McIlroy seeks autumn date for legal challenge

Golfer Rory McIlroy wants an autumn trial date for his legal challenge to the validity and enforceability of representation agreements involving allegedly “unreasonable” fee rates and commissions, the Commercial Court has been told.

Counsel for McIlroy, Rossa Fanning BL, said his side is anxious for a trial date in October because the golfer, due to his commitments, has “limited windows”.

Paul Sreenan SC, for the three defendant companies, said he was not sure if that trial date could be achieved. His clients would do their best to discover all the documents sought for the hearing by June 12 but could not guarantee that deadline would be met.

Justice Mary Finlay Geoghegan said the matter would be listed on June 16 for further directions when it would be up to the judge dealing with it to decide if a trial date could be fixed.

McIlroy’s case is against Dublin-based Horizon Sports Management Ltd; Gurteen Limited, with a registered address in Malta, and Dublin-based Canovan Management Services.

He argues a representation agreement signed by him in December 2011 is not valid and unenforceable on grounds including undue influence. That agreement was signed when he was aged 22, inexperienced and without the benefit of independent legal advice.

The agreement, he also alleges, resulted in his paying more than US $6.8m based on “unreasonable” fee rates “many times greater” than the standard in the golf industry, including 20% commission on his off-course earnings and 5% on his on-course earnings

He also alleges the defendants are not entitled to be paid certain fees into the future related to his US$20m a year sponsorship deal with sportswear giant Nike.

The defendants deny the claims and have counter-claimed for US$3m allegedly outstanding for off-course gross revenues and other sums allegedly outstanding under the December 2011 and a March 2013 agreement, plus damages for alleged past and continuing breaches of the agreements.

The sides have also agreed evidence may be taken on commission from Owen O’Connell, a solicitor and partner in William Fry Solicitors, who is unwell.

He was present for the execution of the December 2011 agreement.