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CASE GRID: Sadler v Reynolds

Court details Court: Queens’s Bench Division Judge: Miss Elizabeth Slade Q.C Legal representatives: Citation: [2005] EWHC 309 (QB), 2005 WL 853740 Material facts The claimant, John Sadler, claimed damages for breach of an alleged contract with the Defendant, George Reynolds, for John Sadler to ghost-write Mr Reynolds’ autobiography. John Sadler also claimed damages for breach of confidence for matters related to the proposed book.

What issues did the case address? [Ignore the duty of confidence issue] Issue 1. Did the parties enter into a contract for John Sadler to ghost-write George Reynolds’ autobiography? Issue 2. Was George Reynolds in breach of contract? Issue 3. What is the measure of damages for the breach?

Legal basis of decision: identify the court’s decision on each of the above issues Issue 1. it was found that John Sadler established that by 27th may 2001 an oral agreement had been entered into between him and George Reynolds, giving John Sadler the right to write George Reynolds’ autobiography. It was also established that there was an intention to create legal relations as he was an experienced journalist who met with Mr Reynolds in that context and was aware that Mr Sadler had made money from his previous ghost-writing and Mr Reynolds also hoped to make money from his autobiography. Issue 2. By entering into a publishing contract on 10th July 2002, giving the exclusive right to a publisher to publish his autobiography to be written by Patrick Lavelle, Mr Reynolds was in breach of the contract between himself and John Sadler. Issue 3. on behalf of Sadler a claim was made for £35,000. In accordance with the

publishing agreement with Time Warner, £15,000 was due on signature of the agreement by both parties, £10,000 on delivery and acceptance of the work and £10,000 on first publication of the work in the UK by the publisher. He was awarded special damages for breach of contract in the sum of £35,000. In addition to this he was awarded a further £1000 as it was recognised that it was likely that John Sadler had suffered loss of opportunity to enhance his reputation and that the loss of an additional title to his list of publications may affect his marketability. Overall a total of £36,000 was awarded in damages for breach of contract.

Subsequent case(s) in which this case is mentioned/discussed?

Case note : Alasdair Taylor, ‘Law of ghosts’ (2005) 16(5) Ent. L.R. 132-134 Most interesting observation?...