The Stage reported on 22nd July 2004 that an audience member of a contemporary dance performance at Dublin’s Project Arts Centre was so shocked that he decided to take legal action. He alleged breach of contract, negligence and misrepresentation following a performance of the internationally renowned French choreographer, Jerome Bel.

Traditionally, any audience member who believed a performance to be obscene would complain to the police authorities. In this case, the audience member, Raymond Whitehead is reported to have been shocked, traumatised, and deeply embarrassed by the “particularly tasteless and vulgar performance”. He claimed to have suffered shock and distress, and wanted damages in recompense. The court dismissed his claim, stating he had failed to prove a case within the confines of breach of contract or misrepresentation.

Although the venue won the case, in an unusual move, the court did not order the loser to pay the winner’s legal costs. This means that the victory may have been costly in legal fees and management time.

In similar cases it may be worth reviewing the publicity for any performance to make sure that audience members are prepared for what they will experience.