A Dublin man who claims he wrote a song on one of U2′s albums has said he intends to appeal to the Supreme Court a High Court ruling that the band’s bassist Adam Clayton should not have to answer certain pretrial questions.
Maurice Kiely is suing U2 Ltd, a limited liability company linked to the band, alleging the song A Man and A Woman was written by him in 1998. He claims he performed it for US model Cindy Crawford and that it has been unlawfully included on U2′s album How to Dismantle an Atomic Bomb.
U2 Ltd denies his claims and says the lyrics were written by Bono, otherwise known as Paul Hewson, and the music composed by all four members of the band.
Mr Kiely alleges U2 was short of material for its 2004 album so he entered into an oral agreement with Mr Clayton allowing use of the song on the album on certain terms.
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The alleged terms include that the song could only be used on the album and could never be performed live by U2 or registered as their own composition, he claims.
Mr Justice Brian O’Moore last month dismissed Mr Kiely’s bid to order U2 Ltd to answer on oath pretrial questions, known as interrogatories.
In his preliminary motion, Mr Kiely wanted several questions answered by Mr Clayton and the band to answer several questions he said would assist his €12 million damages claim.
On Wednesday Mr Kiely, representing himself, told Mr Justice O’Moore he wished to appeal the decision “to the Supreme Court”. Mr Kiely said the court could decide who should pay the legal costs of his motion.
Kelley Smith SC, for U2 Ltd, said her client was successful in the application so should be awarded its legal costs.
Mr Justice O’Moore said Mr Kiely is entitled to appeal his decision to the Court of Appeal. He would need to seek permission from the Supreme Court if he wants his appeal heard by that court, the judge added. U2 Ltd is entitled to its costs of the motion.
The judge paused the activation of the costs order until Mr Kiely’s case has been fully determined in the High Court.
The judge was concerned about the progression of the case, which was initiated more than two years ago. He adjourned the matter to a date in July, when “we can see where we are”.
In his ruling, Mr Justice O’Moore held that the plaintiff’s application should fail due to the nature of the questions posed by Mr Kiely. The interrogatories are inappropriate and not ones the court should compel U2 Ltd to answer, he said.
He added that some of the interrogatories have “nothing whatsoever to do with” Mr Kiely’s case.
Mr Kiely should have secured court permission to serve U2 Ltd with his interrogatories, the judge said, adding that the application should also fail on this ground.
