Part of claim against Barry Manilow to be paused in England, judge rules

Part of a claim against Barry Manilow over unpaid royalties and a bonus to the singer should be paused in England while similar legal action in the US is ongoing, a High Court judge has ruled.

Hipgnosis Songs Fund has had an agreement with Manilow since 2020 where the US singer would provide his worldwide earnings in return for a 1.5 million dollar (£1.19 million) bonus if Hipgnosis met two performance targets.

The first was that the cash income from its share of the assets increased by 10% year-on-year for three years, after which the first half of the bonus would be paid.

The second half would be paid if this target was hit for a fourth year running.

Manilow claims these conditions have been met and is seeking the money through the courts in Los Angeles.

Hipgnosis said it has not met these targets and, therefore, does not need to pay out.

The company is bringing legal action at the High Court in London saying Manilow had not paid royalties he owed and wanted the other part of the claim, referred to as the purchase price claim, to be heard in England as well.

But Mr Justice Marcus Smith ruled on Thursday that the English proceedings for the purchase price should be paused while the part of the claim relating to royalties can continue.

In a written judgment he said this was “the appropriate order to make”, adding: “I conclude that the defendant is entitled to a stay as of right, but if I am wrong on this, I consider that this court should not exercise any jurisdiction which it may have.”

Lawyers at a previous hearing at the High Court each claimed that the opposing side was trying to impede the other by pushing for alternative jurisdictions.

Edmund Cullen KC, for Hipgnosis, described the US legal action as a “tactical measure” while Andrew Sutcliffe KC, for Manilow, said having the full case heard in London would “spike the guns” of his client.