Summary of Presentaciones Musicales SA v Secunda case

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Presentaciones Musicales SA v Secunda (1994)

Summary of Facts: Here, an English law firm issued a writ against the defendants for breach of copyright, on behalf of a Panamanian company. English firm not authorized to do this. Company had been acquired and dissolved. But under local law, Board of a dissolved company authorized for a period after the takeover to conduct litigation on behalf of the now dissolved company. The action, as issued by the solicitors, was within the limitation period in English law for bringing a claim of this kind – Board ratified the act of firm in issuing the writ.
By the time of ratification however, English law limitation period had expired.
Thus writ would be effective applying rule in Bolton Partners v Lambert, in which case ratification would be effective from the date the writ was issued.

 

Judgment: Ratification WAS effective here, so allowed copyright action to proceed.

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