A legal wrangle involving a Bradford soul band and its management could lead to a landmark ruling on a complex law.
The Gillettes formed in Bradford 15 years ago and have worked across the country, performing covers of Motown classics.
The group performed a 2006 gig at Leeds restaurant Bibis which went well and the venue decided to book them for another event.
According to a legal document, Bibis did not want to deal with the band’s booking agent Jason Spiller and decided to rebook the band directly, bypassing Mr Spiller’s company 1311 Events.
The agent felt this breached a clause in the band’s contract which said the artist could only be booked through the company.
A statement then posted on 1311 Events’ website complained about the band accepting this booking and said that the company would no longer represent them.
Craig Joseph, one of The Gillettes singers who also arranged their bookings, felt the comments suggested the band were unprofessional and untrustworthy and the band sued for libel.
Lawyers for Mr Spiller and 1311 had planned defences based on justification, fair comment and qualified privilege.
In October the Court of Appeal allowed the defendants’ appeal on the justification defence but refused to reinstate the defence of fair comment, which applies to honestly held opinions based on true fact and held without malice.
Mr Spiller and 1311 are now appealing the decision and the fair comment defence will be studied by the Supreme Court.
A spokesman for The Gillettes said: “We await a date for the hearing in the Supreme Court.”
Andrew Reeves, senior associate at Hammonds LLP law firm, based in Leeds, said: “In a sense it is not the case itself which is of massive interest but it will be quite an important one in terms of allowing the Supreme Court to look at this area.
“It’s not an area that has been looked at for a long, long time. No principles have been set down by the House of Lords and I think it is an area that needs tightening up.”
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereComments are closed on this article