Warren & Anor v Burns

Warren & Anor v Burns

Mr Burns owes unpaid commission under the Manager Agreement, as no effective waiver occurred. He is not entitled to an increased purse for the Mitchell fight, as no binding agreement was reached. Mr Warren is not personally liable as guarantor. Mr Burns was not entitled to terminate the Promoter Agreement as of 6 March 2013, as FWP's late payments did not amount to repudiatory breach at that time. FWP suffered no recoverable lost profits, and any such claim would be extinguished by set-off against sums owed to Mr Burns.

Parties
First Claimant: Frank Warren; Second Claimant: W. Promotions Limited; Defendant: Ricky Burns
Jurisdiction
England and Wales
Judgment Date
13 November 2014
Procedural Posture
Civil (contract/commercial) / Judgment After Trial
Outcome
Partially in favour of both parties; Mr Burns owes commission, FWP owes Mr Burns purse balance, no lost profits recoverable.
Legal Topics
Manager and Promoter Agreements, Waiver of Contractual Rights, Repudiatory Breach, Set Off, Personal Guarantee, Assignment of Contractual Rights
Contract Law Sports Law Insolvency Law Manager and Promoter Agreements Waiver of Contractual Rights Repudiatory Breach Set Off Personal Guarantee +1 more

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Parties

Frank Warren

First Claimant

W. Promotions Limited

Second Claimant

Ricky Burns

Defendant

Procedural Posture

Civil (contract/commercial) / Judgment After Trial

Legal Issues

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

Ratio Decidendi

Mr Burns owes unpaid commission under the Manager Agreement, as no effective waiver occurred. He is not entitled to an increased purse for the Mitchell fight, as no binding agreement was reached. Mr Warren is not personally liable as guarantor. Mr Burns was not entitled to terminate the Promoter Agreement as of 6 March 2013, as FWP's late payments did not amount to repudiatory breach at that time. FWP suffered no recoverable lost profits, and any such claim would be extinguished by set-off against sums owed to Mr Burns.

Court Disposition

Partially in favour of both parties; Mr Burns owes commission, FWP owes Mr Burns purse balance, no lost profits recoverable.

Orders

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