herald

Sunday 17 December 2017

Rock band Lir deny claim of contract breach on tour

MEMBERS of the rock band Lir said a High Court action against them for an alleged breach of contract during their ill-fated 1995 US tour should be dismissed because of delay in getting on with proceedings.

Muchwood Management Ltd and David Reilly are suing the band over failure to fulfill a management contract which was allegedly entered into by the parties 20 years ago and renegotiated in 1994.

Lir claims there has been an inordinate and inexcusable delay by the plaintiffs in bringing the case.

The band has counterclaimed over the way the US tour was handled by the plaintiffs, claiming it was "disastrous".

It says the plaintiffs' proceedings are without merit and vexatious and they failed to discharge their obligations under the contract in relation to accommodation, travel and flights for the tour.

Ms Justice Elizabeth Dunne said she would give her decision on the delay issue at a later date.

Six people are being sued -- David McGuinness, Robert Malone, Craig Hutchinson, Colm Quearney, Ronan Byrne and Michael Spain -- while proceedings have already been discontinued against a seventh person, Samantha B Coker, who allegedly handled monies for the 1995 tour.

In an affidavit, Michael Spain said the proceedings have been hanging over their heads for 12 years and "are oppressive in the extreme" in so far as it has prevented all of them from getting on with their lives.

Kevin Brophy, solicitor for the plaintiffs, said in a replying affidavit there was delay on both sides in progressing the matter.

He also said that Mr Reilly had spent large amounts of personal funds, including money from the sale of an apartment, to fund the US tour. The loss of these funds had placed Mr Reilly in "a dire financial position", Mr Brophy said.

hnews@herald.ie

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