[2025] EWHC 39 (IPEC)

I heard from Mr Rinkoff in person. Counsel for the Defendant said that he did not call into question Mr Rinkoff’s belief that his show had been copied, but suggested that he had lost all sense of perspective in relation to the dispute and was, as a result, ready to make unfounded allegations of copying not supported by the documentation. He invited me to treat Mr Rinkoff's evidence with caution save to the extent that it was supported by the documents in the case.

It seemed to me that Mr Rinkoff was essentially an honest witness. However, I agree that he had lost any real objectivity about this case. For instance, in his witness statement he criticised Mr Majendie’s behaviour in relation to other professional matters. Mr Majendie hotly disputes these criticisms, but they are, in my judgment, irrelevant to the issues I need to decide. Most of Mr Rinkoff’s evidence as to the creation and description of Shambles is not seriously challenged, and much of his evidence as to copying is no more than speculation. I consider that it is right to scrutinise Mr Rinkoff’s evidence with some care, but it does not seem to me that I should go so far as to accept his relevant points only if supported by the documents.

A second witness statement was produced for the Claimant, from Mr Miles Bullough of Wildseed Studios Ltd. He was not cross-examined. The Defendant’s position was that his evidence was inadmissible, as it dealt with the construction of the contract between Mr Rinkoff and Wildseed.

The Defendant called four witnesses, all of whom were cross-examined. They were Mr Majendie, Mr Ben Ashenden and Mr Alexander Owen (who together form a comedy double act known as The Pin and were largely responsible for the scripts of LATMC) and Ms Ellie White, who together with her writing partner Natasia Demetriou came up with and played characters in LATMC. Although doubts were raised about them in the Claimant’s skeleton argument, in his closing submissions counsel for the Claimant made no criticism of any of the Defendant’s witnesses. All of them appeared to me to be good witnesses, who were clear about what they could and could not recall, and did their best to give their true recollection of events and to help the Court. Mr Ashenden and Mr Owen in particular appeared to me to be extremely careful witnesses.