The family behind theWalton group of companies are distressed by allegations of fraud made in proceedings taken by a daughter of the late traditional singer and composer, Delia Murphy, the High Court was told yesterday.
Dr Orla Browne, Killiney Avenue, Killiney, Co Dublin, has brought an action as legal representative of Ms Murphy, who died in 1971, against Walton's Piano and Musical Instruments Galleries (Publications Department) Ltd, North Frederick Street, Dublin.
Dr Browne is claiming 50 per cent of the royalties on some of her mother's songs, dating back to 1939.
Mr Justice Kelly adjourned to today an application by Waltons to strike out Dr Browne's action on grounds of delay and as showing no cause of action. The judge also adjourned an application by Dr Browne for all documents since 1939 detailing royalties.
Dr Browne claims a written agreement was made on February 1st, 1939, when Delia Murphy assigned to Waltons the full copyright relating to 13 musical compositions for all countries.
The list included some of her best-known songs: The Spinning Wheel; If I were a Blackbird; Three Lovely Lasses from Bannion and Coortin' in the Kitchen.
In court yesterday, Mr Martin Hayden SC, for Waltons, read an affidavit by its managing director, Mr Niall Walton, who asked the court to dismiss Dr Browne's claim on grounds of unreasonable, prejudicial and inexcusable delay on her part in bringing the proceedings.
Mr Walton said he was the third generation of the Walton family which had been involved in the music industry in Ireland for over 80 years. He was surprised by the aggressive attitude adopted on behalf of Dr Browne.
The Walton family were distressed by the allegations of fraud, Mr Walton said. He, his father and his late grandfather would never be a party to knowingly defrauding an artist of any royalties regardless of how modest the amounts involved were.
This was the first time any artist/composer or the estate of an artist/composer had made an allegation of this nature against Waltons, he added.
The first he knew of Dr Browne's claim was a solicitor's letter of September 24th, 1999, stating that Delia Murphy may have had some publishing agreements with Waltons which continued after her death. The letter asked for copies of these.
Mr Walton said he told Dr Browne's solicitors that the matter went back a long way and he was trying to see what information was still available. His solicitors wrote to Dr Browne's solicitors enclosing a cheque for £5,000 on account of royalties due to the estate of Delia Murphy as a gesture of goodwill, and advising that he had applied to the relevant bodies for details of any royalties that might be due.
Having reviewed the documents available, he was satisfied the amount of royalties involved were quite modest. He estimated that, during the 1970s, the rate of royalty would have been about £500 per annum, increasing to about £750 per annum in the 1980s.
Dr Browne, in an affidavit, said it seemed Waltons were happy to receive monies to which they had no entitlement and to retain those monies.
She alleged Waltons got monies which were "impressed with a trust", had retained those monies and were resisting having to pay them over.
Mr Hayden said Dr Browne was seeking to avoid her claim being deemed statute-barred (not brought within a six-year time limit) by alleging fraud. She had done nothing between 1971 until 1999 and that amounted to inordinate and inexcusable delay. No effort had been made to explain the delay.
Mr Angus Buttanshaw, for Dr Browne, said the claim of fraud was made in the context of Waltons having received monies which were not paid to Dr Browne.
Delay of itself could never be used to prevent a beneficiary from getting the benefit of an estate.