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Dedicated to the work of Michael Powell and Emeric Pressburger and all the other people, both actors and technicians who helped them make those wonderful films.

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Typed by Linda Cupples

Thursday March 10 1938

Law Report, March 9

HIGH COURT OF JUSTICE
Chancery Division
"THE EDGE OF THE WORLD"
Copyright and Contract Dispute
MacGregor v. Powell and Others
Before Mr. Justice Morton

    His Lordship began the hearing of an action in which Mr. Alasdair Alpin MacGregor, of Paulton Square, Chelsea, S.W., author, claims against Mr. Michael Powell, of Bloomsbury Street, W.C., Rock Studios, Limited, of Astor House, Aldwych, W.C., and British Independent Exhibitors (Distribution) Co., Limited, of Arlington Street, S.W., an injunction to restrain the defendants from exhibiting or permitting to be exhibited the film The Edge of the World or copies thereof in alleged breach of the plaintiff's copyright, an account of all moneys and profits received by the defendants in respect of the sale, hire, performance, or exhibition of the film or copies thereof, and payment of the amount, and delivery up of the film and all copies thereof. And he claims against the first and second named defendants damages for alleged breach of contract, alleging a contract that he was to be employed by them to assist in the preparation of a script for, and in the making of, a film based on his book, "A Last Voyage to St. Kilda." He contends that they had infringed his copyright of the book by reproducing and authorising the reproduction, without his consent, of substantial parts of it in the film entitled The Edge of the World.

    The defendants deny that they had infringed the plaintiff's copyright in the book, and the first and second named defendants deny that any contract had been made between them and the plaintiff.

    Mr. C.S. Rewcastle, K.C., and Mr. J.R. Olgilvie Jones appeared for the plaintiff: Mr. Geoffrey W. Tookey and Mr. Russell Clarke for the defendants.

    Mr. Rewcastle said that it was alleged that the contract was in respect of an agreement to employ the plaintiff in the production of the film. In 1930 the inhabitants of St. Kilda were evacuated because it was found that the struggle to maintain life there was more than they could face. The islanders were evacuated from the island by the Government, and were settled on the mainland of Scotland.

    Mr. MacGregor was a well-known writer on Scottish and Gaelic matters, and was a particularly well-known authority on Gaelic music and Scottish legends.

A HIGHLAND FUNERAL

    There was an occasion on which Mr. MacGregor went to Mr. Powell's flat to luncheon. Mr. MacGregor's book was lying on the couch. The matter was discussed, both then and on later occasions. Mr. MacGregor suggested that the name of the film should be The Edge of the World, a phrase which occurred several times in his book. Mr. MacGregor suggested that there should be a Highland funeral, and that was reproduced in the film.

    Leave to make the film on St. Kilda was refused by Lord Dumfries, and the film was made on another island, Foula. The film was described as "An original story by Michael Powell, based upon the book by A.A. MacGregor."

    Mr. MacGregor contended that the film was taken straight out of his work, and that the defendants, having invited him to cooperate in the preparation of the film, accepted his suggestions and his help and then did not employ him at all. In the book was a description of a service which he (counsel) suggested was the basis of an episode in the film. Mr. Powell had never been to St. Kilda.

    The visit of the factor was described several times in Mr. MacGregor's book. Another similarity was the feud between trawler-men and men on the island, who said that the trawlers spoilt their fishing.

    Mr. Tookey said that Mr. Rewcastle was referring to a draft scenario which was entirely different from the film as made. The draft scenario was made at a time when it was hoped that Mr. Powell would work in collaboration with Mr. MacGregor. Anything which might be regarded as an infringement of Mr. MacGregor's copyright was taken out of the script of the film when the arrangements for Mr. MacGregor's cooperation fell through. They fell through owing to the fact that the defendants could not get permission to make the film on St. Kilda.

    Mr. Rewcastle submitted that there was nothing in the scenario, apart from love scenes, which did not come from Mr. MacGregor's book or from verbal suggestions by him.

    Counsel referred to the correspondence, and said that Mr. MacGregor was informed that the film had been abandoned. He (counsel) suggested that that was a deception and that the film was not abandoned.

    Mr. Justice Morton said that he could follow the evidence more easily after seeing the film, and he arranged with counsel to see it at a private film studio in Wardour Street tomorrow (Thursday) morning.

    The hearing was adjourned.

