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Richard Hanke (instructed by Gordon Dadds LLP) for the Fifth Defendant Roman Poplawski (acting on direct instructions) for the Third Defendant Hearing date: 23 February 2017 ____________________
(1) On a true construction of the Satellite Agreement Mr Dorset had warranted to AMI, expressly or by implication, that
(2) Alternatively, it was an implied term of the Satellite Assignment that Mr Dorset would indemnify AMI in respect of any losses sustained by reason of the assignment of Alright or by reason of his breach of warranty.
(3) In entering into the agreement with Sony/ATV, AMI relied on Mr Dorset's representations, in particular that Satellite owned the copyright in Alright .
(4) The representations made by Mr Dorset in the Satellite Agreement were false and in addition Mr Dorset breached the warranties contained in the Satellite Agreement.
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Common Room
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