Everton Football Club Company Ltd v Sail Group Ltd & Anor [2011] EWHC 126 (QB) (04 February 2011)

Everton Football Club Company Ltd v Sail Group Ltd & Anor [2011] EWHC 126 (QB) (04 February 2011)

No binding contract was concluded between Everton and Sail as negotiations were conducted subject to contract and no formal agreement was executed. AR did not represent authority to bind Sail, nor did Everton rely on any such representation. Both claims fail.

Citation
[2011] EWHC 126
Parties
Claimant: Everton Football Club Company Limited; First Defendant: Sail Group Limited; Second Defendant: Alexander Ross Limited
Jurisdiction
England and Wales
Judgment Date
04 February 2011
Procedural Posture
Commercial Contract Dispute / High Court Trial Judgment
Outcome
Claims dismissed
Legal Topics
Formation of Contract, Subject to Contract, Warranty of Authority, Damages for Breach of Warranty, Authority of Agents

Case Brief

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Parties

Everton Football Club Company Limited

Claimant

Sail Group Limited

First Defendant

Alexander Ross Limited

Second Defendant

Procedural Posture

Commercial Contract Dispute / High Court Trial Judgment

  1. 1 Whether a binding contract was concluded between Everton and Sail
  2. 2 Whether Alexander Ross Limited breached a warranty of authority as Sail's agent

Ratio Decidendi

No binding contract was concluded between Everton and Sail as negotiations were conducted subject to contract and no formal agreement was executed. AR did not represent authority to bind Sail, nor did Everton rely on any such representation. Both claims fail.

Court Disposition

Claims dismissed

Orders

  • Claim by Everton against Sail dismissed
  • Claim by Everton against Alexander Ross Limited dismissed