McIlroy hearing about disclosure of materials adjourned to next month

Hearing scheduled for yesterday but parties informed on previous evening there was no judge available to take it

 Rory McIlroy. Photograph:  Mark Metcalfe/Getty Images

Rory McIlroy. Photograph: Mark Metcalfe/Getty Images

 

A hearing about disclosure of materials and documents for golfer Rory McIlroy’s legal action over a disputed representation agreement will be held next month.

The hearing was scheduled for yesterday but the parties were informed the previous evening that there was no judge available to take it.

Yesterday (Thursday), Mr Justice Brian McGovern, who was at a hearing in another matter, said he had been informed the president of the High Court, Mr Justice Nicholas Kearns, could hear the pre-trial applications.

However, lawyers for a number of the parties said, having been informed on Wednesday there would not be a judge available for a hearing yesterday, other arrangements for those involved in the case had been made.

Rossa Fanning BL, for Mr McIlroy, said he was aware the President had yesterday been assigned a day-long case.

In those circumstances, Mr Justice McGovern said, he would adjourn the matter to December 9th when a judge will be available.

Mr McIlroy is suing Horizon Sports Management Ltd, along with Gurteen Ltd, with a registered address in Malta, and Canovan Management Services, also based in Dublin, claiming a representation agreement signed by him in December 2011 is invalid and unenforceable on a number of grounds including alleged undue influence.

The defendants deny the claims and have counter-claimed for some US$3 million allegedly outstanding under the agreement for off-course revenues.

In the pre-trial applications, the defendants seek a a discovery order against Mr McIlroy in relation to inspection of his mobile phones.

They also seek orders for more and better discovery against a number of people who are not parties to the case. One of those is Mr McIlroy’s father, Gerry, although the court was told last week that application is unlikely to substantially proceed.

Mr McIlroy seeks discovery orders against the defendants for further and better particulars of matters already given in court papers.

Mr Justice McGovern said yesterday he wanted to ensure the hearing of the full action will go ahead next February and the hearing of pre-trial matters needed to be dealt with in good time. The president of the High Court would be the trial judge, he added.