Maurice Kiely had sued alleging the song ‘A Man and A Woman’ was written by him in 1998
The High Court has dismissed a multi million euro damages claim brought by a man who claimed to have written a song on one of U2's albums
Counsel said that Mr Kiely in response to communications from the defendant's lawyers. had said he was not continuing with the action. Mr Kiely had also asked the defendants lawyers to stop harassing him, and only to contact him if they wished to pay him money. Counsel said that given the circumstances, added to the fact that his client has brought a motion seeking to dismiss the action over the plaintiff's alleged failure to make full and proper discovery, the case against his client should be dismissed.
Ruling on the defendants application the judge said that he was satisfied that there had been an amount of "flip flopping" by Mr Kiely. The case the judge said had been listed for mention before the court on Friday to allow Mr Kiely an opportunity to clarify if he wished to progress his claim or not.
In his claim Mr Kiely had alleged U2 was short of material for its 2004 album and that he entered into an oral agreement with Mr Clayton allowing use of the song on the album on certain terms. He further claimed that the song would only be used on the album and would never be performed live by U2 or registered as their own composition.
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