Kinematograph year book (1935)

In the Courts. 185 LIBEL Film Equipment Libel.— The Court of Appeal, consisting of Lords Justices Scrutton and Maugham and Mr. Justice Talbot, on January 26 heard an appeal by Gaumont Co., Ltd., against the award of £12,000 damages in a libel action brought against them by Film Industries, Ltd.j Grower Street, W.C., and heard in the King's Bench Division before Mr. Justice Charles and a jury. Both companies, it was stated, were in competition for the supply of talkie film apparatus for the Mental Hospitals Association. The contract was secured by Film Industries, Ltd., and an agent of the Gaumont wrote to the association a letter which it was alleged reflected on the financial position of Film Industries, Ltd. The Gaumont Co. contended that the publication complained of had not caused Film Industries, Ltd., any considerable damage. Sir W. Jowitt, K.C., for the appellants, said the grounds of appeal were that the damages were wholly unreasonable and excessive, and also that there was misdirection by the judge. On these grounds, the appellants asked for a new trial in order that the damages which they had undoubtedly got to pay might be considered again. Mr. Comyns Carr, K.C., for Film Industries, Ltd., argued that there was evidence of the libel having damaged them, and the jury were entitled to take into consideration the huge capital of which the defendants had control in assessing damages at a figure they would feel. By a majority, the court dismissed the appeal. " Rasputin " Appeal Dismissed. — The Court of Appeal, consisting of Lords Justices Scrutton, Greer and Slesser, on July 12 and 13, heard an appeal by Metro-Goldwyn-Mayer Pictures, Ltd., against the award of £25,000 damages to Princess Irina Alexandrovna Youssoupoff, a niece of the late Czar of Russia, for libel alleged to have been contained in the film " Rasputin, the Mad Monk." The action had been heard before Mr. Justice Avory and a special jvny in the King's Bench Division. The Princess complained that the character of Natasha, who was betrayed by Rasputin in the film, could be taken as a representation of herself. Defendants denied this and said Natasha was purely fictional. Appellants contended that the damages were excessive and complained of the judge's summing up. Sir W. Jowitt, K.C., in his argument for the appellants, said Natasha could not be confused with the Princess. She was obviously got up to represent somebody many years older. Lord Justice Scrutton suggested that if this was libellous it had to be considered that there was a mixed assembly seeing the film, including perhaps people who knew the personages, and defendants did not care whether they were there or not. Counsel argued at length the question of whether a talking film could be a libel or slander or both, and " still " photographs (scenes in the film) were handed to the Court. Lord Justice Slesser said that the difficulty was that the words of a sound film were not possessive of the ephemeral and transitory character of the ordinary slander because they could be mechanically reproduced. Sir W. Jowitt also argued that the damages had to relate to the injury done and that the award of £25,000" was wrong. The princess, against whose character nothing had been or could be said, had not suffered a pennyworth of damage, and had not lost her friends, nor did anybody believe anything in the film reflected on her. The judge omitted to tell the jury also that the nation-wide publicity was only in respect of the cut film. After hearing evidence Lords Justices Greer and Slesser dismissed the appeal. A stay of execution was granted with a view to an appeal to the House of Lords. BREACH OF GONTRACT Comedian's Wrongful Dismissal. — George Carney, the comedian, brought a successful action for wrongful dismissal against Brit sh International Pictures, Ltd., before Mr. Justice Avory in the King's Bench Division on January 19. He complained of breach of contract to employ him in connection with the production of a screen version of Fred Karno's sketch, " The Mumming Birds." The defence was that the contract was rescinded by mutual agreement. A common jury found for Mr. Carney, and said that he should have £227 10s. damages, assessed on the basis of six and a half weeks at a salary of £35 a week. Judgment for this amount was entered, Mr. Justice Avory refusing to grant an application for a stay of execution pending an appeal. Mr. Carney said that he was engaged to collaborate with Sydney Chaplin in the film production of " The Mumming Birds " in April, 1929, at a salary of £35 a week. His services were to be rendered in connection with comedy writing and the construction of the play. He alleged that soon after the commencement of production he was told that the film had been stopped, and that if it was not continued he would be found other employment. No compensation was made to him, however. John C. A. Thorpe, who was general manager at Elstree at the time, said Sydney Chaplin had complained of the difficulty of working with Mr. Carney, and when he told Mr. Carney this he replied that having regard to such difficulties he did not wish to carry on. The contract was then terminated by mutual agreement. The production of " The Mumming Birds " was continued until June, when it ceased in connection with some incident relating to Sydney Chaplin. GENERAL Patron Misses Footing. — The proprietors of the Regent Kinema, Nelson, successfully defended an action in the Nelson County Court on March 14, when Mrs. Mary Beatrice Pooley (54), widow, of 79, Regent Street, claimed £25 damages as the result of a fall, which she alleged was due to the negligence of the proprietors. Plaintiff stated that she fell down the staircase leading from the circle balcony. It was alleged that the electric lamps at the top and bottom of the staircase were not lit. Defendants denied negligence, and contended it was necessary for plaintiff to take due care when descending the staircase. Judge Burgis gave judgment for defendants. He said it was a common thing for anyone descending stairs to miss their footing. Gene Stratton-Porter's "Laddie" from Radio, of course !