Warren & Anor v Burns [2014] EWHC 3671 (QB) (13 November 2014)

Warren & Anor v Burns [2014] EWHC 3671 (QB) (13 November 2014)

Mr Burns owes unpaid management commission under the Manager Agreement, as 25% commission was contractually agreed and only 15% was paid; no unequivocal waiver occurred. FWP owes Mr Burns the unpaid purse for the Mitchell fight, but Mr Burns was not entitled to an increased purse as no binding agreement was reached. Mr Burns was not entitled to terminate the Promoter Agreement as at 6 March 2013, as late payment did not amount to repudiatory breach and time was not of the essence. FWP suffered no recoverable lost profits, as its promotional activities were unprofitable and any claim would be absorbed by set-off. Mr Warren is not personally liable as guarantor, as no binding contract of...

Citation
[2014] EWHC 3671
Parties
First Claimant: Frank Warren; Second Claimant: W. Promotions Limited; Defendant: Ricky Burns
Jurisdiction
England and Wales
Judgment Date
13 November 2014
Procedural Posture
Commercial Contract Dispute / Final Judgment After Trial
Outcome
Mixed judgment: partial success for both sides
Legal Topics
Management Commission Entitlement, Promoter Agreement Termination, Waiver of Contractual Rights, Lost Profits, Set Off, Personal Guarantee
Contract Law Sports Law Insolvency Law Management Commission Entitlement Promoter Agreement Termination Waiver of Contractual Rights Lost Profits Set Off +1 more

Case Brief

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Parties

Frank Warren

First Claimant

W. Promotions Limited

Second Claimant

Ricky Burns

Defendant

Procedural Posture

Commercial Contract Dispute / Final Judgment After Trial

Legal Issues

  1. 1 Whether Mr Burns owes unpaid management commission under the Manager Agreement
  2. 2 Whether Mr Burns is entitled to an increased purse for the Mitchell fight
  3. 3 Whether Mr Warren waived entitlement to commission

Ratio Decidendi

Mr Burns owes unpaid management commission under the Manager Agreement, as 25% commission was contractually agreed and only 15% was paid; no unequivocal waiver occurred. FWP owes Mr Burns the unpaid purse for the Mitchell fight, but Mr Burns was not entitled to an increased purse as no binding agreement was reached. Mr Burns was not entitled to terminate the Promoter Agreement as at 6 March 2013, as late payment did not amount to repudiatory breach and time was not of the essence. FWP suffered no recoverable lost profits, as its promotional activities were unprofitable and any claim would be absorbed by set-off. Mr Warren is not personally liable as guarantor, as no binding contract of...

Court Disposition

Mixed judgment: partial success for both sides

Orders

  • Mr Burns to pay unpaid management commission under the Manager Agreement to Mr Warren and Mr Morrison, amount to be determined if not agreed.
  • FWP to pay Mr Burns the unpaid purse for the Mitchell fight (£102,000 plus interest), subject to liquidation proceedings.