This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.theguardian.com/stage/2014/apr/15/war-horse-musicians-lose-case

The article has changed 2 times. There is an RSS feed of changes available.

Version 0 Version 1
War Horse musicians lose court bid for reinstatement War Horse musicians lose court bid for reinstatement
(2 days later)
Five musicians who performed as a live band for four years in the West End production of the National Theatre's hugely successful War Horse, but were then replaced by a recorded soundtrack, have lost their bid to be reinstated. Five musicians who performed live for four years alongside the recorded soundtrack in the West End production of the National Theatre's hugely successful War Horse, but were then replaced in turn by a recording, have lost their bid to be reinstated.
But Mr Justice Cranston told Neyire Ashworth, Andrew Callard, Jonathan Eddie, David Holt and Colin Rae that their prospects at trial for a breach of contract by the National Theatre were "strong".But Mr Justice Cranston told Neyire Ashworth, Andrew Callard, Jonathan Eddie, David Holt and Colin Rae that their prospects at trial for a breach of contract by the National Theatre were "strong".
The five sought reinstatement to jobs they held from March 2009 to March 2013. The NT argued that the decision to replace them with a recorded soundtrack was made for artistic and financial reasons. But the musicians, who earned between £1,200 and £1,500 a week, said their contracts were breached and had asked the judge to reinstate them pending a full trial.The five sought reinstatement to jobs they held from March 2009 to March 2013. The NT argued that the decision to replace them with a recorded soundtrack was made for artistic and financial reasons. But the musicians, who earned between £1,200 and £1,500 a week, said their contracts were breached and had asked the judge to reinstate them pending a full trial.
In his ruling, the judge made reference to the witness statement of Nick Starr, the NT's executive director, who said the producers and directors of War Horse did not believe that the musicians could contribute positively to the play and that it was "better off without them".In his ruling, the judge made reference to the witness statement of Nick Starr, the NT's executive director, who said the producers and directors of War Horse did not believe that the musicians could contribute positively to the play and that it was "better off without them".
It continued: "The National Theatre's artistic judgement, made by those with the expertise to assess such matters, is that a live band does not provide the same quality and impact of performance as can be produced through the use of recorded music and professional actors.It continued: "The National Theatre's artistic judgement, made by those with the expertise to assess such matters, is that a live band does not provide the same quality and impact of performance as can be produced through the use of recorded music and professional actors.
"There is a real risk, Mr Starr says, that in circumstances where they are imposed on the production by court order, and know that those running the play do not believe that they should be there, there could be a destabilising impact.""There is a real risk, Mr Starr says, that in circumstances where they are imposed on the production by court order, and know that those running the play do not believe that they should be there, there could be a destabilising impact."
The judge said he was "doubtful" about the claimants' assertion that they could easily be reintegrated into the play after limited rehearsals. The National had argued that the changes had "become embedded" and that half the cast were new and "would have to be rehearsed, at some expense, to accommodate a live band."The judge said he was "doubtful" about the claimants' assertion that they could easily be reintegrated into the play after limited rehearsals. The National had argued that the changes had "become embedded" and that half the cast were new and "would have to be rehearsed, at some expense, to accommodate a live band."
He said the musicians' claim for breach of contract was a strong one and that if they succeeded at trial, an award of damages would be an "adequate remedy". But he was not persuaded they should be reinstated pending that.He said the musicians' claim for breach of contract was a strong one and that if they succeeded at trial, an award of damages would be an "adequate remedy". But he was not persuaded they should be reinstated pending that.
The National Theatre welcomed the decision. In a statement it said: "It is important to emphasise that 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 National Theatre welcomed the decision. In a statement it said: "It is important to emphasise that 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."
It said all the music had been pre-recorded in the productions which have opened outside the UK, including Broadway.It said all the music had been pre-recorded in the productions which have opened outside the UK, including Broadway.
"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.""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."
War Horse, based on Michael Morpurgo's children's novel, was directed by Marianne Elliott and Tom Morris and premiered in 2007. Since then, it has become one of the NT's most lucrative productions and a much needed cash cow to help counter a reduction in public subsidy since it was first performed in 2007.War Horse, based on Michael Morpurgo's children's novel, was directed by Marianne Elliott and Tom Morris and premiered in 2007. Since then, it has become one of the NT's most lucrative productions and a much needed cash cow to help counter a reduction in public subsidy since it was first performed in 2007.
• The first paragraph of this article was amended on 17 April 2014 to clarify the nature of the musicians' contribution to the show.