For seven years, rumour had it that Mike Joyce
and Andy Rourke were suing Morrissey and Johnny
Marr for an equal share of The Smiths' earnings.Finally, on December 2, Morrissey, Marr,
Joyce and Rourke arrived at the High Court in
central London - the first time all four Smiths
had been in the same room since the sessions for
Strangeways Here We Come at the Wool Hall, Bath,
in the spring of 1987. The case lasted 10 days
and provided some fascinating insights into the
chaotic business practices that typified The
Smiths' five-year history.
Although Morrissey and Marr
argued that Joyce and Rourke knew they were on a
10 per cent royalty as early as November 1983,
the rhythm section insisted that they did not
discover this arrangement until after the
break-up of the group. No written agreements were
made to reflect the precise division of income,
so most of the case was spent poring over
accounts, tax returns, solicitors' letters, and
often conflicting testimonies from the four
Smiths.
Morrissey was visibly worn down
by cross-examination, and during a break in
proceedings told me,"I feel like I'm aging
10 years by the hour."
Deciding which party to believe
was part of the fun. Marr insisted that Joyce
knew he was on 10 per cent, and had mentioned
improving that percentage while they were
watching Top Of The Pops at the drummer's home.
Indeed, Marr recalled phoning Morrissey on the
subject that same evening. Unfortunately,
Morrissey had no recollection of this call, while
Joyce denied that Marr had even watched the
programme at his house. On the penultimate day of
the hearing, Judge Weeks told Marr's Counsel,
"It's Top Of The Pops, or nothing."
Later that afternoon, His Lordship announced,
much to everyone's surprise, that he would give
his judgement the following morning.
Morrissey was conspicuous by
his absence, which was probably just as well.
Judge Weeks described the plaintiffs Joyce and
Rourke as "straightforward and honest",
but damned Morrissey as "devious, truculent
and unreliable when his own interests were at
stake." Marr, despite his "engaging
personality", fared little better in the
Judge's summation and was said "to be
willing to embroider his evidence to a point
where he became less credible." Outside
court 62, Marr left hurriedly, flanked by his
solicitors, while Joyce was pinned against a
window by a posse of press people. "This was
never about money," he protested. "It
will not change my lifestyle but it will secure
the future for my wife and children." His
solicitor Liam McNeill estimated the judgement
was worth around £1 million, while the costs
awarded against Morrissey and Marr were thought
to be about £250,000.
It remains to be seen whether
Andy Rourke will decide to follow Joyce's action
by attempting to reopen a claim that he
previously settled by accepting £83,000 already
owed and 10 per cent of all future royalties, bar
publishing. "I can't live with it," he
told me during the lead-up to the case. "It
needs sorting out. It's just something that as I
get older I can't live with. Maybe it was
Morrissey's idea, but Johnny went along with it.
It's alright blaming it on Moz, but Johnny's made
fortunes from it. Me and Mike never begrudged
them the publishing. We at least deserved a
quarter of the performing royalties."
Johnny
Rogan
return to Morrissey-solo
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