[2025] EWHC 39 (IPEC)

Each show in Series 1 of Shambles was some 6 or 7 minutes long. As now shown on YouTube, and in the copies shown to the Court, those shows combined, in broad terms, the following elements or segments. First, behind-the-scenes footage of Mr Rinkoff, playing himself as Harry Deansway, a harassed comedy night promoter, and his interactions with a few central characters, such as Greg, the owner of the club, and Harry’s incompetent assistant or runner, Joe, and in some instances, brief interactions between the characters and the real comedians on the show. This is the sitcom element of the shows. Next, there are brief scenes in which Harry introduces comedy acts to an audience, with just a few short snippets of the comedians’ performances. For instance, in the first episode of Shambles, there are 9 seconds of a performance by John Kearns, and about the same of Rich Fulcher, as well as even shorter snippets of performances by other performers, and of Mr Rinkoff performing in his Harry Deansway persona. Lastly, there are shots of audience members laughing, smiling and socialising. All of the Series 1 episodes follow broadly this pattern.

As I have indicated, the shows that I have seen do not include any significant excerpts from the comedians’ sets, which was in line with Mr Rinkoff’s notes at the time. However, he explained that originally it would have been possible for someone viewing the show on YouTube to have accessed the recording of two or three full sets per episode by clicking on a link which popped up during the course of the show, through a facility called “Annotations.” The viewer could then have linked back to Shambles. That facility is no longer available and the copies of the shows which I have seen do not include any such links. It was put to Mr Rinkoff that it would subsequently have been possible to click through to a comedian’s set on his Raybot YouTube channel via a link shown at the end of the show, but I have not been able to see or follow such a link. Mr Rinkoff confirmed that the comedians’ full sets would have been, and probably still were, on the Raybot channel on YouTube, but he did not produce any viewing figures for them, and was unable to say how many people may have watched them or when, nor whether they did so by linking through from the sitcom.

In the state in which the shows were available to the Court, there is remarkably little footage of comedians on stage, and the shows consist almost entirely of the sitcom element. These episodes were filmed with handheld cameras and with natural lighting, which means that the images are often rather dark as the scenes are set in the club basement.

Harry Deansway is the central character of all of the episodes of Shambles and the central premise of the show, in my view, is that he is a professional comedian whose career is in the doldrums. All of the Series 1 episodes feature fictional elements of Harry’s struggles, the club’s financial stresses due to poor audience numbers, arguments between Harry and other characters, and a variety of problems (of varying levels of idiocy) often caused by Joe’s incompetence. The challenges he faces, his rather depressed demeanour, and his frustrations with the club and the other characters are central to the sitcom element of the shows, as the Claimant acknowledged in his response dated 30 August 2023 to the Defendant’s Request for Information.

Mr Rinkoff explained that there was not a full script for the episodes of the show. Instead, he gave each actor a short description of their character, or sometimes a small excerpt of a script that he would have written on the day or in the moment, but otherwise the actors would come up with the dialogue themselves. Mr Rinkoff said that he used an episode breakdown document to map out "the spine of the show" based on what had already been and was about to be filmed. The breakdown notes vary in their specificity but are always brief. For instance, the breakdown of Series 1 episode 5 reads:

Mr Rinkoff said that he also created a filming information document to get an idea of everything that would need to be covered, which may have been shown to the cameramen. This document contains five dates for filming which suggests that it was created after the first episode was filmed in 2013. The document contains explanations such as:

“What to film

Narrative of the night

Pre-planned situations taking place around the venue. Some of the venue is quite dark so will need lighting

Dressing room

CCTV style footage of the dressing room. Two cameras must be running from 530 until the end of the night to capture all the action in real-time. … The dressing room is small and dark. The cameras must be totally inconspicuous.

The show

This is a fully functioning real live night with paying customers. We would like the show captured in real-time to set up the atmosphere of the night …

Performers

Film the performers we will use a snippet of every acts slot in the final edit. If the act allows it we will use their whole set. Film all the hosting of Harry Deansway as there will be some narrative stuff for the show that needs to be captured.”

At paragraph 9 of the Amended Particulars of Claim, this document is described as “outlining the key features of the first season.” However, it does not identify all of the features pleaded in paragraph 8. For instance, there is nothing about the characters in the shows.

In May 2014, in the context of discussions between Wildseed and Mr Rinkoff about the proposed contract, he provided them with a press release of unknown date describing Shambles as follows:

Series 2 went live in July 2015 and was available online until April 2022, although some of the comedians’ sets may have been kept online longer. The episodes of Series 2 lasted from around 12 to 17 minutes. They took much the same form as the episodes of Series 1, in terms of showing almost solely the sitcom elements of the show plus a very little of the comedy acts and general shots of a live audience. At the end of each episode there is a page with links to subscribe, and watch the last or next episode and, for episodes 1 and 6, an additional link to “Watch the Comedians.”

