Joyce continued with the action, which reached the High Court of Justice (Chancery Division) in December 1996. Morrissey and Marr had accepted the previous year that Joyce and Rourke were partners, but whether Joyce was entitled to a quarter of profits “arising out of the activities (other than songwriting or publishing)” of the Smiths remained contentious. Joyce’s barrister, Nigel Davis, said that Joyce did not realise he was receiving only 10% of the profits until after the band split.
Joyce’s case reaches High Court
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