Proactive loses appeal over Rooney claim
PROACTIVE Sports Management, the former Wilmslow-based agency now owned by Gresham Private Equity, has lost a claim in the Court of Appeal for ongoing commission on Wayne Rooney’s image rights.
The court upheld an earlier verdict handed down by His Honour Judge Hegarty QC in July 2010 that Proactive’s claims over Mr Rooney’s image rights were unenforceable.
The Manchester United and England striker parted company Proactice, which had previously acted for him, in 2008.
Following his departure, Proactive issued a claim for £4m, as well as commissions over future earnings worth an estimated £3-4m.
Mr Rooney was represented by Geraldine Ryan of law firm Hill Dickinson.
She said: “Wayne’s former agents had hoped that the Court of Appeal would overturn the earlier decision made in Manchester High Court but Lady Justice Arden and Lord Justices Sullivan and Gross ruled unanimously that the image rights agreement remained unenforceable as being in unreasonable restraint of trade.”
“Wayne Rooney has always made it clear that he would pay any sums that were properly due to Proactive and a hearing will now take place in Manchester High Court to assess whether the sums paid by Rooney to Proactive to date reasonably cover the level of services previously provided by Proactive.”
The Court of Appeal did, however, order that Coleen Rooney’s company, Speed 9849 Ltd, pay Proactive a further sum for work conducted on her behalf after she had left the agency. The level of payment required will also be assessed by the High Court.
