Morrissey and Marr testify at trial

Morrissey and Marr – who were represented separately at the trial – insisted that the royalty split had been explained to Rourke and Joyce, though they were no longer sure when. Additionally, this agreement was only discussed verbally and it was never legally written on paper, something Marr came to regret. He said in 2004 that although he had no regrets in breaking up the Smiths, he wished the band had signed legal documents “from the word go” to avoid the later financial disagreements. As Marr’s counsel, Robert Englehart, said, “Some 13 years on it is extremely difficult to pinpoint the moment when the 40:40:10:10 profit split came into being … But Morrissey and Marr acted throughout on the basis that they would be getting 40 percent each of the net profits from the Smiths’ earnings.”