'Poor view' claim lost

A ROCK concert promoter, Harvey Goldsmith, yesterday fought off a damages action in a test case brought by four music lovers.

Mr Goldsmith, who has handled chart-topping acts including the Rolling Stones and Madonna, was sued by four members of the audience at a concert by the rock group The Cure at the National Exhbition Centre, Birmingham, in November 1992.

Helen Bolton, a secretary, and Robert Skelding, an accountant, both of Halesowen, West Midlands, claimed the evening was ruined because a stack of public address equipment prevented them seeing more than two of the five band members from their top- price second-row seats.

During a four-hour hearing in chambers at Central London county court, they sought the return of their pounds 17.75 entry fees for themselves and two friends, and pounds 200 damages for 'disappointment'.

Lawyers regarded it as a test case of 'restricted viewing' litigation. But the claim was rejected because they had not complained about their seats on the night. The judge said that there was a complaints procedure, which they had not used.