McGann v Bisping
The management agreement was not a contract for personal services because it was assignable and its obligations could be performed by someone other than the Claimant; therefore, it vested in the trustee upon bankruptcy and the Claimant had no standing to claim under it.
- Parties
- Claimant: Anthony McGann; Defendant: Michael Bisping
- Jurisdiction
- England and Wales
- Judgment Date
- 24 March 2021
- Procedural Posture
- Civil / Application to Strike Out Claim
- Outcome
- Claim struck out
- Legal Topics
- Bankruptcy, Assignment of Contracts, Personal Services Contracts, Management Agreements
Case Brief
Summary, issues, holding and outcome
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Parties
Anthony McGann
Claimant
Michael Bisping
Defendant
Procedural Posture
Civil / Application to Strike Out Claim
Legal Issues
- 1 Whether a management agreement is property that vests in the trustee upon bankruptcy under section 283 of the Insolvency Act 1986
- 2 Whether the management agreement is a contract for personal services and thus excluded from the bankrupt's estate
Ratio Decidendi
The management agreement was not a contract for personal services because it was assignable and its obligations could be performed by someone other than the Claimant; therefore, it vested in the trustee upon bankruptcy and the Claimant had no standing to claim under it.
Court Disposition
Claim struck out
Orders
- Claim struck out as any claim under the management agreement vested in the trustee in bankruptcy; parties invited to agree an order
Full Case Text
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