    Solicitors - Messrs. Cliftons; Messrs. Hugh V. Harraway and Son; Messrs. Capel Cure, Glynn, Barton and Co., Messrs. E.P. Rugg and Co.

 


 

Friday March 11 1938

HIGH COURT OF JUSTICE
Chancery Division
"The Edge of the World":
Copyright and Contract Dispute
MacGregor v. Powell and Others
Before Mr. Justice Morton

    The hearing was continued of the action in which Mr. Alasdair Alpin MacGregor, of Paulton Square, Chelsea, S.W., author, claims against Mr. Michael Powell, of Bloomsbury Street, W.C., Rock Studios, Limited, of Astor House, Aldwych, W.C., and British Independent Exhibitors (Distribution) Co., Limited, of Arlington Street, S.W., an injunction to restrain the defendants from exhibiting or permitting to be exhibited the film The Edge of the World or copies thereof in alleged breach of the plaintiff's copyright, an account of all moneys and profits received by the defendants in respect of the sale, hire, performance, or exhibition of the film or copies thereof, and payment of the amount, and delivery up of the film and all copies thereof. And he claims against the first and second named defendants damages for alleged breach of contract, alleging a contract that he was to be employed by them to assist in the preparation of a script for, and in the making of, a film based on his book, "A Last voyage to St. Kilda," and says that they, having invited him to cooperate in the preparation of the film, accepted his suggestions and his help, and then did not employ him at all. He contends that they had infringed his copyright of the book by reproducing and authorising the reproduction, without his consent, of substantial parts of it in the film entitled The Edge of the World.

    The defendants deny that they had infringed the plaintiff's copyright in the book, and the first and second named defendants deny that any contract had been made between them and the plaintiff.

    Mr. C.S. Rewcastke. K.C., and Mr. J.R. Ogilvie Jones appeared for the plaintiff: Mr. Geoffrey W. Tookey and Mr. Russell Clarke for the defendants.

    His Lordship saw the film this morning and the hearing was resumed.

    Mr. MacGregor, the plaintiff, giving evidence, said that he was an author, that he was born in the Highlands of Scotland, had lived in Scotland until 10 years ago, and had spent the whole of his childhood in the Highlands. He first knew St. Kilda in his childhood. When St. Kilda was to be evacuated The Times appointed him its Special Correspondent to report the evacuation. He went to St. Kilda in the autumn of 1930 and stayed there 10 or 11 days. He wrote "A Last Voyage to St. Kilda" when he came back. At that time he had never met Mr. Powell. He first met him at the Gainsborough Studios, and they discussed the making of a film from the book. There was another meeting at Mr. Powell's flat, when Mr. Powell asked him if he had any objection to his using the book for the purpose of making a film. He (the witness) said that he had no such objection provided that his rights in the matter would be recognised and protected and that he should be given some editorial control in the production of the film.

    English producers, continued the witness, very often made a hash of Scottish things. For instance, they thought nothing of introducing a motor-car into a film of Prince Charlie.

"CONQUEST OF MAN BY NATURE"

    In the event of the film's being successful, the profit was to be distributed among a minimum number of people. The details of the film were thoroughly discussed. He suggested the name of the film, and told Mr. Powell that, in his view, the film should show the conquest of man by Nature in an age when man could boast that he was able to fly round the world in a few days. Mr. Powell thought that that was an excellent suggestion. He (the witness) suggested that the opening of the film should depict a boat arriving at "the edge of the world." He impressed on Mr. Powell that one of the conditions on which Mr. Powell had his cooperation was that there should be no terrifying, killing, or shooting of animals.

    There was on St. Kilda what was called "The Lovers' Stone." In olden times a bridegroom, to show his prowess and worthiness to marry a girl on the island, had to show himself brave enough to make some physical demonstration on that stone, which stood nearly 500ft. sheer above the Atlantic. Mr. Powell said that there would have to be some "love stuff" in the film. He (the witness) understood that for box office purposes that would be necessary.

    Mr. MacGregor said that he anticipated difficulty in obtaining permission to make the film on St. Kilda and suggested that it should be made on Mingulay, one of the Outer Hebrides, an island which had been evacuated in 1910. He also suggested that the film should carry a Celtic musical background and that the Eriskay Love Lilt should be sung. That song was heard in the film several times. He had broadcast a good deal on the subject of Gaelic music. Mr. Powell flattered him by adding that he had observed from the photographs in the book that he (the witness) had, in addition to his technical knowledge of the subject-matter, some special knowledge of photography, and said that he thought that he (the witness) would be able to assist in the actual photography of the film, particularly of the rock scenery and the seascapes. During the interview Mr. Powell shook him by the shoulders and said: "MacGregor, this is a marvelous idea. We will see it through together."

