Cases

Mahfouz and another v Brisard and another

Held

(1) In a libel action the proper construction of a deed or other document having legal effect (other than the words complained of) is a matter for the judge to decide: Williams v Reason [1988] 1 WLR 96. (2) On a true construction of the two contracts the first meant that the First Defendant authorised his French publisher to put the translation into circulation anywhere in the world and whilst it dealt with intellectual property rights the implication was that it authorised publication of the text in the libel sense as well (Watts v Times Newspapers [1997] QB 650 applied). The second excluding the UK from territories in respect of which the publisher granted intellectual property rights cannot be construed as a withholding by the First Defendant of authorisation to a resale of the book in circumstances which might result in the book being read by a reader in the UK. (3) The alternative case would raise issues of fact and no findings could be made at this stage.

Also