The High Court has ended digital jukebox supplier NSM Music's attempt to appeal the judgment made against it earlier in the year in favour of PRS for Music because it had no real prospect of success.

The case was heard in the High Court on November 4 at a hearing before Justice Newey. NSM Music has no further right of appeal and must now pay over £85,000 in unpaid licence fees in addition to interest and legal costs.

This is the latest development in the dispute following the Court’s decision in June 2011 when it ruled in favour of PRS for Music in its claim against NSM Music, which was refusing to pay PRS for Music’s licence fees. The deputy master of the High Court found that the jukebox manufacturer had no reasonable prospect of successfully defending the claim and dismissed the arguments raised in its defence as being without merit. In addition to its claim, PRS for Music was awarded interest plus costs. The deputy master refused to grant NSM Music permission to appeal his decision.

Andy Hind, head of recorded media licensing at PRS for Music, said: “This has been an unnecessary and long drawn out process that will end up costing NSM Music far more than if it had paid its PRS for Music licence fees as other businesses do. It is disappointing that NSM Music has chosen to take this path rather than to operate a licensed service. However, I am pleased that the High Court has delivered clear and unequivocal judgments upholding our members’ rights.”