England and Wales Case Law

Laurence Pagden & Ors v Mark Robert Fry & Anor

Claims against New Core 1 and New Core 2 struck out as not pleaded and amendments refused as new claims not arising out of same facts; knowing receipt claims against Soho Defendants struck out as not properly pleaded; limitation bars claims for 2011 Transfer and excessive fees outside statutory periods; section 32 Limitation Act not engaged absent deliberate concealment or breach; management deeds do not extend liability for time-barred claims; permission granted for certain amendments but refused for new claims outside CPR 17.4(2).

Source excerpt

• Liquidation
• Breach of fiduciary duty
• Knowing receipt
• Limitation
• Summary judgment
• Strike out

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Pagden & Ors v Fry & Anor

Pagden & Ors v Fry & Anor [2025] EWHC 1918 (Ch) (25 July 2025)

Interim applications in related Core VCT proceedings: several claims were struck out, some limitation-based summary judgments were granted, and some amendments were allowed.

• Breach of fiduciary duty
• Knowing receipt
• Inducing breach of contract
• Limitation
• Summary judgment
• Strike out

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McGann v Bisping

McGann v Bisping [2021] EWHC 704 (QB) (24 March 2021)

The High Court held that a sports management agreement was property in bankruptcy, not a personal services contract, so the claim vested in the trustee and was struck out.

• Bankruptcy estate
• Assignment of contracts
• Personal service contracts
• Management agreements
• Bankruptcy-estate
• Assignment-of-contracts

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McGann v Bisping

The High Court held that a sports management agreement was not a personal services contract, so it vested in the bankrupt claimant’s estate and the claim was struck out.

• Bankruptcy
• Assignment of contracts
• Personal services contracts
• Management agreements
• Assignment-of-contracts
• Personal-services-contracts

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Fairford Water Ski Club Ltd v Cohoon & Anor

Fairford Water Ski Club Ltd v Cohoon & Anor [2021] EWCA Civ 143 (09 February 2021)

The Court of Appeal held that a director’s interest in a management agreement was sufficiently disclosed under section 317 of the Companies Act 1985, so the club’s recovery claim failed.

• Director's duties
• Disclosure of interest
• Management agreements
• Limitation periods
• Remedies for breach of duty
• Company-law

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McGann v Bisping

Commercial Court dispute over a fighter management agreement, alleged commission, expenses, and disclosure issues between Anthony McGann and Michael Bisping.

• Management agreements
• Commission entitlement
• Withholding tax
• Agency law
• Contract variation
• Limitation of actions

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McGann v Bisping

McGann v Bisping [2017] EWHC 2951 (Comm) (15 December 2017)

Commercial Court judgment in a dispute between a fighter and his former manager over commission, expenses, document authenticity, and disclosure sanctions.

• Management agreements
• Commission disputes
• Restitution
• Document authenticity
• Disclosure obligations
• Relief from sanctions

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Bower Terrace Student Accommodation Ltd & Anor v Space Student Living Ltd

Bower Terrace Student Accommodation Ltd & Anor v Space Student Living Ltd [2012] EWHC 2206 (Ch) (27 July 2012)

The High Court granted receivers an injunction allowing them to manage two student accommodation properties, holding Space’s agreements did not bind the bank or confer a lease.

• Receiver powers
• Management agreements
• Leases
• Specific performance
• Landlord and tenant act 1954
• Company formalities

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Maloney v Filtons Ltd & Anor

The High Court held that the purported lease was a sham or void. The defendants were managing agents only and had to account to the receivers.

• Sham transactions
• Management agreements
• Letting agency
• Estoppel
• Lease validity
• Accounting for rent

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The New Northumbria Hotel Ltd (Company No. 3699960) v Maymask (148) LLP

On an interim application, the High Court held there was a serious issue over ownership and possession of hotel chattels, but refused injunction for most items.

• Conversion
• Interim injunctions
• Forfeiture of lease
• Ownership of chattels
• Management agreements
• Interim-injunctions

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