Cases

Universal International Inc v Flextech Rights Ltd

Facts

In 1998 Universal licensed Flextech to broadcast episodes of The Jerry Springer Show (JSS) in the UK. The licence was expressed to continue for so long as JSS was produced and received specified exposure on US television. The contract contained a provision requiring Universal to ensure that the episodes of JSS delivered were “similar in content” to those of the 1998 benchmark season. In 2002 Flextech purported to dissolve the contract, alleging that it was entitled to dissolve because the show had become largely unbroadcastable before 2100 hours because of changes in content. The parties brought a list of preliminary issues before Cooke J for determination. One of those issues was whether on the assumption that the pleaded facts in support of the case on dissolution were proved, it followed that Flextech were entitled to dissolve the contract. Cooke J had held below that on those facts they would be so entitled.

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