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

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

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 bankrupt's estate under section 283 of the Insolvency Act 1986, and only the trustee could claim under it. The Claimant's...

Source-derived case information.

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

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Parties

Anthony McGann

Claimant

Michael Bisping

Defendant

Procedural Posture

Civil Contract/commercial / Application to Strike Out Claim

Legal Issues

  1. 1 Whether a management agreement is property vesting in the bankrupt's estate under section 283 of the Insolvency Act 1986
  2. 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 bankrupt's estate under section 283 of the Insolvency Act 1986, and only the trustee could claim under it. The Claimant's claim must be struck out.

Court Disposition

Claim struck out

Orders

  • Claim struck out as it vested in the bankrupt's estate; any claim is that of the trustee in bankruptcy.