Edward Bragiel

Edward Bragiel’s practice encompasses both intellectual property and media and entertainment and chancery. In both areas he has experience of litigation in the High Court and before specialist tribunals.

In the fields of intellectual property and media and entertainment his cases have included copyright, performers’ rights, design right and trade mark infringement actions and passing off, confidential information and contractual claims. He has a particular expertise in copyright having appeared in a number of cases concerning infringement of literary musical and artistic works and further has experience of proceedings before the Copyright Tribunal having appeared in a number of references to the Tribunal and advised music users and licensing bodies in relation to pending and potential references.

In the Chancery field his practice covers a wide spectrum of commercial and traditional chancery work often but by no means always with an IP/media and entertainment connection.  His cases in this area have ranged from property and private client work to commercial fraud and have involved a very diverse subject-matter ranging from the devolution of intellectual property rights relating to the recordings and performances of dead rock stars and the work of celebrated authors, to real property, undue influence, constructive trusts/proprietary estoppel, domicile, the effect and validity of wills with a foreign element and family provision.

He is authorised to accept instructions directly from the public and is happy to work directly with clients.

He is the author of a number of published articles on both IP and Chancery topics and has recently worked on the Law Commission project on the reform of the law of Family Provision and Intestacy

MA (Cantab) ( Law, Trinity Hall, Exhibition)
Harmsworth Major Exhibition, Middle Temple
Astbury Scholarship, Middle Temple

Re Equity [2009] (construction of rules of Actors’ union and application of union funds)]

Levey v Vesely [2008] L&TR 9 C.A. landlord and tenant: whether agreement created tenancy)

Re Beatrix Potter [2008] (IP/private client)]

Cyganik v Agulian [2006] WTLR 565 CA (domicile)

McPhail v Bourne [2006] ( copyright and undue influence in relation to ex- members of pop group “Busted” (*  not involved in subsequent trial of the claims [2008] EWHC 1235 (Ch)) 

Experience Hendrix [2006] (administration of estates
/copyright and performers, rights)

HEALEY [2006] trade mark for cars)

Murphy v Burrows 2005 P&CR DG3 (proprietary estoppel)

Ottey v Grundy [2003] WTLR 1253, CA (proprietary estoppel/Inheritance Act. * Appeared for successful claimant at first instance (2003 All ER (D) 05 (Aug)) - instructed on appeal and prepared written submissions but unavailable for hearing due to previous commitment - first instance decision upheld.)
     
Hanson v S.W.E.B. 2002 1 P&CR 35 CA (real property)

Durand v Molino [2000] ECDR 320 Ch D (copyright in commissioned painting.)

Duffy v Lamb (1998) 75 P&CR 364  CA (real property)

Mather v Appleton (1998) (copyright in All saints song “Never Ever”)

Re Hunt (1998) (Copyright/probate re estate of EH Shepherd (illustrator of Winnie the Pooh”)

Byford v Rainbow Communications Ltd [1995] IPD (performers’ rights)

Gantenbrink v BBC [1995] FSR 162 (copyright and contract)

Boddington v Lawton [1994] ICR 378 ( restraint of trade)

British Amusement Catering Trades Association v PPL [1992] RPC 149 (Copyright Tribunal,  tariff for performance of sound recordings on juke boxes)

The Performing Right Society Limited v British Entertainment and Dancing Association [1993] EMLR 325 (Copyright Tribunal tariff for music in discotheques

Re Marr [1990] Ch 773 CA (insolvency)
Re Virgo Systems {1990] BCLC 34 (companies)

Perfect Songs v Lennon (1989) (copyright)

Re N.U.R.M.T. (1989)  (transfer of assets on amalgamation of N.U.R. and N.U.S.)

“Live Aid” (1985) (copyright advice to organisers of Live aid (pro bono)

Sillitoe v McGraw Hill [1983] FSR 545 (copyright)

Independent Television Companies Association v The Performing Right Society  The Times 28th February 1982  (Copyright Tribunal and High Court; licence for music on independent television.)

Exxon Corporation v Exxon Insurance Consultants [1982] RPC 80 (passing off)

Solidarity Trade Union (drafted constitution of International Committee of Solidarity) (pro bono)

The following are extracts from reported judgments or letters from solicitors

“... the proposition is certainly one which Mr. Bragiel espoused and argued effectively” (Cyganik v Agulian [2005] WTLR 1049 at 1071A

“Mr Bragiel’s cross-examination of [the Claimant] was effective” (ibid at 1053)

“As Mr Bragiel concisely put it she went from [the deceased’s] life by way of constructive dismissal” (Ottey v Grundy)

“The time available to counsel to research the law was short but despite this they presented comprehensive and clear submissions” (Boddington v Lawton [1994] ICR 478 at 483

“Mr Bragiel appearing for the Commissioners mounted a formidable argument in support of the judge’s view” (Marr v Marr [1990] Ch 773 at 782)

“The reaction of [the Defendant] when these errors were put to him in cross-examination by Mr Bragiel led me to think that he had deliberately sought to mislead [the Claimant] and the court” ( High Court trial Manchester District Registry 1994)

“Re Band Aid Trust” “.... All of the Trustees, but specifically Bob are very grateful for the efforts that you are making.  I would be grateful if you could pass on our thanks to Mr Bragiel ...” (letter from Band Aid Trustees to solicitors who also offered their services pro bono)

“Dear Edward, May I take this opportunity of formally writing to thank you for all your hard work on behalf of our clients .... and to congratulate you on the result.  In particular I am grateful for the way that you “pulled the fat out of the fire” when [ ] QC was seeking to re-amend the Statement of Claim”. (letter from instructing solicitors in High Court Copyright infringement action.)
 

Chancery Bar Association, IP Bar Association

Qualifications

MA (Cantab) (Law, Trinity Hall, Exhibition)
Harmsworth Major Exhibition, Middle Temple
Astbury Scholarship, Middle Temple

Regulation

Married, two children.