Mojo Magazine, Feb. 1997
article by Johnny Rogan

submitted by Rachel Mckeon, reprinted without permission


 
 
 
 
 
 
 
 
 
 

 

 

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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




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