    In May 1936, he (the witness) received a letter stating that the matter was "off," and Mr. Powell, in a telephone conversation, said that he thought that the project should be abandoned. After receiving a further letter form Mr. Joe Rock he (the witness) believed that the project was "off."

    Cross-examined by Mr. Tookey, Mr. MacGregor said that one of Mr. Powell's chief suggestions was an unmarried pregnancy in the love interest of the film. He (the witness) indicated that he disapproved of that suggestion.

    The hearing was adjourned.

    Solicitors - Messrs. Cliftons; Messrs. Hugh V. Harraway and Son; Messrs. Capel Cure, Glynn, Barton and Co.; Messrs. E.P. Rugg and Co.

 


 

Saturday March 12 1938

HIGH COURT OF JUSTICE
Chancery Division
"The Edge of the World":
Copyright and Contract Dispute
MacGregor v. Powell and Others Before Mr. Justice Morton

    The hearing was continued of the action in which Mr. Alasdair Alpin MacGregor, of Paulton Square, Chelsea, S.W., author, claims against Mr. Michael Powell, of Bloomsbury Street, W.C., Rock Studios, Limited, of Astor House, Aldwych, W.C., and British Independent Exhibitors (Distribution) Co., Limited, of Arlington Street, S.W., an injunction to restrain the defendants from exhibiting or permitting to be exhibited the film The Edge of the World or copies thereof in alleged breach of the plaintiff's copyright, an account of all moneys and profits received by the defendants in respect of the sale, hire, performance, or exhibition of the film or copies thereof, and payment of the amount, and delivery up of the film and all copies thereof. And he claims against the first and second named defendants damages for alleged breach of contract, alleging a contract that he was to be employed by them to assist in the preparation of a script for, and in the making of, a film based on his book, "A Last voyage to St. Kilda," and says that they, having invited him to cooperate in the preparation of the film, accepted his suggestions and his help, and then did not employ him at all. He contends that they had infringed his copyright of the book by reproducing and authorising the reproduction, without his consent, of substantial parts of it in the film entitled The Edge of the World.

    The defendants deny that they had infringed the plaintiff's copyright in the book, and the first and second named defendants deny that any contract had been made between them and the plaintiff.

    Mr. C.S. Rewcastke. K.C., and Mr. J.R. Ogilvie Jones appeared for the plaintiff: Mr. Geoffrey W. Tookey and Mr. Russell Clarke for the defendants.

    Continuing his cross-examination of Mr. MacGregor, Mr. Tookey suggested that the refusal of Lord Dumfries to allow the film to made on St Kilda put an entirely different complexion on the matter. Mr. MacGregor said that that was not so. It was true that the refusal meant a certain rearrangement, but, so far as concerned his (the witness's) copyright, and his taking part in the shooting of the film, it made no difference whatever. He agreed that the draft scenario contained no reference to a funeral. He was not concerned to remember whether the funeral which appeared in the film was that of an old lady, or of "Robbie" who fell over a cliff. Mr. Powell was in a very fortunate position if he was able to arrange that a death which had taken place on Foula should suit his scenario. He (the witness) hoped that they did not film the actual funeral, because that was a thing which would have given great annoyance.

    Mr. Tookey said that there was no suggestion that an actual funeral had been filmed. He asked whether the phrase "gone over" was commonly used on St. Kilda.

    The witness said that Gaelic communities, particularly superstitious ones, did not refer to death boldly as "death" but used the Gaelic equivalent of a phrase like "gone over."

    He was basing his claim on a suggestion that Mr. Powell had taken some of the actual language of the book in that he used, if not the actual language, very obvious adaptations of it.

    In re-examination, Mr. MacGregor said that there was one little point in the film where an incident was shown which might not have happened on St. Kilda. It took a very long time in those communities before a child born out of wedlock was accepted in the community. The feature of the film which was not quite true was that all of a sudden people were found dancing and flitting round a child so born.

    That concluded the plaintiff's case.

THE DEFENCE

    Mr. Michael Powell, giving evidence, said that he was a film director and had been in the film business since 1925. He first conceived the idea of making a film about St. Kilda when he read a small item in a newspaper about the evacuation. He followed that up by reading all that he could in the papers. He then saw a page of pictures of St. Kilda in the Sphere.

