Morrissey loses Smiths London court appeal

LONDON, Nov 6 (Reuters) - Stephen Morrissey, lugubrious singer of the cult rock group The Smiths, lost an appeal on Friday against a British High Court ruling that he had short-changed two other members of the 1980s chart-toppers.

The ruling by three senior appeal judges leaves Morrissey and Smiths co-founder Johnny Marr facing a possible pay-out in the region of one million pounds ($1.66 million) and a hefty legal bill.

The long-running legal battle revolved around the division of the group's profits. Morrissey and Marr took 40 percent each while fellow-members Mick Joyce and Andy Rourke received only 10 percent each.

The High Court ruled in 1996 in a claim brought by drummer Joyce -- bass-player Rourke had settled out of court -- that this was unfair. It heard that Morrissey regarded Rourke and Joyce as ``replaceable as parts of a broken-down lawnmower.''

Morrissey and Marr were the creative force behind the Smiths, whose melancholic lyrics and haunting melodies struck a chord with society's marginalised and insecure.

Lawyers for Morrissey argued that the judge in the original hearing reached his conclusion wrongly and had made a gratuitous attack on the singer, describing him as ``devious, truculent and unreliable.''

Lord Justice Peter Gibson said on Friday the judge's criticism had ``understandably rankled'' with Morrissey but he found that the judge had dealt properly with the case.

Morrissey can still appeal to the House of Lords, the top appeal court for England and Wales.

($1-.6013 Pound) ^REUTERS@