McGann v Bisping [2021] EWHC 704 (QB) (24 March 2021)

McGann v Bisping [2021] EWHC 704 (QB) (24 March 2021)

The management agreement is not a contract for personal services and is assignable; it vests in the trustee in bankruptcy under section 283 of the Insolvency Act 1986; the Claimant has no claim under the agreement post-bankruptcy.

Source-derived case information.

Citation
[2021] EWHC 704
Parties
Claimant: Anthony McGann; Defendant: Michael Bisping
Jurisdiction
England and Wales
Judgment Date
24 March 2021
Procedural Posture
Strike Out Application / Judgment on Application to Strike Out Claim
Outcome
Claim struck out
Legal Topics
Bankruptcy Estate, Assignment of Contracts, Personal Services Contracts
Insolvency Contract Bankruptcy Estate Assignment of Contracts Personal Services Contracts

Source-derived case record

Summary, issues, holding and outcome

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Parties

Anthony McGann

Claimant

Michael Bisping

Defendant

Procedural Posture

Strike Out Application / Judgment on Application to Strike Out Claim

Legal Issues

  1. 1 Whether a management agreement is property that vests in the trustee in bankruptcy under section 283 of the Insolvency Act 1986
  2. 2 Whether the management agreement constitutes a contract for personal services exempt from vesting

Ratio Decidendi

The management agreement is not a contract for personal services and is assignable; it vests in the trustee in bankruptcy under section 283 of the Insolvency Act 1986; the Claimant has no claim under the agreement post-bankruptcy.

Court Disposition

Claim struck out

Orders

  • Claim struck out as it vests in the trustee in bankruptcy; parties invited to agree an order