UK Law

Leading Cases
  • Performing Right Society Ltd v London Theatre of Varieties Ltd
    • House of Lords
    • 05 Nov 1923

    That an equitable owner may commence proceedings alone, and may obtain interim protection in the form of an interlocutory injunction, is not in doubt; but it was always the rule of the Court of Chancery, and is (I think) the rule of the Supreme Court that, in general, when a plaintiff has only an equitable right in the thing demanded, the person having the legal right to demand it must in due course be made a party to the action (Daniell's Chancery Practice, 7th ed., vol.

    It follows that when Messrs. Chappell and Messrs. Keith Prowse & Company respectively acquired the copyright in these songs, the equitable interest in the performing rights in respect of them vested in the Society as assignees from them. The Society became entitled to sue in respect of the interests so acquired, but their right to sue is subject to the general rule that the owner of the legal estate should be joined as a party.

    Except under very special circumstances the ordinary rule should be observed that the legal owner should be a party to the proceedings. But whatever may be the balance of convenience, the established rules of practice should be adhered to, even in cases, of which I think the present is one, when their observance in all probability will serve no useful purpose.

  • Standard Chartered Bank v Pakistan National Shipping Corporation and Others
    • House of Lords
    • 06 Nov 2002

    The incorporation of companies is vitally important for commerce since it allows transactions to be entered into and carried out, property to be held and actions to be raised by, or against, a body which continues in existence despite changes in the individuals who conduct or invest in the business. The company is a separate entity, distinct from the directors, employees and shareholders.

  • Central Insurance Company Ltd v Seacalf Shipping Corporation (Aiolos)
    • Court of Appeal (Civil Division)
    • 17 Feb 1983

    That there is a long-standing practice that, before giving judgment in an action at the suit of an equitable assignee, the court will normally require him to bring his assignor before the court is beyond doubt. The concept behind the rule is that the debtor should not be put in double jeopardy.

  • Roberts v Gill & Company and Another
    • Supreme Court
    • 19 May 2010

    The Committee identified (para 5.20) these cases, among others, in which a new party should be capable of being added by way of amendment after the limitation period: (1) where the plaintiff was beneficially entitled in equity, and the person with the legal title was a necessary party to the action, for example, the equitable assignee of a chose in action, who could not sue without joining the legal assignor: Performing Right Society Ltd v London Theatre of Varieties Ltd [1924] AC 1; (2) the cestui que trust, who could not enforce a right of action against a stranger to the trust without joining the trustee: Harmer v Armstrong [1934] Ch 65; (3) where the plaintiff was a shareholder suing to enforce a right vested in the company and the company was a necessary party to the action: Spokes v Grosvenor and West End Railway Terminus Hotel Co Ltd [1897] 2 QB 124, 128; cf Wallersteiner v Moir (No 2) [1975] QB 373.

  • Three Rivers District Council v Bank of England (No. 1)
    • Court of Appeal (Civil Division)
    • 23 Nov 1994

    These authorities, in my judgment, clearly establish that the equitable assignee can be regarded realistically as the person entitled to the assigned chose and is able to sue the debtor on that chose, but that save in special circumstances the Court will require him to join the assignor as a procedural requirement so that the assignor might be bound and the debtor protected. If, unusually, the assignor sues, he will not be allowed to maintain the action in the absence of the assignee.

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Legislation
  • Higher Education and Research Act 2017
    • England & Wales
    • 1 de Enero de 2017
    ...... . (1) In performing its functions, the OfS must have regard to— . ... (b) (b) rights of appeal, . (c) (c) the recovery of the penalty ... in industry or another sector of society. . (5) Where the order authorises the provider ......
  • Care Act 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ...... . (i) the individual's contribution to society. . (3) In exercising a function under this ... that any restriction on the individual's rights or freedom of action that is involved in the ... . (2) In performing that duty, a local authority must have regard ......
  • Copyright, Designs and Patents Act 1988
    • UK Non-devolved
    • 1 de Enero de 1988
    ......; to make fresh provision as to the rights of performers and others in performances; to ...candidate in performing the work. . (5) Where a copy which would ... of sound recordings for purposes of club, society, &c. 67 Playing of sound recordings for purposes ......
  • Children Act 2004
    • UK Non-devolved
    • 1 de Enero de 2004
    ...... . (d) the contribution made by them to society;. . . (e) social and economic well-being. . ... to the United Nations Convention on the Rights of the. Child. . (12) In subsection (11) the ... have effect as if the Assembly, in performing its functions. under sections 35 and 36, were a ......
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Books & Journal Articles
  • Legislation
    • Núm. 19-2, Marzo 1956
    • The Modern Law Review
    ...... directed towards enhancing the rights and protection of authors, without ... greater detail below) whereby a Performing Right Tribunal is established and clothed ... In the next year a collecting society called . MAUCH 196G LEGISLATION 191 ......
  • Trade Unions in Disguise
    • Núm. 27-6, Noviembre 1964
    • The Modern Law Review
    ...... The rules of the society applying must provide some guide as to ... reached in the case of the Performing Right Society. Its object was to ......
  • Popular Music and Copyright Law in the Sixties
    • Núm. 40-4, Noviembre 2013
    • Journal of Law and Society
    Copyright and its relationship with popular music is one of the most disputed issues amongst music and copyright scholars. While some have accused copyright of being blind (or deaf) to the particul...
    ...... JOURNAL OF LAW AND SOCIETY VOLUME 40, NUMBER 4, NOVEMBER 2013 ISSN: ... and 1964 Syrett & Sons represented the Performing Rights Society (PRS) in the hearings before the ......
  • REPORTS OF COMMITTEES
    • Núm. 40-6, Noviembre 1977
    • The Modern Law Review
    ...... start by defining copyright as a right subsisting in relation to all original ... because it appears that the Performing Right Society argues that an arranger ......
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Law Firm Commentaries
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