Host wins law suit for failed Van Morrison gig

by MA Reporter Veteran rocker Van Morrison's company, Exile Productions, has been ordered by London's High Court to pay £40,000 damages to a Wiltshire host who sued him over a cancelled concert. However, a personal claim against the singer was dismissed ­ and the licensee is expected to end up out of pocket as a result of being made to pay part of Morrison's legal bill. The 57-year-old Irish singer and the company, of which he is sole director and shareholder, were sued by Gary Marlow, landlord of the 17th-century Crown Hotel at Everleigh, Wiltshire, who claimed his business was ruined by Morrison's failure to attend a concert at the hotel scheduled for August last year. Marlow, who had claimed damages of up to £400,000, had told the court his business collapsed after the cancellation. However, the award represents a hollow victory for Marlow who has now been left facing a legal costs bill which is expected to outstrip this week's award. That is because he had turned down asettlement offer of more than the award. The question of costs will be decided at another hearing. Morrison's counsel, Thomas Croxford, told the court after the judgment that there had been offers to settle the case for very substantial sums "far in excess" of what the judge awarded. In those circumstances, he said his client was asking for "a substantial proportion" of his legal costs. He said any decision on costs would have far more financial effect than the decision on damages and would be likely to lead to Marlow paying Morrison rather than the other way around. In awarding damages far lower than those claimed, Mr Justice Cresswell said: "In my judgment, Mr Marlow has sought to maximise his claim without regard to the underlying realities." However, Marlow emerged from court claiming victory against one of the "kings of rock". Marlow said as he left court: "I would like to say that I am absolutely thrilled that we have taken on one of the kings of rock who has treated me and my wife appallingly and forced us into this hugely expensive action. "We have won. Unfortunately, we did not get what we should have, but nevertheless we have beaten him." Claim was too high ­ judge Mr Justice Cresswell told Marlow that his claim against Van Morrison for the cancelled gig had been excessive. He said: "I am not persuaded that there is a link between the cancellation of the concert and any reduction in turnover in the year ended 31 May 2003. "The level of Mr Marlow's drawings was excessive and demonstrates that the business was poorly managed. The cash sheets and the management accounts are probably unreliable. "I find that if the business in fact lost commercial reputation involving loss of trade, this was probably only because of the significant failures to refund sums paid in respect of tickets, timeously or at all." Mr Justice Cresswell said that of 1,370 tickets to the concert sold to the public, it would appear that only 334 refunds had been made by Marlow. He added: "Thus it would appear that Mr Marlow has failed to refund about £33,670.