An actor who was a child when working in the Harry Potter film series has told the High Court an agent's agreement signed by his parents was "forced on us" without legal advice.
Devon Murray (27), who played "Seamus Finnigan", denied he had only this week told his family's lawyers about dissatisfaction with the service provided by Neil Brooks, trading as Neil Brooks Management, or that the first time such dissastisfaction was mentioned was in court.
Mr Murray was being cross-examined in an action by Mr Brooks against the actor and his parents Fidelma and Michael, of The Lawn, Oldtown Mill, Celbridge, Co Kildare, for the recovery of €286,000 in commission fees, including interest, he says the Murrays owe him for Devon’s work.
Denying the claims, the Murrays said they sacked Mr Brooks while Devon was working on the third Harry Potter movie arising from an incident in which the actor, then aged 13, was photographed smoking a cigarette on the London set.
They claim Mr Brooks did not act when they sought his help to deal with subsequent adverse worldwide publicity and to address the security situation over the taking of the photo.
Mr Brooks told the court he was in South Africa at the time helping his seriously ill sister.
The incident over the smoking was the responsibility of Devon’s guardian, he said. “What could I have done?”
Mr Brooks was being cross-examined by Ms Murray after solicitors for the family last Tuesday were permitted to stop representing the family because they could not get proper instructions and funds for barristers.
Ms Murray said they had no money for solicitors.
His mother, in reply to a question from the judge about where all the money from residuals in early days had gone, said he had “gone drinking, taken out girls and bought cars because that is what teenage boys do”.
She said she was not going to give out to him for that, he was their only child.
Mr Murray told the court he had, in the early days, a bond with Mr Brooks because he was away so much and did not get to see his own father.
By the time of the third Harry Potter movie, there had been difficulties over when they were receiving cheques as well as problems getting in touch with Mr Brooks, he said.
“It was like Where’s Wally,” he said.
In 2003, the Murrays signed a new agreement where Mr Brooks’s 12.5 per cent fee was to be increased to 15 per cent on the basis Devon would get higher payment from the film makers Warner Brothers.
Mr Brooks said he did this and Devon’s fees went up from £20,000 and £30,000 for the first two films to £50,000 and £65,000 for the third and fourth movies.
Mr Murray told the court he found out all other child actors got the same pay as part of a general across-the-board payment for those actors in his particular category, including those with no agent.
When the smoking incident occurred and Warner Brothers complained, both he and his mother rang Mr Brooks telling him he was fired, he said.
“I thought an agent was going to be able to magically make this (adverse publicity) disappear, but I was wrong.”
Under cross-examination by Gary McCarty SC, for Mr Brooks, Devon said they signed the 2003 contract without legal advice and felt they had to do it because he had made so many good friends on the Harry Potter set.
Asked was he saying he was forced into signing it, he said yes. Asked did he tell his lawyers that, including junior and senior counsel, he said he had. He could not explain why that was not put in as part of his defence by his former solicitors, he said.
He said he had been receiving fees for “residuals” — money from DVD and other box office sales — over the years but they had at now dwindled to around £1,000 per month.
He had rented out his house so as to pay the mortgage and had moved back in with his parents in Celbridge, Co Kildare.
For his part, Mr Brooks said the Murrays were unhappy with arrangements while Devon stayed in London during filming. They wanted an apartment, rather than a five-star hotel provided for the boy, so his mother could cook for him, and having his own driver take him to the set as other child actors got.
Mr Brooks said he provided the apartment.
He also said Devon wanted to be driven in a Lexus. The actor’s mother denied this and said Devon was a boy obsessed with cars who merely said was he would love to ride in a Lexus.
Mr Brooks said he had arranged an Irish teacher as part of Devon’s schooling while filming but this was turned down. Ms Murray disputed this and said there was no teacher after the first year.
When Devon said he wanted his own sound system for his dressing room, Mr Brooks said he did not agree he should have a “boom box” as it would cause a disturbance for the other actors.
Mr Justice Michael Moriarty said he would rule on the matter on Friday.