Harrison v Burridge & Anor

Harrison v Burridge & Anor

The representation agreement was between West Ham United Football Club plc and Mr Harrison personally, not MPH Soccer Management Limited. The commission was payable to Mr Harrison, who could direct payment to a company account. There was no debt due from West Ham to MPH, so no third party debt order could be made against West Ham in respect of MPH's judgment debt.

Parties
Appellant/fourth Party: Michael Peter Harrison; Respondent/claimant: John Burridge; Respondent/claimant: Janet Burridge; Defendant/judgment Debtor: MPH Soccer Management Limited; Third Party: West Ham United Football Club plc
Jurisdiction
England and Wales
Judgment Date
22 September 2010
Procedural Posture
Civil Appeal / Appeal From Final Third Party Debt Order
Outcome
Appeal allowed
Legal Topics
Third Party Debt Orders, Agency Law, Interpretation of Contracts, Football Agents Regulations
Civil Procedure Contract Law Sports Law Third Party Debt Orders Agency Law Interpretation of Contracts Football Agents Regulations

Case Brief

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Parties

Michael Peter Harrison

Appellant/fourth Party

John Burridge

Respondent/claimant

Janet Burridge

Respondent/claimant

MPH Soccer Management Limited

Defendant/judgment Debtor

West Ham United Football Club plc

Third Party

Procedural Posture

Civil Appeal / Appeal From Final Third Party Debt Order

Legal Issues

  1. 1 Whether the district judge erred in finding that MPH Soccer Management Limited was party to the agency agreement with West Ham United FC and thus creditor under the agreement
  2. 2 Whether the relationship of creditor and debtor existed between MPH Soccer Management Limited and West Ham United FC for the purposes of a third party debt order

Ratio Decidendi

The representation agreement was between West Ham United Football Club plc and Mr Harrison personally, not MPH Soccer Management Limited. The commission was payable to Mr Harrison, who could direct payment to a company account. There was no debt due from West Ham to MPH, so no third party debt order could be made against West Ham in respect of MPH's judgment debt.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Interim third party debt order discharged