Edmund Cullen QC 1990 (QC 2012)
Profile
Edmund’s practice covers a broad range of Chancery and commercial litigation, including solicitors' and accountants' negligence, insolvency and company-related disputes, including claims for breach of directors' duties and minority shareholders' actions, breaches of warranty, the enforcement of guarantees and security, civil fraud and constructive trusts.
He also specialises in media and entertainment work and related copyright disputes, in particular in the music and broadcasting industries.
Edmund is recommended in Chambers UK Directory for chancery: commercial, commercial dispute resolution, media and entertainment and professional negligence and in The Legal 500 for media and entertainment and professional negligence.
Areas of Practice
Commercial Litigation
Advises and represents clients in all aspects of commercial litigation, including contractual disputes, warranty claims and asset recovery. Recent/notable cases include:
- Representing the trustees of a pension scheme in a claim concerning a commercial lending agreement at a trial in the Chancery Division in June 2011
- Acting for a German bank in cross-border debt recovery proceedings
- Advising film productions companies and distributors in relation to claims against foreign licensees
- Appearing at trial in the Commercial Court in November 2010 for an Australian internet gaming company in a claim against the trading arm of the Professional Footballers Association in a dispute over a sponsorship agreement.
- Representing multi-national accountancy firm in a professional indemnity insurance arbitration
- Acting for US banks in action to recover multi-million dollar loan and to seek recognition of US court-appointed receiver
- Representing defendants in relation to 'earn-out' entitlement under share purchase agreement.
- Racing UK Ltd v (1) Doncaster Racecourse Ltd (2) Doncaster Metropolitan Borough Council [2004] EWHC 2813 and [2005] EWCA (Civ) 999 - representing Racing UK at trial and in the Court of Appeal in relation to dispute over licensing of broadcast rights from Doncaster racecourse.
- Onyeador v (1) Miss World Ltd (2) Allianz Nigeria Ltd [2005] EWCA Civ416 - acting for Miss World organisation at trial and in the Court of Appeal defending claim arising out of Miss World event
- Advising and representing the owners of UK racecourses in relation to their exploitation of the broadcasting rights in UK horseracing
Intellectual property and media law
He has acted for most of the major record companies and has been instructed in disputes in relation to recordings of artists such as The Beatles, The Verve, The Smiths, Damon Albarn, Elvis Costello, Van Morrison, Tom Jones, Mis-Teeq, Elton John, Stereophonics, Kylie Minogue, Steve Winwood, Snow Patrol, Muse, Lily Allen, Sugababes, Placebo and Seal. He also advises and represents broadcasters, programme makers, film producers and rights holders in licensing and copyright disputes. He has particular experience in the field of online exploitation of rights. He has also advised on the contractual rights of publishers/authors, theatre producers, actors and their agents. Recent/notable cases include:
- Newspaper Licensing Agency v Public Relations Consultants Association [2011] RPC 10 (Proudman J) and in the Court of Appeal – representing the NLA in a dispute over the exploitation of copyright by media monitoring organisations and their customers
- Advising the British Phonographic Industry on internet piracy measures
- Chart Show v Video Performance Limited – appearing in the Copyright Tribunal and on appeal in the High Court ([2010] RPC 139) and in the Court of Appeal ([2011] EWCA Civ 650 in proceedings to determine the royalty to be paid by music TV broadcasters to the record companies
- Representing founder member of the Sugababes in a partnership dispute
- Advising multi-national publishers in relation to the rights to exploit ebooks of massively successful children’s author
- Crosstown Music v Taylor/Barry [2009] EWHC 600 (Ch) and [2011] 2 WLR 779 (Court of Appeal) – appearing for songwriters in claim for reversion of copyrights
- Acting for Steve Winwood in a claim against Chris Blackwell of Island Records
- Acting for Gary Rhodes in claim brought by his former managers
-Representing former member of Snow Patrol in partnership action against his former partners
- BPI v MCPS [2008] EMLR 5 - representing the British Academy of Composers and Songwriters in a landmark copyright tribunal claim in relation to online licensing of music
- Acting for defendants in claim relating to copyrights in T-Rex songs
- Racing UK Ltd v (1) Doncaster Racecourse Ltd (2) Doncaster Metropolitan Borough Council [2004] EWHC 2813 and [2005] EWCA (Civ) 999 - representing Racing UK at trial and in the Court of Appeal in relation to dispute over licensing of broadcast rights from Doncaster racecourse.
