Harrison v Burridge & Anor [2010] EWHC 3116 (Ch) (22 September 2010)

Harrison v Burridge & Anor [2010] EWHC 3116 (Ch) (22 September 2010)

The representation agreement was between West Ham United Football Club plc and Mr Harrison as an individual, not MPH Soccer Management Limited. The payment arrangements through MPH did not create a creditor-debtor relationship between MPH and West Ham. Therefore, there was no debt due from West Ham to MPH that could be the subject of a third party debt order, and the district judge erred in making the order.

Citation
[2010] EWHC 3116 (Ch)
Parties
Appellant: Michael Peter Harrison; Respondent: John Burridge; Respondent: Janet Burridge
Jurisdiction
England and Wales
Judgment Date
22 September 2010
Procedural Posture
Civil Appeal / Appeal From Final Third Party Debt Order
Outcome
Appeal allowed
Legal Topics
Third Party Debt Orders, Agency Agreements, Football Agents Regulations, Enforcement of Judgments
Civil Procedure Contract Law Sports Law Third Party Debt Orders Agency Agreements Football Agents Regulations Enforcement of Judgments

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Parties

Michael Peter Harrison

Appellant

John Burridge

Respondent

Janet Burridge

Respondent

Procedural Posture

Civil Appeal / Appeal From Final Third Party Debt Order

Legal Issues

  1. 1 Whether the district judge erred in finding that MPH Soccer Management Limited was the party to the agency agreement with West Ham United Football Club plc and thus the creditor for the purposes of a third party debt order.
  2. 2 Whether the relationship of creditor and debtor existed between MPH Soccer Management Limited and West Ham United Football Club plc or between Mr Harrison and West Ham United Football Club plc.

Ratio Decidendi

The representation agreement was between West Ham United Football Club plc and Mr Harrison as an individual, not MPH Soccer Management Limited. The payment arrangements through MPH did not create a creditor-debtor relationship between MPH and West Ham. Therefore, there was no debt due from West Ham to MPH that could be the subject of a third party debt order, and the district judge erred in making the order.

Court Disposition

Appeal allowed

Orders

  • Discharge the interim third party debt order.
  • Discharge paragraphs 1, 2, 3, 4, and 5 of the district judge's order of 19 March 2010.