The main characters from Series 1 reappear more or less in Series 2. However, the role of Greg is played by a different actor, and the characterisation is rather different, whilst Joe has been replaced by Toby, an equally useless intern. The new role of Lex, an incompetent barmaid who is Greg’s niece, is central to much of the narrative.

Mr Rinkoff prepared various documents when planning Series 2. For instance, he wrote the Shambles Philosophy in about November 2014, which included this passage:

“SHAMBLES PHILOSOPHY

We need to approach it like we are filming a documentary. The idea is to give the audience the authentic feeling that they are behind the at a real comedy club. I want the audience to suspend disbelief on a different level to Curb and The Thick Of It. The way to achieve this is to create an actual reality and immerse instinctual actors and filmmakers in that world capturing what is actually happening rather than creating an imitation of that reality ourselves.

STRONG FRAMEWORK NOT RIGID INSTRUCTIONS

We have created a strong framework through plot points and character development now put the talented people we’ve hired in those circumstances and what they come up with instead of rigid instructions on what we want them to do or what we think will happen

…

INSTINCTUAL

I want actors to have an instinctual reaction to what is happening. I think this way you get more genuine reactions and interactions well the odd surprise. Same with camera crew they need to be following the action it’s happening. All the main cast have performed live comedy for years so are able to act on their wits based on what is going on around them.

…

EMBRACE CHAOS

I know this must be worrying to hear but capturing actual chaos is going to give the footage an attitude and authenticity that you would not get if you sat down and tried to write it. This is why we have to film scenes at the actual night.”

Mr Rinkoff also wrote more detailed breakdowns of each of the episodes in Series 2. For instance, some of his notes for episode 2 were:

“JOE HAS TAKEN THE INITIATIVE AND BOOKED A REVIEWER IN FOR THE NIGHT.

UNBEKNOWNST TO THEM HARRY HAS HAD A MASSIVE FALLING OUT WITH THE REVIEWER.

AFTER SOME DISCUSSION HARRY STORMS OUT AS HE BELIEVES THE REVIEWER TO BE CORRUPT. GREG TELLS JOE NOT TO WORRY AS THEY ARE GOING TO GIVE THE REVIEWER VIP TREATMENT SO THEY WILL DEFINITELY GET A GOOD REVIEW

DOORS OPEN

[GREG AND JOE ARE SITTING ON THE DOOR ANXIOUSLY AWAITING THE REVIEWER]

REVIEWER TURNS UP, GREG COMES ACROSS AS THOUGH HE IS BRIBING HIM WITH DRINKS AND JOE LETS SLIP HOW IMPORTANT A GOOD REVIEW IS, EVERYTHING THEY SAY TO REVIEWER ANTAGONISES HIM AND JUST DIGS A DEEPER HOLE. … JOE BREAKS THE NEWS THAT ONE OF THE CONDITIONS OF THE REVIEW IS THAT HARRY APOLOGISES. HARRIS IS THERE IS NO WAY THAT IS HAPPENING. GREG GIVES HIM AN ULTIMATUM

…

[HARRY AND LEX ARE IN THE AUDITORIUM]

HARRY IS ASKING LEX TO STEAL THE REVIEWERS NOTEBOOK SO HE CAN CONFIRM HIS SUSPICIONS THAT A BAD REVIEW WAS GOING TO BE WRITTEN ANYWAY. SHE'LL DO IT FOR MONEY SHE SAYS. HE BORROWS IT OFF JOE AS HE WALKS PAST WITH NO INTENTION TO EVER PAY HIM BACK …”

Mr Rinkoff claimed in his witness statement that “the notes created the plotline to be followed in the episode, based on the Shambles Philosophy, and creating a coherent format for the cast to perform to that was to be used across each of the episodes.” As Iunderstand his evidence, these notes were used to guide the improvisation of each show. Again, there was never a complete script for a show.

Mr Rinkoff’s case was that Shambles had a cult following, was widely seen within the industry and had a lot of exposure with people sharing it on social media. He asserted that someone like Mr Majendie would have watched each episode as it went live. The Defendant however says that the viewing figures produced by the Claimant do not show a high level of success or exposure, as for instance episode 1 of Series 1 of Shambles received about 2,000 views over nine years. The viewing figures for Series 2 were higher. Episode 1 had some 10,000 views, but numbers reduced significantly for the following episodes, giving a total of around 27,000 views. Those figures are, however, far lower than the views of the individual comedians’ sets, for instance, Alex Edelman’s set had almost 39,000 views. I note also that Mr Owen, Mr Ashenden and Ms White, all of whom have worked in the industry for substantial periods, said that they were not aware of Shambles prior to the Claimant making his initial complaint, and their evidence on this point was not challenged.

