Former Oasis drummer Anthony McCarroll today (April 1) failed in a London Court of Appeal challenge to his earlier defeat in a High Court damages case, in which he claimed negligence against the band
Former Oasis drummer Anthony McCarroll today (April 1) failed in a London Court of Appeal challenge to his earlier defeat in a High Court damages case, in which he claimed negligence against the band 's lawyers over his removal from the U.K. rock group.
Last November, a judge threw out his claim before trial, ruling that McCarroll, who played on the band's 1994 Epic debut album, "Definitely Maybe," but left the band in 1995 before the recording of the massive hit album "(What's the Story) Morning Glory?," had waited too long before bringing his claim.
Today, an Appeal Court panel backed that decision, ruling that the High Court judge had knowledge of the "basic set of facts" in the case that showed that McCarroll's claim could be denied based on the legal limitation period on claims being made.
McCarroll, who helped form Oasis with his schoolmates Liam Gallagher, Paul "Bonehead" Arthurs, and Paul McGuigan before Liam's brother Noel joined the group, had sought damages from the law firm of Statham Gill Davies. He claimed the firm had negligently handled the band's 1993 recording agreement with Epic parent Sony, allowing Oasis to remove him instantly without compensation.
The judge said: "The essence of the claim is that, whether, by his acts or omissions or both, Mr. Statham of the defendant firm brought about a conflict of interest between the various members of the band, because the Sony agreement wrongly favored Noel and Liam Gallagher over the other members of the band."
He said that McCarroll was set to claim, in a 10-day trial scheduled to begin last month, that Statham acted negligently in failing to ascertain from the members of the band whether the agreement reflected their position, failed to advise him to take independent legal advice, and "failed to point out that the effect of the Sony agreement was that the name Oasis was owned by the Gallagher brothers and left him vulnerable to instant dismissal without compensation."
McCarroll had made an earlier claim for damages against the other four members of Oasis, which was settled before trial with McCarroll receiving a "modest lump sum payment in respect of his future rights to royalties [for] recordings made prior to his expulsion."