Maurice Kiely’s U2 song claim dismissed by High Court

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The High Court dismissed Maurice Kiely’s €12 million claim against U2 Ltd on 19 April 2024. Mr Justice Mark Sanfey also said the company was entitled to an order that Kiely pay its legal costs.

Kiely alleged that he wrote “A Man and A Woman” in 1998 and that it was unlawfully included on U2’s album “How to Dismantle an Atomic Bomb”. U2 Ltd denied his claims, saying Bono, also known as Paul Hewson, wrote the lyrics and all four band members composed the music.

Kiely claimed he had made an oral agreement with U2 bassist Adam Clayton allowing the song to be used on the album on certain terms: it would be used only on that album, never performed live by U2 or registered as the band’s own composition. He alleged that it was included in another release, performed live by two band members and wrongfully claimed as U2’s copyright.

Paul Coughlan BL, for U2 Ltd, told the court that Kiely had said in communications that he was not continuing the action. Counsel said Kiely had been in court earlier that day but was absent when the case was called. After an adjournment, counsel said Kiely had been emailed about the application to strike out the case but could not be located in the Four Courts.

Mr Justice Sanfey dismissed the proceedings based on the emails and Kiely’s decision not to appear when the matter was listed. The court noted that U2 Ltd also had a pending motion to dismiss the case over an alleged failure to comply with discovery requirements.

On 24 March 2023, Mr Justice Brian O’Moore had dismissed Kiely’s application to compel answers to pre-trial questions, finding the questions inappropriate. Kiely subsequently indicated that he intended to appeal that ruling.