Crystal Palace FC (2000) Ltd v Dowie [2007] EWHC 1392 (QB) (14 June 2007)
The Court found that Mr Dowie did represent to Mr Jordan that he intended to leave Palace for family reasons to move to the North, but the Club failed to prove that Mr Dowie made the further alleged representations regarding no contact or intention to join Charlton prior to the Compromise Agreement. The evidence did...
Source-derived case information.
- Citation
- [2007] EWHC 1392 (QB)
- Parties
- Claimant: Crystal Palace FC (2000) Limited; Defendant: Iain Dowie
- Jurisdiction
- England and Wales
- Judgment Date
- 14 June 2007
- Procedural Posture
- Civil (tort/contract) / Trial of Preliminary Issues
- Outcome
- Claim for rescission of the Compromise Agreement dismissed.
- Legal Topics
- Fraudulent Misrepresentation, Deceit, Rescission of Contract, Employment Termination, Compromise Agreement, Manager Compensation Clause
Source-derived case record
Summary, issues, holding and outcome
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Parties
Crystal Palace FC (2000) Limited
Claimant
Iain Dowie
Defendant
Procedural Posture
Civil (tort/contract) / Trial of Preliminary Issues
Legal Issues
- 1 Whether the Compromise Agreement dated 22 May 2006 was entered into on the basis of fraudulent representations by Mr Dowie as alleged by the Club
- 2 If so, whether the Compromise Agreement should be rescinded
Ratio Decidendi
The Court found that Mr Dowie did represent to Mr Jordan that he intended to leave Palace for family reasons to move to the North, but the Club failed to prove that Mr Dowie made the further alleged representations regarding no contact or intention to join Charlton prior to the Compromise Agreement. The evidence did not establish that the Compromise Agreement was induced by fraudulent misrepresentation as alleged. Therefore, the Club is not entitled to rescission of the Compromise Agreement.
Court Disposition
Claim for rescission of the Compromise Agreement dismissed.
Orders
- The preliminary issues are determined in favour of the Defendant; the Compromise Agreement is not rescinded.
Full Case Text
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