Warren v Hide

Warren v Hide

The court found that the £50,000 cash payment was part payment of the purse due to Mr Hide for the Klitschko fight, not a separate inducement. There was no remaining liability from Mr Warren to Mr Hide. Even if the payment had been for a separate agreement, the failure of consideration would have entitled Mr Warren to repayment.

Parties
Claimant: Frank Warren; Defendant: Herbie Hide
Jurisdiction
England and Wales
Judgment Date
12 December 2008
Procedural Posture
Civil / Judgment After Trial
Outcome
Declaration granted in favour of Frank Warren; no remaining liability to Herbie Hide in respect of the purse for the Klitschko fight.
Legal Topics
Failure of Consideration, Payment Disputes, Bankruptcy and Ivas, Misrepresentation
Contract Law Sports Law Failure of Consideration Payment Disputes Bankruptcy and Ivas Misrepresentation

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Parties

Frank Warren

Claimant

Herbie Hide

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether Frank Warren still owes Herbie Hide £50,000 from the purse for the Klitschko fight
  2. 2 Whether the £50,000 cash payment was part payment of the purse or consideration for a separate agreement
  3. 3 Whether there was a failure of consideration under the 11 February agreement

Ratio Decidendi

The court found that the £50,000 cash payment was part payment of the purse due to Mr Hide for the Klitschko fight, not a separate inducement. There was no remaining liability from Mr Warren to Mr Hide. Even if the payment had been for a separate agreement, the failure of consideration would have entitled Mr Warren to repayment.

Court Disposition

Declaration granted in favour of Frank Warren; no remaining liability to Herbie Hide in respect of the purse for the Klitschko fight.

Orders

  • Declaration that there is no remaining liability upon Frank Warren to Herbie Hide in respect of the purse for the Klitschko fight in 1999.
  • Declaration that the payment of £50,000 made in cash on 12 February 2000 was made in part payment of that purse.