Proactive Sports Management Ltd v Rooney & Ors (Rev 1) [2010] EWHC 1807 (QB) (15 July 2010)

Proactive Sports Management Ltd v Rooney & Ors (Rev 1) [2010] EWHC 1807 (QB) (15 July 2010)

The Image Rights Representation Agreement was unenforceable as an unreasonable restraint of trade and void for mistake as to its scope. Proactive was not entitled to contractual commission or damages but was entitled to reasonable remuneration on a quantum meruit basis for services rendered to Stoneygate and Speed. No entitlement to post-termination commission was established.

Citation
[2010] EWHC 1807 (QB)
Parties
Claimant: Proactive Sports Management Limited; Defendant: Wayne Rooney; Defendant: Coleen Rooney (formerly McLoughlin); Defendant: Stoneygate 48 Limited; Defendant: Speed 9849 Limited
Jurisdiction
England and Wales
Judgment Date
15 July 2010
Procedural Posture
Commercial Contract Dispute / High Court Trial Judgment
Outcome
Claim for contractual commission and damages dismissed; quantum meruit allowed for reasonable remuneration for services rendered; no post-termination commission; counterclaim dismissed.
Legal Topics
Restraint of Trade, Mistake, Quantum Meruit, Post Termination Commission, Breach of Contract, Image Rights, Agency Agreements, Liquidated Damages
Contract Law Sports Law Restitution Agency Law Restraint of Trade Mistake Quantum Meruit Post Termination Commission +4 more

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Parties

Proactive Sports Management Limited

Claimant

Wayne Rooney

Defendant

Coleen Rooney (formerly McLoughlin)

Defendant

Stoneygate 48 Limited

Defendant

Speed 9849 Limited

Defendant

Procedural Posture

Commercial Contract Dispute / High Court Trial Judgment

Legal Issues

  1. 1 Whether the Image Rights Representation Agreement between Proactive and Stoneygate is void for mistake
  2. 2 Whether the Agreement is unenforceable as a restraint of trade
  3. 3 Whether Proactive is entitled to post-termination commission

Ratio Decidendi

The Image Rights Representation Agreement was unenforceable as an unreasonable restraint of trade and void for mistake as to its scope. Proactive was not entitled to contractual commission or damages but was entitled to reasonable remuneration on a quantum meruit basis for services rendered to Stoneygate and Speed. No entitlement to post-termination commission was established.

Court Disposition

Claim for contractual commission and damages dismissed; quantum meruit allowed for reasonable remuneration for services rendered; no post-termination commission; counterclaim dismissed.

Orders

  • Assessment of quantum meruit remuneration to be determined separately.
  • No order for post-termination commission.