- Onyeador v (1) Miss World Ltd (2) Allianz Nigeria Ltd [2005] EWCA Civ416 - acting for Miss World organisation at trial and in the Court of Appeal defending claim arising out of Miss World event
- Advising and representing the owners of UK racecourses in relation to their exploitation of the broadcasting rights in UK horseracing
- Beiersdorf AG & Anor v Ramlort Ltd & Ors [2004] EWHC 118 - a trademark claim in relation to exhaustion of rights
- Sony Music v Stewart [2003] EWHC 2753 - acting for the British Phonographic Industry in copyright infringement claim against counterfeiters
- Gabrin v Universal [2003] EWHC 2753 - dispute over copyright in photograph used for album cover
- Mandy Allwood v Max Clifford & Max Clifford Associates Ltd [2002] EMLR 3 - a claim by Mandy Allwood against her former publicist
- Joyce v Morrissey [1999] EMLR 233 - representing former band member at trial and in the Court of Appeal
Professional negligence
Represents claimants and defendants in professional negligence and related areas, in particular in relation to solicitors, accountants, valuers, etc. Recent/notable cases include:
- Representing a multi-national accountancy practice in Commercial Court proceedings in 2011 against their insurance brokers and advisers
- Bergliter v Cohen [2006] EWHC 123 - acting for professional trustee/executors of the will of Lionel Bart in claim for breach of fiduciary duty
- Margulies v Margulies CA 16/3/02 - claim against solicitors in relation to alleged secret trust
- Floods of Queensferry v Shand Construction [2001] BLR 446 and [2002] EWCA Civ 918 - representing solicitors in claim for costs arising out of large construction dispute
- Hammond Suddards Solicitors v Agrichem International Holdings Ltd [2001] EWCA Civ 2065 - large professional negligence claim against solicitors. Also notable for Court of Appeal decision on security for costs and the conditions to be imposed on the grant of permission to appeal
- British Racing Drivers Club v Hextall Erskine [1996] 3 All ER 667 - negligence claim arising out of breach of section 320 of the Companies Act 1985
Company law
Advises and represents shareholders, directors and companies in contentious work in relation to corporate governance and the rights and duties of shareholders and directors. Regularly involved in minority shareholders' litigation. Recent/notable cases include:
- Representing former member of Placebo in a shareholder dispute with his former band members
- (1) Newgate Stud Co (2) Newgate Stud Farm LLC v (1) Anthony Penfold (2) Penfold Bloodstock Ltd [2008] BCLC 46 - acting for claimants in claim for breach of fiduciary duty by director/bloodstock manager
- Acting for provisional liquidator pursuing substantial claims against former shareholders/directors of buy-to-let property company
- Arrow Nominees Ltd & Ors v Graham Blackledge & Ors [2003] EWHC 1516 - unfair prejudice petition and claim for costs against non-party
- One Life v Roy [1996] 2 BCLC 608 - a claim by a liquidator to recover illegal dividends arising out of the operation of an illegal lottery
- British Racing Drivers Club v Hextall Erskine [1996] 3 All ER 667 - negligence claim arising out of breach of section 320 of the Companies Act 1985
- Re Thundercrest [1995] 1 BCLC 117 - a dispute over share pre-emption rights and the right to seek rectification of the register
Insolvency and restructuring
Acts generally in all areas of personal and corporate insolvency, including both the initiation of insolvency procedures and subsequent asset recovery, etc. Recent/notable cases include:
- Butter s v BBC Worldwide [2010] BPIR 1315 (Peter Smith J) and [2010] Ch 347 (Court of Appeal) - representing the joint venture vehicle of Woolworths/BBC Worldwide in a dispute concerning the application of the anti-deprivation principle to a valuable DVD licence of BBC catalogue:
- Acting in claim against the Arts Council in relation to the administration of the Derby Playhouse
- Advising major creditor songwriters in administration of music publishers Rive Droite
- Jacob v Vockrodt [2007] EWHC 2403 - a claim for malicious presentation of a bankruptcy petition
- Acting for a trustee in bankruptcy for a declaration that a trust deed was a sham and/or a transaction defrauding creditors. Settled on first day of trial
- Huddersfield Fine Worsteds [2006] 2 BCLC 160 - represented employees at first instance in relation to administration expenses claim
- Acting for provisional liquidator pursuing substantial claims against former shareholders/directors of buy-to-let property company
- Re MTI Trading Systems [1998] 2 BCLC 246 - administration petition
- One Life v Roy [1996] 2 BCLC 608 - a claim by a liquidator to recover illegal dividends arising out of the operation of an illegal lottery
Partnership
Deals with all aspects of partnership litigation, including valuation and accounting issues. Recent/notable cases include:
- Acting for a founder member of the Sugababes in partnership dissolution claim
- Acting for member of the band Leftfield in a dispute over use of the partnership name
- Representing former member of Snow Patrol in partnership action against his former partners
- Bodor v Heal [2006] EWHC 2529 -a partnership claim arising out of relationship between property developers
- Joyce v Morrissey [1999] EMLR 233 - representing former band member at trial and in the Court of Appeal
Property
Advises on commercial and residential leasehold disputes (including forfeiture and possession proceedings) and in relation to litigation arising out of transfers of land, easements and covenants. Recent/notable cases include:
- Acting for the tenant of commercial premises within proposed Norton Folgate development
- Defending claim by landlord of nightclub in Manchester
Sport
Advises on disciplinary and regulatory issues in sport and on related contractual and licensing disputes with broadcasters, agents, etc. Recent/notable cases include:
- Representing defendant in proceedings brought by the World Professional Billiards and Snooker Association to enforce disciplinary sanction
- Advising and representing the owners of UK racecourses in relation to their exploitation of the broadcasting rights in UK horseracing
- Advising racehorse owner in potential dispute with the Jockey Club
- Advising the Hurlingham Polo Association in relation to its rules
Trusts law
Acts in contentious trust and probate matters, including breach of trust/fiduciary duty, tracing and asset recovery claims and disputes over the validity and interpretation of trust deeds and wills. Recent/notable cases include:
- Acting for a trustee in bankruptcy for a declaration that a trust deed was a sham and/or a transaction defrauding creditors. Settled on first day of trial
- Acting for offshore trustee company in claim by HMRC arising out of alleged carousel fraud
- Acting for beneficiary of large estate in claim for rectification of a will
- Bergliter v Cohen [2006] EWHC 123 - acting for professional trustee/executors of the will of Lionel Bart in claim for breach of fiduciary duty
- Margulies v Margulies CA 16/3/02 - claim against solicitors in relation to alleged secret trust
Memberships
Chancery Bar Association
COMBAR.
Qualifications
BA (Bristol)
