Michael Flatley wins injunction blocking firm from cancelling Lord Of The Dance

Lawyers for Michael Flatley have succeeded in obtaining a legal blocking order against the management company running the Lord Of The Dance shows.

The court in Belfast heard the Riverdance choreographer has been “in practice” with dancers, and sets and costumes were being taken away after a performance later this week was “unilaterally” cancelled without Flatley’s notice.

In a statement Flatley welcomed the injunction and said the “show must go on and it will go on”.

Mr Justice Simpson granted a temporary injunction against Switzer Consulting after the Belfast-based firm said the opening performance of the 30th Anniversary Tour was cancelled.

The injunction will prevent Switzer from obstructing Flatley “making use of the intellectual property” and “running/operating the Lord of the Dance show in Dublin on Thursday 5 February”.

Last Thursday, a legal order blocking Flatley from engaging with the Lord Of The Dance production was overturned by a court in Belfast.

Switzer had taken legal action in a civil case against the choreographer and dancer for alleged breach of contract, relating to an agreement the firm says was reached to allow it to run the dance shows.

On Tuesday a solicitor for Switzer released a statement claiming the show in the 3 Arena in Dublin scheduled for Thursday had been called off with “immediate effect”.

At the Royal Courts of Justice in Belfast on Tuesday David Dunlop KC representing Flatley said the cancellation announcement received “considerable traction” in just a few hours.

He said it was his understanding that “all of the dancers have been in practice, with Mr Flatley in fact organising that, all the steps were taken to secure the show proceeding on Thursday.”

He added: “In the circumstances which have arisen to issue a press release without notice to Mr Flatley to do it unilaterally and to cancel the concert on Thursday evening, is to put it mildly, shocking.”

Mr Dunlop further stated that “set and associated materials and costumes” to be used in the performance had been “taken away” by Switzer despite “no suggestion that they ever had legal title to those”.

“Given the thousands of people attending the show the last thing Switzer ought to be doing is trying to prevent Mr Flatley earning revenue if they genuinely believe that they have a hope of legitimate claim for damages,” he said.

He argued that the injunction was necessary rather than paying damages because Switzer has “no assets”.

“A largely insolvent company is reporting to cancel the show in respect of which Mr Flatley, on a prima facie basis, holds intellectual rights and the entitlement to run that show and on that basis alone we respectfully submit the defendant is entitled to an injunction,” he said.

He added that urgency was required because “within a couple of hours the damage will have been done”.

Mr Justice Simpson granted the temporary injunction against Switzer.

Earlier on Tuesday a statement was released on behalf of Switzer describing it as the “owner of the show and the intellectual property rights”, and said its decision to cancel the performance “has not been taken lightly”.

“Switzer fully recognises and regrets the disappointment this will cause to fans and ticket holders who were looking forward to the performance,” the statement read.

It blamed “an ongoing commercial and legal dispute concerning the operation of the show, which could not be resolved in the timeframe available”.

The statement added: “Despite extensive efforts to find a workable solution that would have allowed the performance to proceed, Switzer was ultimately unable to obtain the assurances required to proceed responsibly.”

Switzer said ticket refunds will be administered by promoters and ticketing agents.

Mr Dunlop referred to Mr Justice Simpson’s ruling last week saying Switzer “has no proprietary interest in The Lord Of The Dance shows, nor has it any right to remuneration other than by payment of the fees”.

He added that on the refusal of Switzer’s application for an injunction against Flatley “it appeared legitimately that Mr Flatley was therefore entitled to exercise such rights as the owner of the intellectual property”.

In a statement Flatley said Switzer issued the cancellation notice “in spite” to “try and further disrupt matters”.

He said: “Our relationship has been validly ended and 500,000 euros has been lodged in a solicitor’s account pending the hearing in two months’ time.

“It is unacceptable that Switzer would then issue a statement and I was left no choice but to injunct them from any such further interventions to ensure my shows go ahead from this Thursday.

“The show must go on and it will go on.”

The case will be resumed on Wednesday morning.