Approach to costs
Solicitors at Humphreys & Co. always aim to approach
legal work in a financially-disciplined way. We offer
competitive rates. Our charging approach is both transparent
and geared to the options open to our clients. Our
solicitors generally charge by reference to time spent but
we can often agree fixed fees for specific work or in some
cases risk-adjusted funding structures.
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COPYRIGHT - MUSICAL WORKS - FAILURE TO OBTAIN LICENCES - BREACH OF AGREEMENT - CONTENTION THAT ASSURANCES GAVE RISE TO ESTOPPEL
W, a professional musician sought royalties from A arising from the sale of a record created by W using the "sampling" of a well known track recorded by other artists. A counterclaimed for damages contending that W had breached his contract with A by failing to obtain copyright licences from those artists. W contended that he had acted in reliance on assurances from A that it had been within its rights to issue the track to the public, and therefore the assurances gave rise to a waiver of the strict terms of the agreement. Alternatively, the assurances provided the basis in equity for estopping A from relying on the terms of the agreement.
Held, giving judgment for W, and ordering that A account to W for the royalties to which he was entitled under the contract. The court found that W believed that the licences had already been obtained by A since the assurances given by employees of A were given under the apparent or ostensible authority of A's manager and in house legal adviser. Therefore obtaining the licences was not his responsibility and it would be inequitable to allow A to rely on the agreement, Brikom Investments Ltd v. Carr [1979] Q.B. 467, [1979] C.L.Y. 1598 applied.
WALMSLEY v. ACID JAZZ RECORDS LTD [2001] E.C.D.R.4, Terence Etherton Q.C., Ch D.
"Current Law" March 2001
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Accessibility
We take instructions from UK & international clients. Our independent lawyers are available by email, telephone & fax. With central Bristol offices we are just 90 minutes from London by road or rail and 15 minutes from Bristol International Airport. We can travel to meetings if required.
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Independent approach
We are an independent professional law firm here, not a legal factory turning out mass-produced products. In our experience, determined case-handling is more likely to produce effective results.
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Turnaround time
Solicitors at Humphreys & Co. look to input not only
careful legal work and precision but also the determination
to keep matters moving. They aim to work in clients' real
interests with energy and pragmatism.
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Communication skills
Solicitors at Humphreys & Co. always try to open up the
legal process by giving advice and explaining options to
clients in a concise and straightforward way, identifying
clear courses of action whatever the technical or legal
complexities of the subject. |
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