    He had worked out a story in which a conflict arose from division of opinion in the island on the question whether the island should or should not be evacuated. He had "figured out" two families against one another, and then internal dissension within those families - a very simple scheme. It was possible that he met Mr. MacGregor at his (the witness's) flat, but he did not remember that interview. He wrote the draft scenario of the film from all the sources of information which he had read, including Mr. MacGregor's book. He needed a big thrill in the middle of the story, and he decided to use the idea of two young men racing up the cliff and one of them dying.

    In 1936 he was working for Mr. Joe Rock at Elstree, and he interested Mr. Rock in the idea of making the film.

    He had telephone conversations with Mr. MacGregor, but had no recollection of what they were about. There was a meeting at Bloomsbury Street, when Mr. MacGregor put him right on several technical points about the island. He offered Mr. MacGregor £200 for his assistance, during the whole summer, in making the film, but Mr. MacGregor refused the offer.

    The musical accompaniment to the film made by the Glasgow Orpheus Choir was suggested to him when he was on Foula.

    Cross-examined, Mr. Powell said that he told Mr. MacGregor that he was going to base the proposed film partly on the book "A Last Voyage to St. Kilda" and partly on other authorities. He had no recollection of interviewing Mr. MacGregor at his flat while he was in his bedroom slippers or lying on a divan in the room. Mr. MacGregor never put forward a "story suggestion" or criticized the story which he (the witness) prepared.

    The producer of a film was a man who found the money, employed the director, paid everybody, and was responsible for delivering the finished picture to the people who would sell it. The director actually made the film.

    He thought that it would have been more straightforward to tell Mr. MacGregor that he had taken on another technical adviser.

    The hearing was adjourned until Tuesday.

    Solicitors-Messrs. Cliftons; Messrs. Hugh V. Harraway and Son; Messrs. Capel Cure, Glynn, Barton and Co.; Messrs. E.P. Rugg and Co.

 


 

Thursday March 16 1938

LAW REPORT, MARCH 15

HIGH COURT OF JUSTICE
Chancery Division
"THE EDGE OF THE WORLD"
Copyright and Contract Dispute
MacGregor v. Powell and Others
Before Mr. Justice Morton

    The hearing was continued of the action in which Mr. Alasdair Alpin MacGregor, of Paulton Square, Chelsea, S.W., author, claims against Mr. Michael Powell, of Bloomsbury Street, W.C., Rock Studios, Limited, of Astor House, Aldwych, W.C., and British Independent Exhibitors (Distribution) Co., Limited, of Arlington Street, S.W., an injunction to restrain the defendants from exhibiting or permitting to be exhibited the film The Edge of the World or copies thereof in alleged breach of the plaintiff's copyright, an account of all moneys and profits received by the defendants in respect of the sale, hire, performance, or exhibition of the film or copies thereof, and payment of the amount, and delivery up of the film and all copies thereof. And he claims against the first and second named defendants damages for alleged breach of contract, alleging a contract that he was to be employed by them to assist in the preparation of a script for, and in the making of, a film based on his book, "A Last Voyage to St. Kilda." He contends that they had infringed his copyright of the book by reproducing and authorizing the reproduction, without his consent, of substantial parts of it in the film entitled The Edge of the World.

    The defendants deny that they had infringed the plaintiff's copyright in the book, and the first and second named defendants deny that any contract had been made between them and the plaintiff.

    Mr. C.S. Rewcastle, K.C., and Mr. J.R. Olgilvie Jones appeared for the plaintiff: Mr. Geoffrey W. Tookey and Mr. Russell Clarke for the defendants.

    Continuing his cross-examination of the defendant, Mr. Powell, Mr. Rewcastle asked whether it was not the case that the film was such a success that it was demonstrated at Balmoral specially, as her Majesty was interested in Scottish scenes.

    Mr. Powell said that that was so, but he was not present when the film was shown at Balmoral. [Their first Royal Command Film? ] The main story of the film was his own work. He wrote a book of his own, entitled "200,000 Feet on Foula."

    The first time that he thought, in connexion with the film, of the incident of people dozing off during the sermon was, he thought, when he read Mr. MacGregor's book. He did not agree that it was necessarily men rather than women who generally went to sleep during a sermon. On the island the women worked harder than the men. It was probable that he got from Mr. MacGregor's book the idea of the elder of the kirk's being also fisherman, factor, agent, and postman. The idea of "the Lovers' Stone" came to him after seeing a photograph in an illustrated newspaper. He had written five or six original stories for films, including "The Fire Raisers" and "The Red Ensign."

