Professional Negligence: Commercial Goal
The negligence claim by the Football League against its former solicitor, Edge Ellison, has thrown new light on the scope a legal adviser has to give commercial guidance to a client. Peter Mansfield reports
August 09, 2006 at 08:03 PM
7 minute read
You are in the pub. You have a pint in your hand and are discussing the football match. Your team started well, but somehow you ended up losing. What went wrong? If only your striker had scored that chance. If only your defender had made that tackle. After the event, it is easy to work out what went wrong. It is easy to find someone to blame.
That, in essence, is what happened in The Football League v Edge Ellison [2006]. On 15 June, 2000, the Football League negotiated an amazing deal with ONdigital for the television rights to Football League matches – £315m over three years for the rights to screen games such as Hartlepool versus Barnet and Hereford versus Grimsby. But then it all went wrong. In March 2002, ONdigital went into administration and, in October 2002, it descended into liquidation. At the time of its demise, it still had £178.5m to pay the Football League.
The Football League went to the metaphorical pub and ordered the metaphorical pint to discuss the gist. So, what went wrong? If only the League had obtained a guarantee from ONdigital's parent companies, Granada and Carlton. If only its solicitor had advised us to do that. After the event, it is easy to work out what went wrong. It is easy to find someone to blame and, in this case, that someone was the Football League's legal adviser – Edge Ellison.
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