A daughter of the late Irish traditional singer and composer, Delia Murphy, who is suing the Walton group of music companies, may only pursue royalty claims due on her mother's songs under agreements made in 1939 and 1950, the High Court decided yesterday.
Ruling on an application by Waltons to dismiss the entire action brought by Dr Orla Browne, Marathon, Killiney Avenue, Co Dublin, Mr Justice Kelly struck out most of the claims.
While he found Dr Browne could seek any royalties still due under agreements made by her mother with Waltons between 1939 and 1950, any other claim for damages, fraud, breach of trust or breach of contract should not proceed to trial. He noted that Waltons was understandably distressed to find an allegation of fraud being made against it.
As the legal representative of her mother, who died in 1971, Dr Browne had brought the action against Waltons Piano and Musical Instruments Galleries (Publications Department), North Frederick Street, Dublin.
The Walton group stated it first knew about Dr Browne's claim when it received a letter from her solicitor in 1999. As a gesture of goodwill, the group paid £5,000 on account for royalties due to Ms Murphy's estate and was attempting to get details of any royalties which might be due.
The Walton group had applied to have the claim struck out on the grounds that there had been unreasonable, prejudicial and inexcusable delay by Dr Browne in bringing the proceedings. Alternatively, it argued the proceedings demonstrated no cause of action.
Mr Justice Kelly said the claim by Dr Browne fell into three parts. The first related to an agreement made in 1939 between Ms Murphy and Waltons and concerned 13 musical compositions including such well-known songs as The Spinning Wheel, The Moonshiner and Coortin' in the Kitchen.
A 1950 agreement between Ms Murphy and Waltons concerned royalties on songs such as The Connemara Cradle Song and If You Will Marry Me.
Dr Browne alleged that Ms Murphy had assigned to Waltons the copyright for all countries in the two agreements and the consideration was the payment of 50 per cent of all royalties.
Mr Justice Kelly said that, on any view, the start of proceedings in June 2001 seeking to enforce agreements made in 1939 and 1950 constituted inordinate delay. It was significant there was no suggestion that Ms Murphy herself had sought to enforce the agreements during her lifetime.
Waltons had acknowledged execution of the 1939 agreement and had behaved in an honourable way by making a payment of £5,000 on account of royalties as a gesture of goodwill in February 2000. Given that the two agreements were admitted and that there were still records from which appropriate royalties could be calculated, Mr Justice Kelly said Dr Browne could continue in respect of those agreements but could only seek to have account taken of royalties due. Waltons had made it clear it was willing to pay any royalties which might be due and that had already been done in part.
Insofar as Dr Browne might be attempting to seek redress in respect of fraud concerning the agreements, Mr Justice Kelly said he was satisfied such claims should not be allowed to stand. It would be grossly prejudicial to Waltons to have to deal with these claims after such a long time and in the absence of two of the Waltons.
The judge struck out a third claim over 63 musical works, including songs such as Let Him Go Let Him Tarry, Thank You Ma'am says Dan and Down by The Glenside. He said this part of Dr Browne's claim was "extraordinary". Her statement made it clear she had no knowledge of any agreement over these works and had said she suspected that before her mother's death Waltons got royalties but did not pay them over.
Dr Browne could not give evidence of any such agreement and had speculated on its existence. How could Waltons possibly deal with those speculations, he asked.