U2 should not have to answer questions in alleged unlawful use of song case, High Court hears

In contesting the application, senior counsel for U2 Ltd, Kelley Smith, instructed by Simon Murphy and Barry Cahir of Beauchamps, said Mr Kiely seems to be “sidestepping” his pleaded case in the way he claims to be entitled to sworn answers to these pre-trial questions, known as interrogatories.

She outlined to the court Mr Kiely’s case as formally pleaded in court documents. She said he claims he is entitled to damages because U2 breached his copyright and stole his intellectual property. Mr Kiely claims he performed the song in Santa Monica, California, to Cindy Crawford, with whom he alleges he had a relationship, counsel added. He says he posted a recording of the song in a sealed envelope to himself, the court heard.

Ms Smith responded by saying U2 Ltd was not obliged to do this or to identify potential witnesses to an alleged performance of the song. Mr Kiely’s claims are fully denied.

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