Everton Football Club Company Ltd v Sail Group Ltd & Anor

Everton Football Club Company Ltd v Sail Group Ltd & Anor

No binding contract was concluded between Everton and Sail as all parties understood negotiations were subject to contract and required formal execution by authorised signatories. AR did not represent it had authority to bind Sail, nor did Everton rely on any such representation. Accordingly, both claims fail.

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
Civil / Judgment After Trial
Outcome
Claims dismissed
Legal Topics
Formation of Contract, Subject to Contract Negotiations, Authority of Agent, Warranty of Authority, Damages for Breach of Contract
Contract Law Agency Law Formation of Contract Subject to Contract Negotiations Authority of Agent Warranty of Authority Damages for Breach of Contract

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Parties

Everton Football Club Company Limited

Claimant

Sail Group Limited

First Defendant

Alexander Ross Limited

Second Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether a binding contract was concluded between Everton and Sail
  2. 2 Whether Alexander Ross Limited (AR) acted in breach of a warranty of authority as Sail's agent

Ratio Decidendi

No binding contract was concluded between Everton and Sail as all parties understood negotiations were subject to contract and required formal execution by authorised signatories. AR did not represent it had authority to bind Sail, nor did Everton rely on any such representation. Accordingly, both claims fail.

Court Disposition

Claims dismissed