When it comes to dispute resolution… Don’t Look Back In Anger

When it comes to dispute resolution…

Don’t Look Back In Anger

The exciting day that Oasis fans have been waiting years for has finally arrived, as Liam and Noel Gallagher kick off their 2025 reunion tour at the Principality Stadium in Cardiff tonight, more than 15 years since their acrimonious split.

The pair are notorious for their public spats and disputes – some of which have landed them in legal hot water over the years.

In the first of three timely blog posts coinciding with the Gallagher brothers’ comeback, Alex Howarth, a solicitor from Jacksons’ Dispute Resolution team explores some of the super group’s most famous and well documented legal cases and shares the legal know how behind them.

Some might say Oasis are just as notorious for the headlines written around their controversies, incidents and band members’ in-fighting than they are for their iconic nineties Britpop sound.

When former drummer Tony McCarroll brought a claim relating to a partnership in 1995, the fans and the tabloids lapped up the public spectacle.

What’s the Story?

The story started in Manchester in 1991, when guitarist Paul “Bonehead” Arthurs, bassist Paul “Guigsy” McGuigan and drummer Tony McCarroll formed a band named The Rain.

They subsequently invited an acquaintance, Liam Gallagher, to join them as their singer and at Liam’s suggestion, the band’s name was changed to Oasis.

Liam’s older brother, Noel, saw the band perform and subsequently agreed to join, but only if he would be the band’s leader and sole songwriter, earning him the nickname “the Chief”.

The members of Oasis had now formed a partnership – a legal entity.

After months of rehearsals and performances, Oasis signed a recording contract with Creation Records in 1993, which provided for five studio albums. In August 1994, the band released their debut album, Definitely Maybe, which entered the UK Albums Chart at Number 1 and became the fastest selling debut album in UK history.

In 1995, after several arguments with Noel, who had criticised his drumming ability, Tony McCarroll was asked to leave the band.

In response, McCarroll issued a court claim against Oasis, alleging that he had been “unlawfully expelled from the partnership”. He also sought losses totalling around £18 million, which included 20% per cent of any future royalties calculated on the basis of the five-album contract with Creation Records. This would include money from future records that he had made no contribution to.

A 10-day trial to determine the claim was scheduled to take place in March 1999 and this may have involved McCarroll and Oasis members being called to the stand to give witness evidence and be cross examined.  However, on the morning the trial was due to begin, the case settled when McCarroll accepted a lump sum settlement offer believed to be in the region of £600,000. As part of the terms of the settlement, McCarroll gave up all of his alleged claims for future royalties.

This case demonstrates the role and importance of settlement offers and negotiations in litigation.

Had the trial had proceeded, and lasted the full ten days, substantial further legal costs and barrister fees would have been incurred by both parties. The Court, once it had made a judgment, may also have taken into consideration any settlement offers put forward by the parties when deciding whether to make a costs order against the losing party. There would therefore have been considerable risk to both parties in proceeding with the trial, as well as potential negative publicity for all involved.

This case also illustrates the importance of formal partnership agreements. Such a document would set out in writing the rights, responsibilities and obligations of each partner and provide specific procedures to follow in respect of disputes between partners, as well as covering eventualities such as a partner leaving.  Disputes often arise when partnerships have been formed informally (or even unintentionally) and, in the absence of an agreement, there will be no specific provision to expel a partner.

How can we help?

While most cases do not attract the level of publicity and monetary sums commanded by anything involving Oasis, our dispute resolution team are well accustomed experts when it comes to litigation and negotiating settlement in litigation. Our Corporate and Commercial team can also support businesses and organisations when it comes to drafting sound partnership agreements that make sense and protect everyone involved. Our Employment team also deal with settlement agreements in employer – employee situations.

When it comes to dispute resolution, negotiating settlements or drafting sound partnership agreements or settlement agreements that protect all concerned, there is no room for ‘definitely maybe’, which is why solicitors like us remove any ambiguity and uncertainty from situations.

So, if you’re setting up a partnership, or you’re dealing with a dispute that has arisen between partners, sound and timely legal advice and expertise is what’s needed.

For more information on the work of the dispute resolution team or getting help in relation to a partnership agreement or settlement agreement, contact us today on 0191 731 4936 or email alex.howarth@jacksons.law.