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 commission under the Manager Agreement; FWP owes Mr Burns the unpaid purse for the Mitchell fight; Mr Burns was not entitled to terminate the Promoter Agreement as of 6 March 2013; FWP suffered no recoverable lost profits; Mr Warren's alleged personal guarantee was not binding.

Citation
[2014] EWHC 3671 (QB)
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 / High Court Judgment
Outcome
Claim partly allowed, partly dismissed
Legal Topics
Management Commission Entitlement, Promoter Agreement Termination, Waiver of Contractual Rights, Lost Profits, Set Off, Personal Guarantee
Contract Law Sports Law Insolvency Management Commission Entitlement Promoter Agreement Termination Waiver of Contractual Rights Lost Profits Set Off +1 more

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Parties

Frank Warren

First Claimant

W. Promotions Limited

Second Claimant

Ricky Burns

Defendant

Procedural Posture

Commercial Contract Dispute / High Court Judgment

Legal Issues

  1. 1 Whether Mr Burns owes unpaid commission under the Manager Agreement
  2. 2 Whether FWP owes Mr Burns unpaid purse for the Mitchell fight
  3. 3 Whether Mr Burns was entitled to terminate the Promoter Agreement

Ratio Decidendi

Mr Burns owes unpaid commission under the Manager Agreement; FWP owes Mr Burns the unpaid purse for the Mitchell fight; Mr Burns was not entitled to terminate the Promoter Agreement as of 6 March 2013; FWP suffered no recoverable lost profits; Mr Warren's alleged personal guarantee was not binding.

Court Disposition

Claim partly allowed, partly dismissed

Orders

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