    Mr. Lawrence Alasdair Staughton Holbour, of Penkact Castle, Edinburgh, said that he had a house in Foula and took an intelligent interest in Foula. Not being busy at the time, he thought that the idea of a paid holiday on Foula was attractive, and went there with the film expedition as technical adviser. Besides being technical adviser, he also looked after the ponies, sailed yachts, and helped in every way he could.

    The phrase "gone over," which occurred in the film, was known on Foula, and the tune "The Wiltshire," which was heard in the film, was the tune most commonly used by the islanders for the singing of the twenty-third psalm.

    Mr. John Seabourne, a film editor, of Walton-on-Thames, then gave evidence, and the case for the defence was concluded.

    The hearing was adjourned.

    Solicitors-Messrs. Cliftons : Messrs. Capel, Cure, Glynn, Barton and Co.; Messrs. Hugh V. Harraway and Son; Messrs. E.P. Rugg and Co.

 


 

Thursday March 17 1938

HIGH COURT OF JUSTICE
Chancery Division
"THE EDGE OF THE WORLD"
Copyright and Contract Dispute
MacGregor v. Powell and Others
Before Mr. Justice Morton

    The hearing was continued of the action in which Mr. Alasdair Alpin MacGregor, of Paulton Square, Chelsea, S.W., author, claims against Mr. Michael Powell, of Bloomsbury Street, W.C., Rock Studios, Limited, of Astor House, Aldwych, W.C., and British Independent Exhibitors (Distribution) Co., Limited, of Arlington Street, S.W., an injunction to restrain the defendants from exhibiting or permitting to be exhibited the film The Edge of the World or copies thereof in alleged breach of the plaintiff's copyright, an account of all moneys and profits received by the defendants in respect of the sale, hire, performance, or exhibition of the film or copies thereof, and payment of the amount, and delivery up of the film and all copies thereof. And he claims against the first and second named defendants damages for alleged breach of contract, alleging a contract that he was to be employed by them to assist in the preparation of a script for, and in the making of, a film based on his book, "A Last voyage to St. Kilda," and says that they, having invited him to cooperate in the preparation of the film, accepted his suggestions and his help, and then did not employ him at all. He contends that they had infringed his copyright of the book by reproducing and authorizing the reproduction, without his consent, of substantial parts of it in the film entitled The Edge of the World.

    The defendants deny that they had infringed the plaintiff's copyright in the book, and the first and second named defendants deny that any contract had been made between them and the plaintiff.

    Mr. C.S. Rewcastke. K.C., and Mr. J.R. Ogilvie Jones appeared for the plaintiff: Mr. Geoffrey W. Tookey and Mr. Russell Clarke for the defendants.

    During the course of his final speech Mr. Rewcastle said that he asked for leave to amend the pleadings by stating that the plaintiff claimed reasonable remuneration for services which he had rendered to Mr. Powell, as well as damages for alleged breach of contract.

    Mr. Justice Morton directed that the proposed amendments should be submitted to the defendants as soon as possible after the Court had risen, and said that he would consider the application to amend tomorrow.

    The hearing was adjourned.

    Solicitors - Messrs. Cliftons : Messrs. Capel, Cure, Glynn, Barton and Co.; Messrs. Hugh V. Harraway and Son; Messrs. E.P. Rugg and Co.

 


 

Thursday March 18 1938

HIGH COURT OF JUSTICE
Chancery Division
"THE EDGE OF THE WORLD"
Copyright and Contract Dispute
MacGregor v. Powell and Others
Before Mr. Justice Morton

