Frampton (Carl) v McGuigan (Finbar Patrick "Barry"), McGuigan (Shane) and Cyclone Promotions (UK) Limited
| Jurisdiction | Northern Ireland |
| Judge | Horner J |
| Neutral Citation | [2018] NIQB 52 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 14 September 2018 |
1
Neutral Citation No: [2018] NIQB 52
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: HOR10601
Delivered: 14/09/2018
No: 124122/2017; 124118/2017
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (COMMERCIAL LIST)
________
WRIT NO: 124122/2017
Between:
CARL FRAMPTON
Plaintiff;
and
FINBAR PATRICK “BARRY” McGUIGAN
First Defendant;
SANDRA McGUIGAN
Second defendant;
CYCLONE PROMOTIONS (UK) LIMITED
Third Defendant;
________
WRIT NO: 124118/2017
Between:
CARL FRAMPTON
Plaintiff;
and
CYCLONE PROMOTIONS LIMITED
Defendant.
________
HORNER J
Framework of Judgment
A. INTRODUCTION [1]-[5]
B. BACKGROUND FACTS [6]-[16]
C. THE ISSUES [17]
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D. RELEVANT LEGISLATIVE PROVISIONS [18]-[27]
E. EX PARTE APPLICATION [28]-[32]
F. THE PRESENT APPLICATION [33]
G. THE BURDEN AND STANDARD OF PROOF [34]-[36]
H. LIS ALIBI PENDENS AND SERVICE OF PROCEEDINGS [37]-[51]
I. THE DOMICILE OF BARRY McGUIGAN
& SANDRA McGUIGAN [52]-[60]
J. CYCLONE CONNECTION COMPANIES [61]-[69]
K. THE SECOND CLAIM [65]-[71]
L. THE FIRST CLAIM [72]-[95]
M. UNJUST ENRICHMENT [96]
N. EXCLUSIVE JURISDICTION [97]-[99]
O. FORUM NON CONVENIENS [100]-[109]
P. CONCLUSION [110]-[112]
________
A. INTRODUCTION
[1] Carl Frampton (“Frampton”), a boxer of formidable reputation and a former
World Champion, is locked in litigation with Barry McGuigan (“McGuigan”), a
retired boxer also of formidable reputation and a former World Champion, various
companies, many of which include the name “Cyclone” in their title and in which
McGuigan has or has had an interest, and other members of the McGuigan family,
his wife, Sandra McGuigan (“Sandra”) and his son, Blain McGuigan (“Blain”) who
either are or were directors in companies in which McGuigan has or has had an
interest. I refer to these parties who are litigating with Frampton generically as the
“Cyclone Connection” for ease of reference.
[2] Frampton wants the Northern Ireland court to determine the outcome of the
two sets proceedings which he has issued here, and if possible, the one set of
proceedings which the Cyclone Connection has issued in England. The Cyclone
Connection wants the English court to hear and determine the claim it has issued in
England and served on Frampton and indeed to hear all the disputes between it and
Frampton. Neither party is prepared to give way. The issue of jurisdiction has come
on before the Northern Ireland court first. In due course the English court will have
to consider what it should do in respect of the proceedings which have been brought
by the Cyclone Connection against Frampton in England and it may also have to
consider an arbitration arising out of the Approved Boxer/Manager Agreement
between Frampton and McGuigan which has been stayed by consent for a period of
three months to permit the parties to file their pleadings in the English court
proceedings.
[3] This is a matter that has been vigorously contested on both sides. There is a
plethora of background information contained in four ring binders, which are relied
on by both sides. There are countless authorities which the court has been referred
to by both parties in support of their various claims and counterclaims.
3
Surprisingly, there is no affidavit from McGuigan, although there are lengthy
affidavits from his instructing solicitor and his wife, Sandra. There has been
reference to various statutes, European Directives, Conventions and Regulations and
text books, all of which have required careful consideration.
[4] I am indebted to the detailed skeletons filed by both sides supplemented by
extensive oral submissions over 2 days. I did make it clear to both sides that if either
side wished the court to consider a particular argument, then it had to be opened in
court. Further, given the number of authorities to which the court has been referred,
I expected the Practice Direction to be followed. Consequently, I have read in full
those authorities which have been asterixed and those sections of the other
authorities which have been highlighted by the parties.
[5] It is fair to say that almost every point which could be taken has been taken.
Many of those arguments have been developed before me with considerable skill on
both sides. Both sets of counsel are to be congratulated on the quality of their
submissions, both written and oral, in this keenly contested dispute on jurisdiction. I
have taken them all into account although to deal with each point of contention
individually would result in a judgment which would necessarily be even more
prolix and diffuse than the present one.
B. BACKGROUND FACTS
[6] Frampton, aka “The Jackal”, was born in Tiger’s Bay on 21 February 1987.
This fiercely loyalist area is separated from the republican neighbourhood of
New Lodge by the main New Lodge Road. From his birth, this area in which he has
lived has been scarred by sectarian violence. Frampton married Christine Frampton
(“Christine”) who was raised in Poleglass, a housing estate with both republican and
nationalist sympathies in West Belfast. Theirs is a “mixed” marriage.
[7] Frampton learnt his boxing skills in the Midland Boxing Club off the
Shore Road. He was a two times Irish Amateur title holder and won a silver medal
at the European Amateur Championships. Boxing, like rugby in Ireland, is a sport
where members of the national team come from both sides of the border. In 2014
Frampton fought Kiko Martinez at the Odyssey Arena aka “The Jackal’s Den” for the
IBF Super Bantamweight Championship. He was successful and became World
Champion. Frampton’s successes in the ring have united a divided and troubled city
and country. Both Northern Ireland’s Protestant and Catholic communities have
celebrated the success of this local lad and have rejoiced in his good fortune.
Frampton rightly enjoyed an official reception which was given in his honour at
Belfast City Hall.
[8] In truth Frampton was following in the very large footsteps of McGuigan aka
“The Clones Cyclone”, a Roman Catholic from Clones, just over the border in the
Republic of Ireland, married to a Protestant, Sandra. Years before McGuigan had
united both sides of a very divided Northern Ireland community when he fought
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