Playup Interactive Entertainment (UK) Pty Ltd v Givemefootball Ltd

Playup Interactive Entertainment (UK) Pty Ltd v Givemefootball Ltd

GMF breached the Sponsorship Agreement by failing to provide the required number of qualifying opted-in recipients for email and SMS marketing, as only those who opted in via the Official Website qualified. The use of bought-in data did not satisfy the contractual requirements. The breaches were material and deprived PlayUp of a substantial part of the benefit of the contract, entitling PlayUp to terminate the agreement and recover repayment and damages.

Parties
Claimant: PlayUp Interactive Entertainment (UK) Pty Limited; Defendant: Givemefootball Limited
Jurisdiction
England and Wales
Judgment Date
28 July 2011
Procedural Posture
Commercial Contract Dispute / Final Judgment After Trial
Outcome
Judgment for the Claimant. Claim allowed. Counterclaim dismissed.
Legal Topics
Breach of Contract, Interpretation of Contractual Terms, Termination of Contract, Damages, Sponsorship Agreements
Contract Law Commercial Law Breach of Contract Interpretation of Contractual Terms Termination of Contract Damages Sponsorship Agreements

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Parties

PlayUp Interactive Entertainment (UK) Pty Limited

Claimant

Givemefootball Limited

Defendant

Procedural Posture

Commercial Contract Dispute / Final Judgment After Trial

Legal Issues

  1. 1 What is the true meaning of the data programme rights under the Sponsorship Agreement?
  2. 2 Was PlayUp entitled to terminate the Sponsorship Agreement for breach?
  3. 3 What are the consequences of termination, including damages and repayment obligations?

Ratio Decidendi

GMF breached the Sponsorship Agreement by failing to provide the required number of qualifying opted-in recipients for email and SMS marketing, as only those who opted in via the Official Website qualified. The use of bought-in data did not satisfy the contractual requirements. The breaches were material and deprived PlayUp of a substantial part of the benefit of the contract, entitling PlayUp to terminate the agreement and recover repayment and damages.

Court Disposition

Judgment for the Claimant. Claim allowed. Counterclaim dismissed.

Orders

  • GMF to pay PlayUp £340,251.14 plus VAT under Clause 8.2.5 of the Sponsorship Agreement.
  • GMF to pay PlayUp damages of £53,000.