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Football Intermediary Representation Contract – Liquidated Damages or Penalty Clause?

Oct 10 2018

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David Winnie (solicitor at CDS Mayfair) recently acted on behalf of Chilean International football player, Guillermo Maripan, who currently plays for Spanish La Liga club, Deportivo Alaves, in a matter concerning an alleged breach of contract.

An Italian football agent based in England had claimed that Maripan purportedly breached the terms of a representation contract between the two parties. In particular, the agent sought to rely on a liquated damages clause contained in the representation contract which obliged the player to pay a fixed sum or a percentage of the player’s gross income in the event of a breach of an exclusivity clause.

The agent sought to issue proceedings in the High Court seeking a substantial six figure sum in damages.

Mr Winnie successfully resisted these claims on behalf of the player.

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