Concert promoter MCD has secured a court order allowing it to pursue pop superstar Prince throughout the EU in an effort to execute a €2.2 million judgment order obtained against him over cancellation of his 2008 Dublin gig.
Rossa Fanning, for MCD, said today his client is also considering applying to enforce the judgment order in the US.
Mr Justice Peter Kelly granted Mr Fanning’s application for a European Enforcement Order against the star, Prince Rogers Nelson, arising from the entry of €2.2 million judgment against him on March 26th last.
That judgment was entered on consent of Prince after a settlement - agreed on February 26th last - of MCD’s case over the cancellation of his Croke Park gig was not implemented.
The EEO means MCD can seek income received by Prince in any European countries from concerts or other sources to satisfy the judgment.
Mr Fanning said his side had indicated, when applying for the judgment order on March 26th, they may also seek a EEO and had sought liberty to apply in that regard. He was now making that application on an ex parte basis.
Counsel then read an affidavit from a solicitor for MCD outlining the background to the case and the making of the judgment order.
Mr Justice Kelly said he was satisfied counsel had accurately summarised the case and that it was appropriate to make the EEO sought. On the application of Mr Fanning, he also awarded costs of today’s application in the sum of €5,000, plus VAT, against Prince.
MCD had brought its action against Prince Rogers Nelson, Minneapolis, Minnesota, and William Morris Entertainment Endeavour LLC, Beverly Hills, California, over the cancellation of the concert set for Croke Park in June 2008.
The judgment order for €2.2 million was made against Prince only and the action against William Morris was struck out. Proceedings against an agent of William Morris were struck out at an earlier stage.
MCD had claimed it only learned of the cancellation of the June 16th 2008 concert at Dublin’s Croke Park less than two weeks before that date. Tens of thousands of fans demanded refunds as a result.
The pop star had claimed the William Morris Agency had no authority to bind him to the gig but they denied that and argued they acted as agents for the artist under an agreement of August 2005 and had authority to negotiate on his behalf for the purpose of booking gigs.
The agency claimed the decision to cancel the Dublin event was outside its control and denied negligence, breach of duty and misrepresentation. WMEE said it had believed the Dublin gig was confirmed by Prince in late February.
Prince did not appear before the hearing to give evidence but provided a witness statement saying he had “considered” performing several dates as part of a European tour to coincide with the release of a new album.
He said his assistant, through whom all correspondence was made, and the agency, “would have known” he was “confirming” he found the Dublin concert “acceptable” as part of a proposed European tour which “was still in the negotiation phase”.
The court heard, at the end of 2007, there were offers of $22 million for seven performances across Europe but the tour did not go ahead. The agency said it was only made aware Prince would not be performing the Dublin concert in early June 2008, when two of its representatives held a meeting with the artist.
The agency said no “specific” reason was given why Prince wished to cancel but he spoke about there being no other European dates. Prince, the court was told, became “very agitated” and said it was the agency’s “problem” as they had got him “into this mess”.