Proform Sports Management Ltd v Proactive Sports Management Ltd and Another
| Jurisdiction | England & Wales |
| Judgment Date | 26 July 2006 |
| Neutral Citation | [2006] EWHC 2903 (Ch),[2006] EWHC 2812 (Ch) |
| Date | 26 July 2006 |
| Court | Chancery Division |
CHANCERY DIVISION
Before Judge Hodge, QC
AN AGREEMENT between a child footballer and his agent was not analogous to contracts of employment, apprenticeship or education and was voidable at the option of the footballer.
Judge Hodge, QC, so held in Manchester District Registry of the Chancery Division allowing an application by the defendants, Proactive Sports Management Ltd and Paul Stretford, for summary judgment in a claim brought by Proform Sports Management Ltd.
Proform entered into a player representation agreement with Wayne Rooney, under which he appointed them to act as his executive agents and to represent him in all matters relating to his work as a professional footballer. That agreement was entered into when Mr Rooney was and 15 and already with Everton Football Club as a trainee.
Proform alleged that, during the currency of the agreement, Proactive also entered into a player representation agreement with Mr Rooney. They brought an action for damages for unlawful interference with and/or the procuring of a breach of the contract.
Mr Victor Joffe, QC, and Mr David Casement for the defendants; Mr Timothy King, QC, for the claimants.
JUDGE HODGE said he agreed with Mr Justice Slade's assumption inGreig v InsoleWLR ((1978) 1 WLR 302) that it was not a tort for a third party to induce a person to exercise a lawful right to rescind a contract.
It followed logically, that it was also not a tort to procure the breach of a voidable contract, at least where the person induced was the person who enjoyed the right to rescind.
That conclusion made it necessary to decide whether the agreement was voidable by Mr Rooney. The general rule was that a minor's contract was voidable at his option, the exception being contracts for necessaries. "Necessaries" included contracts of apprenticeship...
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