Eva Green v White Lantern Film (Britannica) Limited & Anor
[2023] EWHC 1391 (Ch)
Eva Green v White Lantern Film (Britannica) Ltd & Anor.
28 April 2023
[2023] EWHC 930 (Ch)
High Court
An actress was supposed to be in a movie but it fell apart. The movie company said she quit, but she said she didn't and just wanted to make a better movie. A judge listened to secret recordings and decided the actress didn't quit and gets her money.
Key Facts
- •Eva Green (Claimant) was contracted for a film, "A Patriot", with a $1 million fee held in escrow.
- •White Lantern Film (Britannica) Ltd (Defendant) was the production company, later controlled by SMC Specialty Finance LLC (Defendant).
- •The film's production encountered financial and creative difficulties, particularly concerning the location and the involvement of producer Jake Seal.
- •A crucial dispute arose around a phone conversation on September 22, 2019, where the Defendants alleged Green renounced the contract.
- •Newly discovered audio recordings contradicted the Defendants' version of the September 22nd conversation.
Legal Principles
Renunciation of a contract occurs when one party evinces an intention not to perform.
Chitty on Contracts (34th Ed) at [27-048]
The test for renunciation is whether a reasonable person would conclude the party no longer intends to be bound.
Chitty on Contracts (34th Ed) at [27-048]
Acceptance of renunciation requires clear and unequivocal communication that the contract is terminated.
The Santa Clara [1996] AC 800, at 810-811
Whether a repudiatory breach occurred is highly fact-sensitive.
Eminence Property Developments Ltd v Heaney [2010] EWCA Civ 1168 at [61]-[63]
A party is not required to demonstrate intention to perform at all times before performance is required; only renunciation matters.
Judge's interpretation
Outcomes
Green's claim for the $1 million fee succeeds.
The court found Green did not renounce her contract, and the Defendants' arguments for contract termination were invalid.
Defendants' tort claims (conspiracy, deceit, unlawful interference) are dismissed.
These claims hinged on the existence of a renunciation that was concealed, which the court found did not occur.
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