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 because all parties understood negotiations were subject to contract and no formal agreement was executed or exchanged; AR made no representation that it had authority to bind Sail, and no reliance or loss was established, so the claim for breach of warranty of authority also fails.

Citation
[2011] EWHC 126 (QB)
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 / High Court Trial Judgment
Outcome
Claims dismissed
Legal Topics
Subject to Contract, Warranty of Authority, Formation of Contract, Agency Representation, Damages for Breach of Warranty
Contract Law Agency Law Subject to Contract Warranty of Authority Formation of Contract Agency Representation Damages for Breach of Warranty

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Parties

Everton Football Club Company Limited

Claimant

Sail Group Limited

First Defendant

Alexander Ross Limited

Second Defendant

Procedural Posture

Civil / High Court Trial Judgment

Legal Issues

  1. 1 Whether a binding contract was concluded between Everton and Sail Group Limited
  2. 2 Whether Alexander Ross Limited breached a warranty of authority by purporting to act as agent for Sail Group Limited

Ratio Decidendi

No binding contract was concluded between Everton and Sail because all parties understood negotiations were subject to contract and no formal agreement was executed or exchanged; AR made no representation that it had authority to bind Sail, and no reliance or loss was established, so the claim for breach of warranty of authority also fails.

Court Disposition

Claims dismissed

Orders

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