Written by Lisa Navarro and Stephen C. Tupper

On 1 December 2012 the Court of Appeal (“CA“) upheld the High Court’s decision in the dispute between Wayne Rooney and his former management company, Proactive Sports Management Limited (“Proactive“). The case centred around whether or not the image rights agreement (the “Agreement“) that Wayne Rooney entered into with Proactive when he was 17 was unenforceable by reason of it being in restraint of trade. The High Court and the CA agreed that it was.

The Agreement appointed Proactive as Rooney’s sole and exclusive representative with regard to the exploitation of Rooney’s image rights. It was entered into in 2003 for a term of eight years and entitled Proactive to a 20% commission on all relevant contracts and arrangements negotiated by Proactive. As noted above, Rooney was only 17 at the time and did not take legal advice when signing up to the Agreement.
Continue Reading Rooney and restraint of trade – the doctrine is still alive and kicking