Full updated article here:Bolton Wanderers have won their protracted legal battle with a football agent over claims he was cut out of a lucrative deal to sign a £1 million player.Judge David Waksman today ruled against agent Tony McGill on all claims that Wanderers and The Sport and Entertainment Media Group (SEM) cut him out of the 2007 transfer of midfielder Gavin McCann from Aston Villa.
But the judge also said he agreed with many of the facts outlined by Mr McGill and told Manchester Civil Justice Centre that evidence given by Whites chairman Phil Gartside was “unsatisfactory”.
He added that the result of the case was “unfortunate”.
Mr McGill is now appealing against the decision.
Judge Waksman said Mr Gartside appeared “visibly uncomfortable” while giving evidence on whether a transfer document relating to the deal was backdated.
Mr Gartside originally claimed to have signed the document on June 1, but then admitted signing it on June 8.
He said his change of position came about after subsequently seeing the signed and dated agreement.
Judge Waksman said: “I consider that Mr Gartside only accepted that he signed the document on June 8 when the other evidence rendered such a concession inevitable.”
Mr Gartside said he approved the appointment of SEM and agreed the £1 million transfer fee for the player with the then-Aston Villa chief executive Richard Fitzgerald.
But in a letter written by solicitors on his behalf in 2009, he said “he had no personal involvement in the transfer of Mr McCann to Bolton”.
Mr McGill claimed throughout the case that he had agreed terms for the deal with Villa’s manager Martin O’Neill.
Judge Waksman also said Mr McCann was a “very unsatisfactory witness” and sometimes “clearly untruthful”.
Mr McGill accused SEM of using an unlicensed agent in Dave Sheron, one of the defendants.
Judge Waksman agreed, stating: “In my judgment it is plain that this is what he (Sheron) was doing”.
He also concluded that Mr Sheron had induced Mr McCann to “break his contract with Mr McGill”.
Judge Waksman also ruled that SEM had carried out a “switch” on the McCann deal.
He said: “In truth SEM was acting for Mr McCann in finalising the deal, on the facts as found by me.
"And the fact that in the end SEM ‘switched’ into an agency for Bolton makes no difference.”
Mr McGill was pursuing £300,000 of damages and accused some or all of the defendants of conspiracy to injure, conspiracy to use unlawful means, unlawful interference, breach of confidence and inducement to breach of contract.
He failed on all counts against all defendants — SEM and Bolton Wanderers; Frank McParland, Sammy Lee, Mr Gartside, Simon Marland, from Bolton Wanderers; and Jeffrey Weston, Jerome Anderson, and Dave Sheron, from SEM.
The loss being pursued by Mr McGill was agency fees he would have gained by completing the deal as Mr McCann's agent.
Judge Waksman said: “The claim requires proof that Mr McCann would have signed such a written agreement. There is in fact no real evidence that he would have done so.
“The claim must fail. Given that I have upheld Mr McGill's factual contentions on the preceding matters, that might seem an unfortunate result.”
He added that Mr McGill was “always at risk” because he did not have a written contract in place with Mr McCann.
A Whites spokesman said: “Mr McGill failed in every claim he made against the company or any individual from the company.”
Nobody from SEM attended the verdict and the company was available for comment following the hearing.
Mr McGill will to have to appeal directly to the Court of Appeal.
He must pay 30 per cent of SEM's costs and 80 per cent of the costs incurred by Wanderers on fighting the case.
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