Skip to content

cearta.ie

the Irish for rights

Menu
  • About
  • Privacy Policy
  • Disclaimer
  • Contact
  • Research

Category: Fiduciaries

Football and fiduciaries

19 February, 200928 October, 2009
| No Comments
| Fiduciaries, Restitution

Football, via WikipediaWhat if a footballer’s agent, in negotiating for his client, makes a secret deal with the club for himself on the side?

This is how Jacob LJ opened Imageview Management Ltd v Jack [2009] EWCA Civ 63 (18 December 2008). It concerns the bung, which is almost as endemic in football as referees, the offside trap, and angry managers. Bungs are secret payments that are sometimes part of football transfers; taking one is against the rules of football; the question in Imageview Management Ltd v Jack is whether the agent breached his duties to his client as well. The duties in question are fiduciary duties, weighty duties of loyalty owed by trustees, directors, agents, and so on.

In Boston Deep Sea Fishing v Ansell (1888) 39 Ch. D. 339, a company director secretly received commission from shipbuilders with whom an order had been placed on the company’s behalf. The Court of Appeal found him in breach of fiduciary duty. More recently, in Imageview Management Ltd v Jack [2009] EWCA Civ 63, the Court of Appeal reiterated the strictness of the fiduciary duties to which agents are subject in a case concerning a football agent. The agent was liable for a payment he received from a football club.…

Read More »

Welcome

Me in a hat

Hi there! Thanks for dropping by. I’m Eoin O’Dell, and this is my blog: Cearta.ie – the Irish for rights.


“Cearta” really is the Irish word for rights, so the title provides a good sense of the scope of this blog.

In general, I write here about private law, free speech, and cyber law; and, in particular, I write about Irish law and education policy.


Academic links
Academia.edu
ORCID
SSRN
TARA

Subscribe

  • RSS Feed
  • Twitter
  • LinkedIn

Recent posts

  • Winter is coming: the future of First Amendment analysis, and the prospects for New York Times v Sullivan, after NYSR&PA v Bruen
  • Couple mistakenly paid Aus$10.5m by Crypto.com claim they thought they had won a contest
  • Blooming Lawyers: from Sadgrove v Hole, via Palles CB and Ulysses, to Facebook
  • Women in plain sight in the law: Síofra O’Leary, Catherine McGuinness, Frances Kyle & Averil Deverell
  • Restitution of mistaken payments, again: Chase quickly recovers $50billion; while Citibank eventually recovers (a mere) $500million, defeating defences of “discharge for value”
  • Fortune favours the brave, but not the foolhardy – recipients of mistaken payments must make restitution, or face the consequences
  • Of Schrödinger’s contract and ambiguous terms: when a website mistakenly lists designer trainers for €10, do their ambiguous terms and conditions apply?

Archives by month

Categories by topic

Recent tweets

Tweets by @cearta

Licence

Creative Commons License

This blog is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. I am happy for you to reuse and adapt my content, provided that you attribute it to me, and do not use it commercially. Thanks. Eoin

Credit where it’s due

Some of those whose technical advice and help have proven invaluable in keeping this show on the road include Dermot Frost, Karlin Lillington, Daithí Mac Síthigh, and
Antoin Ó Lachtnáin. I’m grateful to them; please don’t blame them :)

Thanks to Blacknight for hosting.

Feeds and Admin

  • Log in
  • Entries feed
  • Comments feed
  • WordPress.org

© cearta.ie 2023. Powered by WordPress