Sony Music has failed in its latest attempt to prevent the estates of Noel Redding and Mitch Mitchell pursuing its claims for infringement of copyright and performers’ rights to trial.

After the failure of Sony’s attempt to contest jurisdiction and the appeal against that decision, and the failure by Sony’s licensor, Experience Hendrix, to have the case determined in New York, Mr Justice Michael Green today dismissed Sony’s application to strike out the case or for reverse summary judgment. Following a two-day hearing in October 2023, the Judge dismissed all four grounds relied upon by Sony in support of the application, describing one as “unfounded and totally unsuited to an application to strike out”, and stating in respect of another that “the Claimants have a more than arguable case”.

The case will now proceed to trial next year.

Lawrence Abramson of Keystone Law, who represented the estates said:

We could not have got a better result. I am pleased that after almost two years of delay, the case will finally move forward, and we can hopefully obtain some justice for the families of Noel and Mitch. No one is denying that Jimi Hendrix was one of, if not, the greatest guitarist of all time. But he didn’t make his recordings alone, and they could not have achieved any success without the contributions of Noel and Mitch.”

Edward Adams, a director for the claimants, said:

“Noel and Mitch died in penury despite being two thirds of the Jimi Hendrix Experience and owning the copyright in the recordings jointly with Jimi. We see our case as carrying a torch for Noel, in particular, who spent over three decades seeking justice.”

The estates were represented at the hearing by Simon Malynicz KC and Jamie Muir Wood of Hogarth Chambers, and Bruce Drummond of New Bailey Chambers.

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