Court Order

IN THE HIGH COURT OF JUSTICE CLAIM NO: HC 00 03874

CHANCERY DIVISION

B E T W E E N : –

CHIEF JUSTICE WINEGARTEN
30 OCTOBER 2002

(1) ALAN WILLIAMS ENTERTAINMENTS LIMITED
(2) ALAN WILLIAMS
Claimants

– and –

(1) RUBETTES LIMITED
(2) WILLIAM HURD
(3) ALEX BINES
(4) PAUL PREWER (professionally know as PAUL DA VINCI)
(5) SCOTT WHITLEY

Defendants

__________________________

ORDER
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UPON the application by the Second Claimant by Application Notice dated 21 October 2002.

AND UPON hearing the Second Claimant in person and Counsel for the Second Defendant and Solicitors of the Third and Fourth Defendants

AND UPON the Claimants and the Second, Third and Fourth Defendants having agreed terms of a compromise and set out in the Schedule hereto.

BY CONSENT as between the Claimants and Second, Third and Fourth Defendants it is ordered:

1. That the proceedings by the Claimants against the Second to Fourth Defendants inclusive shall be stayed upon the terms set out in the Schedule hereto save for the purposes of enforcement of those terms with liberty to apply for the said purpose
2. That there be no Order as to costs save that there be a Legal Aid assessment of the Second Defendant’s costs.
AND IT IS ORDERED that:
3. The claim against the First and Fifth Defendants shall stand dismissed.
4. There be permission to the First and Fifth Defendants to apply within 7 days after service of the Order on them respectively to vary or discharge paragraph 3 of this Order.
5. Second Defendant to serve this order.

Dated the 30 day of October 2002

SCHEDULE

Band Names
1. There be two Rubettes bands with immediate effect and named as follows:
1.1 “The Rubettes featuring Alan Williams [and other band members]”
1.2 “The Rubettes featuring Bill Hurd [and other band members]”
except that Mr Williams band is to perform as “The Rubettes” up to and including 31 December 2002.
Existing Stock & Merchandise
2. Provided Alan Williams supplies to the Defendants within 14 days a full stock list of all existing product and merchandise and memorabilia, he be permitted to sell the same notwithstanding the terms of this Agreement.
New Logo & Trade Marks
3. Each Party to produce and use “new” Rubettes logo and Trade Marks and neither party to use the current Rubettes logo or Trade Marks.
4. Mutual non-objection to registration of the new Trade Marks by other party.
5. Neither band will trade as “Rubettes” or “The Rubettes” as from 1 January 2003.
6. All future merchandise to have new logo on.
Press Release
7. The parties be entitled to put out their own Press Release regarding the settlement of the case.
Alan William’s Present Website
8. Alan Williams to change his website to reflect the terms of this Agreement by 1 January 2003.
Mutual Undertakings: Non-disparagement and Peaceful co-existence
9. Mutual undertakings by all parties not to disparage the others to third parties nor to threaten the others, but to peacefully co-exist in fair competition with each other.
Paul Prewer
10. Paul Prewer (professionally know as Paul DaVinci) agrees not to refer to himself as former lead singer of the Rubettes and to use his reasonable endeavours to prevent others from so doing.
Costs and Execution
11. Save for costs orders already paid, each party to pay their own costs of this litigation. Defendants to undertake not to enforce costs orders made but not yet enforced. Otherwise each party bears their own costs of the proceedings. No order as to the costs of the mediation
12. Parties to co-operate to dismiss claims and counterclaims for and/or against the Rubettes Ltd and the Fifth Defendant to dispose of litigation by consent order and to notify Court to stand out trial.
13. Otherwise the signatories to enter into a Tomlin Order on these terms.

CLAIM NO: HC 00 03874

IN THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

B E T W E E N : –

(1) ALAN WILLIAMS ENTERTAINMENTS IMITED
(2) ALAN WILLIAMS
Claimants

– and –

(1) RUBETTES LIMITED
(2) WILLIAM HURD
(3) ALEX BINES
(4) PAUL PREWER (pka PAUL DA VINCI)
(5) SCOTT WHITLEY
Defendants

_________________________________

ORDER
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Sheridans

14 Red Lion Square
LONDON
WC1R 4QL

Tel: 020 7775 9445
Fax: 020 7831 1376
Ref: S/012111/201