The legal battle over one of the anthems of 1967 has returned to court.
Gary Brooker is trying to reverse a High Court ruling that the organist who played the theme on his hit A Whiter Shade of Pale is entitled to part of the copyright.
Matthew Fisher, 60, sued the Procol Harum leader nearly 40 years after he recorded the song.
Today (Wednesday) John Baldwin QC, representing Brooker, told the Court of Appeal Mr Fisher didn't take the case to court earlier because he knew it would be the end of his career with the group.
He said: "He continued playing with Procol Harum then claimed a share of the copyright without alerting Brooker or the record company to the fact that he was keeping his claim up with the result that they could not prepare themselves to meet the claim."
He said this resulted in an unfair trial with Mr Brooker unable to produce evidence to show it was his idea to use the Bach theme.
In January a judge ruled Mr Fisher is entitled to a 40 per cent share of the musical copyright. Fisher had claimed a half share from Brooker.
He was awarded the lesser amount because the judge found that although the Fisher contribution was "substantial", it wasn't as substantial as the singer's was.
The judges were told that the delay in bringing the action is "plainly very long".
A fair trial was impossible because many critical witnesses were dead.
Vital evidence – including Mr Brooker's original tape of the song which included his own attempt at a Bach theme – had been lost.
The hearing was adjourned until tomorrow (Thursday).
More about the AWSoP lawsuit