Anglia Television Ltd v Reed
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE MEGAW,LORD JUSTICE PHILLIMORE |
| Judgment Date | 29 July 1971 |
| Judgment citation (vLex) | [1971] EWCA Civ J0729-1 |
| Court | Court of Appeal (Civil Division) |
| Date | 29 July 1971 |
[1971] EWCA Civ J0729-1
The Mastsr of The Rolls
(Lord Denning),
Lord Justice Phillimore and
Lord Justice Megaw.
In The Supreme Court of Judicature
Court of Appeal
Appeal by defendant from judgment of Master Elton given on assessment of damages pursuant to Order 37 rule 1 on 8th March,1971
Mr. ANDREW BATESON, Q.C., and Mr. DESMOND BROWNE (instructed by Messrs, Crawley & de Reya) appeared on behalf of the Respondent Plaintiff.
Mr. GERALD BUTLER (instructed by Messrs, Richards, Butler & Co.) appeared on behalf of the Appellant Defendant.
THE MASTES of THE ROLLS: We need not trouble you, Mr. Bateson.
The Anglia Television Ltd. were minded in 1968 to make a film of a play for television entitled "The Man in the Wood", It portrayed an American married to an English woman. The American has an adventure in an English wood. The film was to last for 90 minutes Anglia Television made many arrangements in advance. They arranged for a place where the play was to be filmed. They employed a director, a designer and a stage manager, and so forth. They involved themselves in much expense. All this was done before they got the leading man. They required a strong actor capable of holding the play together. He was to be on the scene the whole time. Anglia Television eventually found the man. He was Mr. Robert Reed, an American who has a very high reputation as an actor. He was very suitable for this part. By telephone conversation on She 30th August of 1968 it was agreed by Mr. Reed through his agent that he would come to England and be available between September 9th and October 11th 1968 to rehearse and play in this film. He was to get a performance fee of £1,050, living expenses of £100 a week, his first class fares to and from the United States, and so forth. It was all subject to the permit of the Ministry of Labour for him to come here. That was duly given on the 2nd September 1968. So the contract was concluded. But unfortunately there was some muddle with the bookings. It appears that Mr. Reed's agents had already booked him in America for some other play. So on the 3rd September 1968 the agent said that Mr. Reed would not come to England to perform in this play. He repudiated his contract. The Anglia Television tried hard to find a substitute but could not do so. So on the 11th September they accepted his repudiation. They abandoned theproposed film. They gave notice to the people whom they had engaged and so forth.
Anglia Television then sued Mr. Reed for damages. He did not dispute his liability, but a question arose as to the damages. Anglia Television do not claim their profit. They cannot say what their profit would have been on this contract if Mr. Reed had come here and performed it. So, instead of claim for loss of profits, they claim for the wasted expenditure. They had incurred the director's fees' the designer's fees, the stage manager's and assistant manager's fees, and so on. It comes in all to £2.750. Anglia Television say that all that money was wasted because Mr. Reed did not perform his contract.
Mr. Reed's advisers take a point of law. They submit that Anglia Television cannot recover for expenditure incurred before the contract was concluded with Mr. Reed. They can only recover the expenditure after the contract was concluded. They say that the expenditure after the contract was only £854.65, and that is all that Anglia Television can recover.
The Master rejected...
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C. & P. Haulage v Middleton
...17 The case which was at the forefront of Mr. Keogh's submissions before the learned judge and before us as well is that of Anglia Television Ltd. v. Reed (1972) 1 Queen's Bench 60. There the defendant, a well known actor, contracted with the plaintiffs, Anglia Television Ltd., to play the ......
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...shop business even if there had been no wrongful eviction. 24 In her submission on wasted expenditure, Miss d'Arcy relies on Anglia Television Ltd v Reed [1972] 1 QB 60, where this court ordered a contract-breaker to repay pre-contractual expenditure incurred on the faith of performance of ......
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Damages
...basis that the pre-contractual expenditures were incurred not in reliance on the defendant’s promise to perform but in the hope that 73 [1972] 1 QB 60 (CA) [ Anglia Television ]. THE LAW OF CONTR ACTS 994 an agreement with the defendant or some equivalent person would be achieved in timely ......
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Table of cases
...67 ............................................................................................ 67 Anglia Television Ltd v Reed (1971), [1972] 1 QB 60, [1971] 3 All ER 690, [1971] 3 WLR 528 (CA) ...................................51, 52, 53, 54, 55, 57, 58, 366 Ansari v British Columbia Hyd......
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...any loss of profits — or if he cannot prove what his profits would 108 PreMD Inc v Ogilvy Renault LLP , 2013 ONCA 412 [ PreMD Inc ]. 109 [1972] 1 QB 60 (CA) [ Anglia Television ]. See also CCC Films (London) Ltd v Impact Quadrant Films Ltd , [1984] 3 All ER 298 (QBD) [ CCC Films ]. R EMEDIE......
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Contract Law
...British ‘Rema’ Manufacturing Co[1954] 1 QB 292 at 303, per Evershed MR, and at 308, per Jenkins LJ, as well as in Anglia Television v Reed[1972] 1 QB 60 at 64, per Lord Denning MR. Indeed, our own Court of Appeal has also said that ‘a plaintiff cannot claim wasted expenditure and loss of pr......