McGann v Bisping

McGann v Bisping

The court found that the parties entered into the Management Agreement as relied upon by the claimant. Commission was payable on gross sums, including amounts withheld for overseas tax and the value of Range Rovers as in-kind contributions. However, the claimant failed to prove entitlement to repayment of training camp expenses, as the supporting documents were found to be fabrications and there was no reliable evidence of approval or incurrence. No settled account or compromise precluded the claims. The agreement was terminated in July 2011, with a temporary extension at a reduced commission rate. Commission was also payable on sums received by companies controlled by the defendant. Both...

Parties
Claimant: Anthony McGann; Defendant: Michael Bisping
Jurisdiction
England and Wales
Judgment Date
15 December 2017
Procedural Posture
Commercial Contract Dispute / Final Judgment After Trial
Outcome
Judgment for claimant in part; claimant's claim for training camp expenses dismissed; mutual account and enquiry ordered; no order as to costs at this stage.
Legal Topics
Management Agreements, Commission Entitlement, Withholding Tax, Agency Law, Contract Variation, Limitation of Actions, Accounting and Disclosure, Breach of Contract, Estoppel
Contract Law Sports Law Management Agreements Commission Entitlement Withholding Tax Agency Law Contract Variation Limitation of Actions +3 more

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Parties

Anthony McGann

Claimant

Michael Bisping

Defendant

Procedural Posture

Commercial Contract Dispute / Final Judgment After Trial

Legal Issues

  1. 1 Whether the parties entered into the Management Agreement in the form relied upon by the claimant
  2. 2 Whether commission is payable on gross earnings including sums withheld for overseas tax
  3. 3 Whether commission is payable on the value of Range Rovers and discretionary bonuses

Ratio Decidendi

The court found that the parties entered into the Management Agreement as relied upon by the claimant. Commission was payable on gross sums, including amounts withheld for overseas tax and the value of Range Rovers as in-kind contributions. However, the claimant failed to prove entitlement to repayment of training camp expenses, as the supporting documents were found to be fabrications and there was no reliable evidence of approval or incurrence. No settled account or compromise precluded the claims. The agreement was terminated in July 2011, with a temporary extension at a reduced commission rate. Commission was also payable on sums received by companies controlled by the defendant. Both...

Court Disposition

Judgment for claimant in part; claimant's claim for training camp expenses dismissed; mutual account and enquiry ordered; no order as to costs at this stage.

Orders

  • Judgment for claimant for specified sums in USD as commission on gross earnings and in-kind contributions.
  • Dismissal of claimant's claim for training camp and other expenses.