Sports Network Ltd v Calzaghe [2008] EWHC 2566 (QB) (23 October 2008)

Sports Network Ltd v Calzaghe [2008] EWHC 2566 (QB) (23 October 2008)

There is a serious issue to be tried as to whether the profits from the Hopkins fight are held on constructive trust for the defendant; the balance of convenience favors preserving any remaining funds by payment into court due to the risk of dissipation and the claimant's inadequate compliance with disclosure orders. The claimant is in breach of the 14 October 2008 order, and an unless order for compliance is justified.

Citation
[2008] EWHC 2566
Parties
Claimant/respondent: Sports Network Limited; Defendant/applicant: Joe Calzaghe CBE
Jurisdiction
England and Wales
Judgment Date
23 October 2008
Procedural Posture
Commercial Contractual Dispute (interim Applications) / Interlocutory (applications for Interim Relief and Compliance With Court Orders)
Outcome
Interim order granted (unless order for compliance and payment into court if funds exist)
Legal Topics
Constructive Trust, Interim Remedies, Preservation of Assets, Disclosure Obligations, Breach of Contract, Agency
Commercial Law Trusts Law Civil Procedure Constructive Trust Interim Remedies Preservation of Assets Disclosure Obligations Breach of Contract +1 more

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Parties

Sports Network Limited

Claimant/respondent

Joe Calzaghe CBE

Defendant/applicant

Procedural Posture

Commercial Contractual Dispute (interim Applications) / Interlocutory (applications for Interim Relief and Compliance With Court Orders)

Legal Issues

  1. 1 Whether profits from the Calzaghe v. Hopkins fight are held on constructive trust for the defendant
  2. 2 Whether the claimant has complied with court orders for disclosure of financial information
  3. 3 Whether interim relief (payment into court) should be granted to preserve funds pending trial

Ratio Decidendi

There is a serious issue to be tried as to whether the profits from the Hopkins fight are held on constructive trust for the defendant; the balance of convenience favors preserving any remaining funds by payment into court due to the risk of dissipation and the claimant's inadequate compliance with disclosure orders. The claimant is in breach of the 14 October 2008 order, and an unless order for compliance is justified.

Court Disposition

Interim order granted (unless order for compliance and payment into court if funds exist)

Orders

  • If a fund representing the defendant's share of profits exists, it must be paid into court under CPR 25.1(1)(l).
  • Unless the claimant complies with the 14 October 2008 order by the specified deadline, further sanctions may be imposed.