Morrissey and Marr – who were represented separately at the trial – insisted that the royalty split had been explained to Rourke and Joyce, even if they were no longer sure when. As Marr's counsel, Robert Englehart QC, explained, "Some 13 years on it is extremely difficult to pinpoint the moment when the 40:40:10:10 profit split came into being ... But Morrissey and Marr acted throughout on the basis that they would be getting 40 per cent each of the net profits from the Smiths' earnings."