LATMC was made in a rather different manner. In around July 2020 Mr Majendie pitched an idea for the show to others at the Defendant company. His initial proposal is not in the trial bundles, but on 1 July 2020 he forwarded an email setting out some thoughts from Mark Iddon, a producer at UKTV with whom he appears to have discussed the idea and who went on to commission LATMC. Mr Iddon said that he had been trying for years to create “An alternative to a shiny floor show version of Live at the Apollo.” He explained that he had been inspired by a number of shows, but did not mention Shambles. Mr Majendie and some producers wrote a “pre-pitch document” describing LATMC as:

“our own low budget - home- made version of Saturday Night Live. It comes “live” from the Moth Club TV Studio every week … it is more anarchic and raw than SNL. Part-scripted, part improvised …

The Moth Club is the setting for the show. It’s an old working men’s club that has seen better days …

As we get to know the show … we also get familiar with the mechanics and working of the show backstage – for example Liam Williams will play an irate Studio Cameraman …. We may often see the angry Vision mixer barking strange orders from the Gallery…

We have guests each week … with comedians playing realistic but bizarre character guests. For example, Tim Key arrives … to fix the plumbing …

The show will be written and performed in a week. It will give the show an unprecious, loose and exciting style … The show has no repeated format. Each week has its own distinct feel…”

There were further ideas in the pitch document which it seems were not pursued.

UKTV agreed to fund a pilot. A script for this was written by Mr Majendie, with the help of Adam Hess and Olly Cambridge. More material was written by Ms White and Ms Demetriou. Seb Cardinal and Dustin Demri-Burns (who perform as ‘Cardinal Burns’) improvised their own material. The resulting show, described as the LATMC Taster, was shot in August and October 2021 and then edited for submission to the channel. It was never broadcast. The Taster was introduced and hosted by a comedian, who was not portrayed as the promoter of the show, but as its MC. The Taster showed longer parts of the participating comedians’ sets and very much less backstage action than Shambles. There were comic interjections by a range of fictional backstage characters, with most of that screen time given to Ms White and Ms Demetriou as parody St John ambulance volunteers, and to a doorman character, Jackpot. It seems to me that the Defendant is right to suggest that the Taster did not include any behind-the-scenes narrative.

UKTV commissioned a series based on the Taster, and the Defendant made five episodes of LATMC which were broadcast. They were rather different from the Taster. Mr Hess was not involved in writing the broadcast episodes. Instead, in early 2022, Mr Majendie and the producer, Dave Lambert, asked Mr Ashenden and Mr Owen to write the script. They were experienced writers and actors and had previously worked with Mr Majendie for the Defendant. They described holding brainstorming sessions with Ms White and Ms Demetriou and Cardinal Burns, as well as with Mr Majendie, and I was shown various emails sent back and forth between the members of this group refining their ideas. Mr Ashenden and Mr Owen both described this as a collaborative effort. Mr Owen said that the faux-documentary style was The Pin’s idea, so that the performers both on and off stage would be seen to be aware of the cameras. They said that they based much of the script on their own experiences of appearing at the Moth Club, and on Mr Majendie’s experiences and anecdotes as a booker of comedy.

The title cards of each episode of LATMC start with this statement:

“In the summer of 2022, DAVE sent a documentary crew to capture life on and off stage at the Moth Club’s alternative comedy night in Hackney, East London.”

I consider that a viewer would immediately have realised that the show was not a real documentary, but a “mockumentary,” as the titles go on to name the cast and the writers of the show. Mr Majendie is credited as a joint Executive Producer as well as the director, and Mr Owen and Mr Ashenden as assistant producers as well as writers.

Each episode of LATMC is around 40 minutes long. They combine comedic backstage elements with excerpts from the comedians’ sets and those are considerably longer than the snippets in Shambles, taking up to around half the running time. There is a “comedy booker” character, Ellen, who is shown struggling to organise the shows and deal with the performers and the Moth Club staff. She also speaks directly and deadpan to camera. She is a comedic character but is not portrayed as a performer/comedian. There is an owner/manager, George, in the same general mould as Shambles’ Greg, but who plays a less significant role in the show, a barman and a sound man both of whose incompetence is broadly reminiscent of the chaos backstage at Shambles, and the daft doorman character is retained. Ms White and Ms Demetriou now play a pair of clueless PR girls, broadly reprising characters they had played in other shows, and there are long-running backstage and film sequences mainly featuring Cardinal Burns. The Moth Club itself is shown as rather down-at-heel and poorly maintained, for instance there is a storyline in Episode 3 about the likelihood that the electrics will fuse, and George is keen to increase the venue’s income, for instance by hiring the room used as a green room to a bingo club. However, there appears to be a substantial audience for the live shows.