Singer Morrissey really is devious, says judge.

The trial judge was right to describe the Eighties pop singer Morrissey, of The Smiths, as "devious, truculent and unreliable" when he ordered him to pay about £1 million to former band member, the Court of Appeal ruled yesterday.

The court dismissed Mr Morrissey’s claim that comments made in a hearing last month were an "unjust and gratuitous attack" on his character and had led the court to rule that drummer Mike Joyce was entitled to a quarter share of the band’s profits.

Judge Weeks was accused by Mr Rosen of basing his ruling not on the evidence but "because of the adverse impression he had formed" of Morrissey when he gave evidence.

But this was rejected by the three appeal judges. Summing up, Lord Justice Waller acknowledged that Mr Morrissey may have felt "aggrieved" but added: "It has given great offence because of the unpleasant connotations that the word devious can have.

"All the judge intended to convey was that Mr Morrissey had not faced up to Mr Joyce and he was reflecting the fact that Mr Morrissey had problems dealing with the obvious difficulties in his case."

It is not known whether Mr Morrissey will appeal against the ruling, which brings to an end a nine-year legal battle between the band members.