    His Lordship dismissed the action in which Mr. Alasdair Alpin MacGregor, of Paulton Square, Chelsea, S.W., author, claimed against Mr. Michael Powell, of Bloomsbury Street, W.C., Rock Studios, Limited, of Astor House, Aldwych, W.C., and British Independent Exhibitors (Distribution) Co., Limited, of Arlington Street, S.W., an injunction to restrain the defendants from exhibiting or permitting to be exhibited the film The Edge of the World or copies thereof in alleged breach of the plaintiff's copyright, an account of all moneys and profits received by the defendants in respect of the sale, hire, performance, or exhibition of the film or copies thereof, and payment of the amount, and delivery up of the film and all copies thereof. And he claimed against the first and second named defendants in respect of the sale, hire, performance or exhibition of the film or copies thereof, and payment of the amount, and delivery up of the film and all copies thereof. And he claimed against the first and second named defendants damages for alleged breach of contract, alleging a contract that he was to be employed by them to assist in the preparation of a script for, and in the making of, a film based on his book "A Last Voyage to St. Kilda," and said that they, having invited him to cooperate in the preparation the film, accepted his suggestions and his help, and then did not employ him at all. He contended that they infringed his copyright of the book by reproducing and authorizing the reproduction, without his consent, of substantial parts of it in the film entitled The Edge of the World.

    The defendants denied that they infringed the plaintiff's copyright in the book, and the first and second named defendants denied that any contract had been made between them and the plaintiff.

    Mr. C.S. Rewcastle, K.C., and Mr. J.R. Ogilvie Jones appeared for the plaintiff; Mr. Geoffrey W. Tookey and Mr. Russell Clarke for the defendants.

    His Lordship considered the application of behalf of the plaintiff for leave to amend the pleadings by stating that the plaintiff claimed reasonable remuneration for services which he had rendered to Mr. Powell, as well as damages for alleged breach of contract, and informed counsel that he had now read the proposed amendments.

    Mr. Tookey said that he objected most strongly to the amendments. The application was made after the evidence and during the final speech, and to allow amendments of that kind at that stage was surely unprecedented. No new facts had been brought to the plaintiff's notice, and he must be assumed to have known what story he was going to tell at the trial. If the amendments were allowed he (counsel) would apply for leave further to cross-examine the plaintiff and to put Mr. Powell in the box again.

    Mr. Justice Morton said that if counsel for the defendants would have conducted his case differently had the pleadings been in the form in which the proposed amendments, if allowed, would leave them, he did not think it right to allow the amendments at that stage.

JUDGEMENT

    Mr. Justice Morton, in giving judgment, said that the book "A Last Voyage to St. Kilda" was a very pleasant book, and was a storehouse of information. It was largely a compilation of information, and also contained an account of Mr. MacGregor's own experiences in St. Kilda shortly before its evacuation in 1930.

    The evidence of the interview in May, 1934, at Mr. Powell's flat in Hallam Street showed that Mr. MacGregor and Mr. Powell intended that a film based on the book "A Last Voyage to St. Kilda" should be made. But in his (his Lordship's) view there was not after the interview, any binding obligation on either of them. He thought it likely that Mr. MacGregor helped in the story with one or two suggestions, but he saw no reason why Mr. Powell, with his experience, should have drawn largely on Mr. MacGregor for help in writing the story. There was no doubt at all that the book "A Last Voyage to St. Kilda" was of great assistance to Mr. Powell in writing the scenario, and it might also be that Mr. MacGregor's suggestions were of some assistance, though to nothing like the same extent as the book.

    Lord Dumfries blankly refused to allow the film to be made on St. Kilda. To get St. Kilda Mr. Powell was prepared to appoint Lord Dumfries technical adviser. However, Lord Dumfries would have none of it. The film was made on the island of Foula, and Mr. MacGregor was dropped out entirely. An endeavour was made to keep Mr. MacGregor in the dark as to the position. In his (his Lordship's) view the defendants were never bound to employ Mr. MacGregor, but he thought that the letters which were written showed rather an uneasy conscience in the matter.

    In his (his Lordship's) view the film was not a dramatization of a compilation at all. The idea underlying the film was the steady pressure of circumstances driving the islanders to evacuation, and a contest between those who wished to go and those who wished to stay. The life depicted was, in substance, life on Foula, and there were, in the film, echoes of facts and incidents which appeared in the book. But he had reached the conclusion that any incident which owed their appearance in the film to Mr. MacGregor's book were too few and unsubstantial to render the film a dramatization of a compilation. He could not find, therefore, that any film based on the plaintiff's book had in fact ever been made. The result was that the action failed on both branches of the case and must be dismissed. He ordered the plaintiff to pay the costs of the defendant British Independent Exhibitors (Distribution) Company, Limited, but made no order as to the costs of Mr. Powell and Rock Studios, Limited.

    Solicitors - Messrs. Cliftons: Messrs. Capel Cure, Glynn Barton and Co., Messrs. Hugh V. Harraway and Son, and Messrs. E.P. Rugg and Co.


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