Joyce v Morrisey & Ors, Court of Appeal - Civil Division, November 06, 1998, [1998] EWCA Civ 1711

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Joyce v Morrisey & Ors, Court of Appeal - Civil Division, November 06, 1998, [1998] EWCA Civ 1711

IN THE SUPREME COURT OF JUDICATURE Case No: CHANF 97/0150/CMS3

COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

(His Honour Judge Weeks QC)

Sitting as a judge of the High Court

Royal Courts of Justice

Strand, London, WC2A 2LL

Friday 6th November 1998

B e f o r e :

LORD JUSTICE PETER GIBSON

LORD JUSTICE THORPE

LORD JUSTICE WALLER

JOYCE Respondent

v.

MORRISEY AND OTHERS Appellant

(Handed down transcript of

Smith Bernal Reporting Limited

180 Fleet Street, London EC4A 2HD

Tel: 0171 421 4040 Fax: 404 1424

Official Shorthand Writers to the Court)

MR MURRAY ROSEN QC and MR TIM PENNY (instructed by Messrs Angel & Co) appeared on behalf of the Appellants (Defendants).

MR NIGEL DAVIS QC and MR EDMUND CULLEN (instructed by Messrs Rowlands, Manchester) appeared on behalf of the Respondent (Plaintiff).

J U D G M E N T

(As approved by the court)

©Crown Copyright

LORD JUSTICE WALLER:

Introduction

"The Smiths" were a very successful pop group formed towards the end of 1982. The group was a partnership comprising 4 members: the plaintiff (Mr Joyce), the 1st defendant (Mr Morrissey), the 2nd defendant (Mr Marr), and Andy Rourke (Mr Rourke). Mr Rourke was initially a party to the litigation but settled his claim very shortly after the writ was issued. The group disbanded in 1987.

Mr Joyce was the drummer for the group. In March 1989 he issued proceedings claiming a declaration that he was a partner in "The Smiths", entitled to ¼ share of all nett profits arising out of the activities (other than songwriting or publishing) of "The Smiths". He sought an account on that basis. By order of Deputy Master Price made on 8 July 1993 it was directed that Mr Joyce's entitlement to the relief set out in paragraphs 1 - 4 of the prayer to his statement of claim be tried as preliminary issues. The trial of those preliminary issues took place between 2 - 11 December 1996 before His Honour Judge Weeks QC sitting as a judge of the Chancery Division. By the time the issues came to be tried it was not in dispute that Mr Joyce was a ...

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