Rory McIlroy entitled to see Graeme McDowell documents, court rules

McIlroy to swear affidavit that he does not have phone records

Golfers Rory McIlroy and Graeme McDowell: A court has ruled that McIlroy must be given access to McDowell’s documents. Photograph Scott Halleran/Getty Images

Golfers Rory McIlroy and Graeme McDowell: A court has ruled that McIlroy must be given access to McDowell’s documents. Photograph Scott Halleran/Getty Images

Thu, Jul 24, 2014, 18:38

Rory McIlroy can see documents concerning fellow golfer Graeme McDowell’s involvement with a sports representation agency, a High Court judge has ruled.

The agency is being sued by Mr McIlroy over a representation deal.

Mr Justice Peter Kelly also ruled that information from Mr McIlroy to the effect no data is available from various mobile phones held by him over a number of years should be sworn to in an affidavit.

While the defendants complained about the lack of data, the court could do no more now than direct Mr McIlroy to swear an affidavit concerning various phones and devices, the judge said.

He noted the court had been informed that because Mr McIlroy had not backed up his previous devices, there was no data on those.

Ciarán Lewis BL, for the defendants, said there was a “stark lack” of documents from Mr McIlroy, including documents leading to Mr McIlroy signing a representation agreement in December 2011.

Mr McIlroy’s counsel Rossa Fanning BL said there was “nothing sinister” in Mr McIlroy regularly changing mobile phones and laptops. As a professional golfer in the public domain moving across jurisdictions, Mr McIlroy has more reason that most to change his phone, he said.

Mr Justice Kelly dealt yesterday with pre-trial discovery applications in the action by Mr McIlroy challenging the validity and enforceability of representation agreements involving allegedly “unreasonable” fees and commissions.

The case, against Horizon Sports Management Ltd, Canovan Management Services, is listed for January 27th.

Mr McIlroy disputes claims he had a representation agreement with Gurteen or Canovan rather than Horizon.

The judge ruled Mr McIlroy was entitled to all documents held by the defendants related to Mr McDowell’s involvement with Horizon.