Hobson v Magee (t/a Team Magee)

Hobson v Magee (t/a Team Magee)

The trial judge was entitled to find that Mr Hobson contracted as principal, not as agent for FAL, based on inherent probability and contemporaneous documents. Set-offs claimed by Mr Hobson were not available to him personally as he did not bear the relevant expenses. There was sufficient evidence of an oral agreement entitling Mr Magee to the €30,000 Setanta fee. The judge's findings of fact and credibility assessment were properly open to him and should not be disturbed.

Parties
Appellant: Dennis Hobson; Respondent: Patrick Magee T/A Team Magee
Jurisdiction
England and Wales
Judgment Date
21 February 2012
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Joint Venture, Oral Agreement, Restitution, Set Off, Principal Agent Liability
Contract Law Commercial Law Joint Venture Oral Agreement Restitution Set Off Principal Agent Liability

Case Brief

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Parties

Dennis Hobson

Appellant

Patrick Magee T/A Team Magee

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether Mr Hobson contracted as principal or on behalf of Fight Academy Limited (FAL)
  2. 2 Whether set-offs claimed by Mr Hobson are available to him personally
  3. 3 Whether Mr Hobson had the benefit of monies payable to FAL

Ratio Decidendi

The trial judge was entitled to find that Mr Hobson contracted as principal, not as agent for FAL, based on inherent probability and contemporaneous documents. Set-offs claimed by Mr Hobson were not available to him personally as he did not bear the relevant expenses. There was sufficient evidence of an oral agreement entitling Mr Magee to the €30,000 Setanta fee. The judge's findings of fact and credibility assessment were properly open to him and should not be disturbed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; judgment for Mr Magee stands.