Contract
Lunak Heavy Industries (UK) Ltd and another v Tyburn Film Productions Ltd [2024] EWHC 2312 (Ch), [2024] All ER (D) 03 (Oct)
The Chancery Division dismissed the appellant companies’ appeal against the Master’s dismissal of their application for summary judgment in relation to a claim brought against them by the respondent company (TFP). The claim related to the film Rogue One: A Star Wars Story (Rogue One), produced by the first appellant company (LHI), using intellectual property relating to the Star Wars series of films owned by the second appellant limited liability company. One of the characters in Rogue One had been played by the well-known British actor Peter Cushing (C), who had died in 1994. The dispute arose because of the use of special effects by LHI to recreate C in Rogue One, altering the appearance of an actor who had played the part. TFP’s claims included a claim: (i) for breach of contract against C’s state; and (ii) against the appellants for unjust enrichment by receiving the licence to recreate C from C’s estate and/or the exploitation
