McGann v Bisping [2017] EWHC 2951 (Comm) (15 December 2017)

McGann v Bisping [2017] EWHC 2951 (Comm) (15 December 2017)

The court found that, despite procedural defaults, both parties had prepared for trial on the basis that the authenticity of the Management Agreement and expense documents was in issue. The judge exercised case management powers to permit Mr Bisping to challenge authenticity, finding it would be unjust and contrary to the overriding objective to allow a late procedural point to determine the outcome. The court also found that the sanction in the August 2014 Order (precluding Mr Bisping from relying on witness evidence) had been implicitly superseded by subsequent orders and substantial compliance. The judge determined that the evidence did not support Mr McGann’s claims for arrears of...

Citation
[2017] EWHC 2951 (Comm)
Parties
Claimant: Anthony McGann; Defendant: Michael Bisping
Jurisdiction
England and Wales
Judgment Date
15 December 2017
Procedural Posture
Commercial Claim for Commission and Expenses Under Management Agreement / High Court Trial Judgment
Outcome
Claim dismissed; counterclaim dismissed
Legal Topics
Management Agreements, Commission Disputes, Restitution, Document Authenticity, Disclosure Obligations, Relief From Sanctions
Contract Law Commercial Law Management Agreements Commission Disputes Restitution Document Authenticity Disclosure Obligations Relief From Sanctions

Case Brief

Summary, issues, holding and outcome

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Parties

Anthony McGann

Claimant

Michael Bisping

Defendant

Procedural Posture

Commercial Claim for Commission and Expenses Under Management Agreement / High Court Trial Judgment

Legal Issues

  1. 1 Whether the Management Agreement dated 22 July 2005 was signed by Mr Bisping and is enforceable
  2. 2 Whether Mr McGann is entitled to arrears of commission and repayment of expenses from Mr Bisping
  3. 3 Whether the invoices and documents relied on by Mr McGann are authentic or fabricated

Ratio Decidendi

The court found that, despite procedural defaults, both parties had prepared for trial on the basis that the authenticity of the Management Agreement and expense documents was in issue. The judge exercised case management powers to permit Mr Bisping to challenge authenticity, finding it would be unjust and contrary to the overriding objective to allow a late procedural point to determine the outcome. The court also found that the sanction in the August 2014 Order (precluding Mr Bisping from relying on witness evidence) had been implicitly superseded by subsequent orders and substantial compliance. The judge determined that the evidence did not support Mr McGann’s claims for arrears of...

Court Disposition

Claim dismissed; counterclaim dismissed

Orders

  • Claim for arrears of commission and repayment of expenses dismissed
  • Counterclaim for account dismissed