Bellew free!
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He is free now. He did leave but board made there decision.
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Good on Tony, he'll be a Matchroom fighter within the week..
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Good news for Tony, but he might find a Clev rematch is less likely
Could someone in the know please explain the process & how Tony was able to walk away from Frank whilst still under contract (?) & what this means for other fighters who may also be unhappy with their present situation
Could someone in the know please explain the process & how Tony was able to walk away from Frank whilst still under contract (?) & what this means for other fighters who may also be unhappy with their present situation
G
Guest
·think there is something in managment contract law which states if you have lost all trust in your managment you can terminate the contract. pretty sure there was strong evidence in terms of not getting paid on time etc too.
Miranda is a good start. Get Tony some of these international straps and start working his way up the rankings. if he wants Cleverly, become his mandatory.
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Mando's don't mean shit in reality.
There's a mega-thread on BoxRec about the ins and outs. Easiest way to find it is to search for the posts of a chap called Rumpole who is a former barrister - and obviously a very clever, experienced bloke. In a ridiculously simplistic summary, if you're a boxer and can make the case that you're being f**ked about, because your skills deteriorate so quickly (in legal terms, where things take years to sort out) and that in boxing you REALLY need someone you can trust working for you because of the special nature of the sport, you can move on.
All you need to do is have the bollocks of Bellew - and the backing of someone like Rumpole - and you're sorted. If only all the boxers could get together and do the same thing, both they and the sport would be a lot better off.
Well done, Bomber (and Rumpole)!
All you need to do is have the bollocks of Bellew - and the backing of someone like Rumpole - and you're sorted. If only all the boxers could get together and do the same thing, both they and the sport would be a lot better off.
Well done, Bomber (and Rumpole)!
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This is the boxrec thread.. http://boxrec.com/forum/viewtopic.php?f=9&t=152427
Just had a read, too much legalese gives me a headache but its an interesting topic.
Just had a read, too much legalese gives me a headache but its an interesting topic.
The position at law following the decision of the Court of Appeal in the case of Warren v Mendy [1989] 1 WLR 853 is that in practice any boxer can simply walk away from any management or promotional agreement and the Courts cannot compel him to continue with the contract. This is because boxing involves a special skill or talent which could be seriously affected and could possibly put the boxer at risk if he was compelled to continue to work for a man who he detested or had lost all trust and confidence in. It does not apply to normal commercial contracts.
However, if the boxer does not have solid contractual grounds which would allow him to determine any normal contract then, although the boxer cannot be ordered to continue with the contract, that is the Court cannot make an order of "Specific Performance", the boxer may be ordered to compensate the ex-manager or promoter for any financial loss that they will sustain as a consequence of the boxer no longer being under contract to them. Usually 25% of any purse monies until the date that the contract would have ended. See the decision of the Board in James DeGale's case.
In Tony's case I was able to convince the Board that we had more than adequate grounds for determining the contract given the numerous breaches of both the contractual terms and the Board's own Rules and Regulations by the manager. The Board have determined that the management contract was legitimately determined and that Tony does not have to pay his ex-manager a single penny by way of commission for any future fights. Read the case of Warren v Mendy and if you have any problems, contact me.
I hope that this helps.
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Could DeGale not do this too?
Chunky has done this.
He appeared before the Board on the 18th. July represented by Ian Mill Q.C. The Board ordered that he did not have to continue with the contract with the Bunny, not that the Board had any choice in the matter as they cannot overule the Court of Appeal, but that he had to pay the Bunny 25% of any purse monies which he received until April 2013, when his contract would have expired.
He appeared before the Board on the 18th. July represented by Ian Mill Q.C. The Board ordered that he did not have to continue with the contract with the Bunny, not that the Board had any choice in the matter as they cannot overule the Court of Appeal, but that he had to pay the Bunny 25% of any purse monies which he received until April 2013, when his contract would have expired.
G
Guest
·Rumpole. How comes DeGale has to pay 25% and Bellew doesn't?
Theres plenty of other fighters that would like to leave.
Theres plenty of other fighters that would like to leave.
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Degale out until May next year then. :-(
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Thankyou for your response, Ive had a quick read of Warren v Mendy & understand the bare basics (I think)
One question if I may, the above posted I assume applies to the management contract between Bellew & Warren. What happens regarding the promotional contract between Bellew & FWP? Is that null & void due to Tony determining his management contract with Warren or is it another barrier to overcome?
I have stated the reason in the post above.
Although special rules apply to a contract involving a special skill or talent, general contractual law still applies. A person wishing to end a contract must have grounds for ending the contract, such as, being able to show that the manager has not performed his contractual duties such as:
Breach of Regulation 5.17 of the Board's Rules and Regulations: None payment of a purse to a Boxer by a Promoter MUST be reported to the General Secretary by the aggrieved Boxer or his Manager immediately and in any event not more than 14 days after the date of the contest.
It should be noted that the Promoter, NOT THE PROMOTIONAL COMPANY, Frank Warren Promotions Ltd, Matchroom Sport Ltd., etc. These companies DO NOT have a PROMOTER'S licence issued by the Board, so the Promoter, Bunny, Eddie Hearn, Frank Maloney etc. by virtue of Regulation 9.37 Must pay the Boxer on the night of the contest if the purse is £3,000 or less and in any event, within 7 days of the contest in all other cases.
If a Boxer does not have a good legal reason for ending the contract and cannot establish that his manager or Promoter is in breach of the contract then, given the special rules for a contract involving a special skill or talent, although he can walk away from the contract and cannot be compelled to perform it, he is likely to be found liable for any financial loss suffered by the Promoter or Manager and rightly so.
It would be bad law for people to enter into a binding contract and then just walk away if they feel like it when the other person has not done anything contractually wrong, even if you don't like the suits that they wear or their breath smells.
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