Introduction
1.In 1970 the band Mungo Jerry recorded and released a song called In the Summertime. It went to number one in the charts in many countries of the world, including the UK. Mungo Jerry became famous, as did the frontman and songwriter of the band, Ray Dorset. According to Mr Dorset, 30 million units of In the Summertime have been sold worldwide.2.Mungo Jerry had subsequent hits. One of these was a song called Alright, Alright, Alright (“Alright”), released in 1973.3.Thirty eight years later, in September 2011 the claimant (“EMA”), a French music publishing company, brought an action against the first two defendants (“Universal” and “Sony/ATV”) seeking a declaration that EMA owned the copyright in Alright4.In August 2012 AMI brought an additional claim against Mr Dorset seeking an indemnity against Mr Dorset in respect of any sums it was held liable to pay to EMA.5.The trial in the main action was due to be heard in a window from 10 March 2014. On 7 March 2014 EMA settled its claim for liability against Mr Dorset by means of a written agreement dated 7 March 2014 (“the EMA Settlement Agreement”). By two further settlement agreements, dated 29 July 2014 and 26 March 2015, EMA and Mr Dorset also settled EMA’s claims for costs and damages.6.EMA went on to agree terms of settlement with Universal and Sony/ATV by an agreement dated 28 July 2015, and with AMI by an agreement dated 7 July 2015. The claims by EMA against Universal, Sony/ATV, Mr Dorset and AMI were all formally stayed by an order dated 29 September 2015.7.Eliot Cohen, who is a director of AMI, said in his first witness statement that ITSL became a deadlocked company through lack of agreement between its two directors, of whom Mr Dorset was one, and that judgment in default had been entered against it by EMA. No mention was made of ITSL before me and I will assume that I need consider it no further.8.Following all the settlements and default judgment against ITSL, there remained only AMI’s additional claim against Mr Dorset. That claim was the subject of the present trial.