Anglia Television Ltd v Reed
| Jurisdiction | England & Wales |
| Court | Court of Appeal (Civil Division) |
| Judge | LORD JUSTICE MEGAW,LORD JUSTICE PHILLIMORE |
| Judgment Date | 29 July 1971 |
| Judgment citation (vLex) | [1971] EWCA Civ J0729-1 |
| 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 that contention: he held that Anglia Television could recover the whole £2,750; and now Mr. Reed appeals to...
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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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...provided it was reasonably in the contemplation of the parties as likely to be wasted if the contract were broken: see Anglia Television Limited v Reed [1972] 1 QB 60. In that case, Lord Denning MR said: “It seems to me that a plaintiff in such a case as this has an election: he can either ......
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Damages
...2016) ch 15. 33 C & P Haulage v Middleton [1983] 1 WLR 1461 (CA); CCC Films v Impact Quadrant Ltd [1985] QB 16 (Hutchison J). 34 [1972] 1 QB 60, 63 (CA). 28.44 28.45 28.46 28.47 ‘Reliance Loss’ Damages 639 reliance measure damages can be justified for two reasons: first, as a matter of caus......
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Express warranties and misrepresentations
...damages may sometimes be recovered in contract. See McRae v Commonwealth Disposals Commission (1950) 84 CLR 377; AngliaTelevision v Reed [1972] 1 QB 60, [1971] 3 All ER 690; LL Fuller and WR Perdue, ‘The Reliance Interest in Contact Damages’ 46 Yale LJ 52, 373 (1936). See also Esso Petroleu......
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Chapter 13. Damages
...“Rema” Manufacturing Co [1954] 1 QB 292; TC Industrial Plant Pty Ltd v Robert’s Queensland Pty Ltd (1963) 180 CLR 130; Anglia Television v Reed [1972] 1 QB 60. 61 Anglia Television v Reed [1972] 1 QB 60 at 63–64, per Lord Denning MR. Compare Commonwealth v Amann Aviation Pty Ltd (1991) 174 ......
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Chapter 3: English Common Law
...C Czarnikow Ltd (The Heron II) [1969] 1 A.C. 350. 224 Ruxley Electronics & Construction Ltd v Forsyth [1996] A.C. 344. 225 Anglia Television v Reed [1972] 1 Q.B. 60. 226 Attorney General v Blake [2001] 1 A.C. 268. 227 British Westinghouse Electric & Manufacturing Co Ltd v Underground Electr......
