European Professional Club Rugby v Rda Television Llp [2022] EWHC 50 (Comm) (26 January 2022)

European Professional Club Rugby v Rda Television Llp [2022] EWHC 50 (Comm) (26 January 2022)

RDA was entitled to terminate the Media Rights Agreement under the force majeure clause because EPCR was prevented from performing its obligations for more than 60 days due to the Covid-19 pandemic. The right to terminate was not negated by the fact that both parties were affected by the same force majeure event....

Source-derived case information.

Citation
[2022] EWHC 50 (Comm)
Parties
Claimant: European Professional Club Rugby; Defendant: RDA Television LLP
Jurisdiction
England and Wales
Judgment Date
26 January 2022
Procedural Posture
Commercial Contract Dispute / High Court Trial, Judgment
Outcome
Claim dismissed; counterclaim succeeds in part.
Legal Topics
Force Majeure, Repudiatory Breach, Termination of Contract, Damages, Media Rights Agreements
Contract Law Sports Law Commercial Law Force Majeure Repudiatory Breach Termination of Contract Damages Media Rights Agreements

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Summary, issues, holding and outcome

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Parties

European Professional Club Rugby

Claimant

RDA Television LLP

Defendant

Procedural Posture

Commercial Contract Dispute / High Court Trial, Judgment

Legal Issues

  1. 1 Whether RDA Television LLP was entitled to terminate the Media Rights Agreement with EPCR under the force majeure clause due to the Covid-19 pandemic.
  2. 2 Whether RDA's termination constituted a wrongful repudiation of the contract.
  3. 3 Whether EPCR is entitled to damages for alleged wrongful repudiation.

Ratio Decidendi

RDA was entitled to terminate the Media Rights Agreement under the force majeure clause because EPCR was prevented from performing its obligations for more than 60 days due to the Covid-19 pandemic. The right to terminate was not negated by the fact that both parties were affected by the same force majeure event. RDA's termination was valid and did not constitute a repudiatory breach. EPCR's claim for damages fails.

Court Disposition

Claim dismissed; counterclaim succeeds in part.

Orders

  • EPCR's claim for damages is dismissed.
  • RDA is entitled to a pro rata reduction of rights fees for the 2019/2020 season, subject to actual demonstrable losses.