Donaghy (t/a Arena Sports Management) v Goodwillie [2013] ScotCS CSOH_117 (10 July 2013)

Donaghy (t/a Arena Sports Management) v Goodwillie [2013] ScotCS CSOH_117 (10 July 2013)

The pleadings disclose a prima facie enforceable contract between the parties, even without a written remuneration clause or registration under the SFA Regulations. The SFA/FA regulatory frameworks are not automatically incorporated into the private contract. The pursuer's averments are sufficient to allow the case to proceed to proof before answer, including the alternative case based on personal bar.

Citation
[2013] ScotCS CSOH_117
Parties
Pursuer: Mark Donaghy trading as Arena Sports Management; Defender: David Goodwillie
Jurisdiction
Scotland
Judgment Date
10 July 2013
Procedural Posture
Civil (breach of Contract, Agency) / Procedure Roll Debate on Relevancy; Decision to Allow Proof Before Answer
Outcome
Defender's motion to dismiss refused; proof before answer allowed, reserving all pleas and expenses.
Legal Topics
Breach of Contract, Agency Agreements in Professional Sports, Application/incorporation of Regulatory Rules, Personal Bar (estoppel), Remuneration of Agents
Contract Law Sports Law Agency Law Breach of Contract Agency Agreements in Professional Sports Application/incorporation of Regulatory Rules Personal Bar (estoppel) Remuneration of Agents

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Parties

Mark Donaghy trading as Arena Sports Management

Pursuer

David Goodwillie

Defender

Procedural Posture

Civil (breach of Contract, Agency) / Procedure Roll Debate on Relevancy; Decision to Allow Proof Before Answer

Legal Issues

  1. 1 Whether the agency agreement between the pursuer and defender is enforceable despite non-registration under SFA Regulations and absence of a written remuneration clause
  2. 2 Whether the SFA and FA regulatory frameworks are incorporated into or apply to the private contract between the parties
  3. 3 Whether the pursuer's claim for damages for lost commission is relevantly pled

Ratio Decidendi

The pleadings disclose a prima facie enforceable contract between the parties, even without a written remuneration clause or registration under the SFA Regulations. The SFA/FA regulatory frameworks are not automatically incorporated into the private contract. The pursuer's averments are sufficient to allow the case to proceed to proof before answer, including the alternative case based on personal bar.

Court Disposition

Defender's motion to dismiss refused; proof before answer allowed, reserving all pleas and expenses.

Orders

  • Refuse defender's motion to dismiss for irrelevancy and lack of specification.
  • Allow proof before answer, reserving all pleas.