Use Subheadings– but do not use more subheadings than listed below Introduction ● Signpost reader to the contents of your essay Campaign Overview ● Identify the campaign you are focusing….
Wahda Football Club Limited (the claimant) have brought a claim against IOhSee Limited (the defendant), for breach of contract
From a consideration of the case study background and synthesis of the data contained in the information pack (available on Moodle), you will prepare an expert report for use and presentation in court.
The solicitor (acting for the claimant) provided the following specific instructions:
The report is for a civil case, where Wahda Football Club Limited (the claimant) have brought a claim against IOhSee Limited (the defendant), for breach of contract.
You are to quantify Wahda Football Club Limited’s losses in respect of its relationship with IOhSee Limited.
On 31 May 2017, IOhSee Limited, a construction firm, won a bid run by Wahda Football Club (“WFC”) for the construction of their new stadium. IOhSee began construction on 1 July 2017. According to the final contract, the stadium was to be completed by 1 July 2019, in time for the start of the new season on 1 August 2019.
On 1 August 2019, WFC brought a claim against IOhSee Limited for breach of contract.
You have been made aware of the following:
1. The stadium was completed on 31 March 2020, by which time WFC had played 13 home matches.
2. WFC had to rent a football ground to play their home matches during the 2019-20 season. This cost £1,045,000 for the season (19 home matches).
3. WFC were unable to sell tickets for home matches. They had anticipated to sell 40,000 normal tickets (at an average of £40) per game and 10,000 season tickets (at an average of £700 for the year).
4. WFC had arranged for a well-known music group, Starpop, to stage a concert at their stadium on 4 February 2020. Starpop had paid WFC £30,000 for use of the stadium. WFC had to refund this amount and pay Starpop an extra £5,000 on top as a result of forcing the cancellation. WFC had hoped that there would be at least 3 concerts a year staged at their stadium.
5. WFC had secured a sponsor, Dodgybet, who paid £4.75m for 5-year naming rights for the stadium. This contract was cancelled on 1 August 2019. Dodgybet have since sponsored a stadium in Australia for a smaller amount.
6. WFC were due to receive rent and management fees from the concession company, Feedthemnow Limited, for food and drink provision within the stadium. Feedthemnow Limited were due to pay WFC £3m for the 2019/20 season.
7. WFC projected that they would receive £4.56m in advertising revenue for home match days for the 2019/20 season as this is comparable with their closest rivals. Other similar-sized clubs receive between £3.89m and £5.76m a season.
8. WFC’s local rivals (playing in the same league) earn £1m in hospitality income per season. WFC’s new stadium has got twice as many corporate boxes and superior facilities to that of their rivals.
9. Reputational damage has been a problem for WFC, with a large number of disgruntled fans protesting and threatening to withdraw support for the team as a result.
10. Media reports on the case have noted that one of the IOhSee directors, Jacob Moggston, was previously involved with another construction company, IOhHear, which defaulted on 4 different venue construction projects in BVI.
11. IOhSee management declined to participate in interviews or to provide any information.