Cases

McPhail & Doyle v Bourne & Anor

Facts

M and D were members of a pop group with the Ds, managed by R. The band broke up, a settlement agreement giving M and D the rights to 2 songs and the Ds the rights to 4. The Ds, with another and again managed by R, went on to have success as the boy band 'Busted'. M and D sought to have the settlement agreement set aside and claimed rights to the 4 songs owned by the Ds under it, on various grounds, principally (1) that the agreement was the result of undue influence upon them; (2) they entered into the agreement as the result of misrepresentations; (3) the Ds had breached their duty of disclosure in the dissolving of what was a partnership.

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