Ex-National Theatre employees have 'strong' case for breach of contract claim, says judge

16 Apr 2014 News

Five musicians have lost their court bid to be to be reinstated at the National Theatre after they were replaced with a recorded soundtrack, but have been told by the judge that they have a “strong” case for breach of contract.

Five musicians have lost their court bid to be to be reinstated at the National Theatre after they were replaced with a recorded soundtrack, but have been told by the judge that they have a “strong” case for breach of contract.

They had sought an injunction to allow them back on to the War Horse production until the case for breach of contract could be heard. They had been performing with the production since 2009, but had their hours reduced last year and were made redundant and replaced by a recorded soundtrack last month.

In his ruling Mr Justice Cranston told Neyire Ashworth, Andrew Callard, Jonathan Eddie, David Holt and Colin Rae that their “prospects at trial for breach of contract by the National Theatre are strong”.

But that an interim injunction allowing them to return to work would “involve unwinding the production of War Horse without the band and forcing the creative team to work with musicians pending trial, despite not believing that they contribute positively to the play”.

David Reade QC, for the National Theatre, said: "The orchestra was not an integral part of the play, and indeed there is no live band in any other production around the world."

In a statement the National Theatre welcomed the decision, and said: “War Horse has always been, and will continue to be, a play in which music plays an integral part, with a recorded orchestral under-score and central roles for folk musicians who perform live, as do the cast of 38 actors in the many folk songs and choral numbers.”

"The vast majority of the orchestral music in the show has, from the start, been recorded - and wholly so in the case of the seven productions that have followed on from the London production, including on Broadway."