Benn v Eubank Jr costs?

Lucan Unlordly

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Feb 24, 2009
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Anyone who follows boxing will know that the much publicised bout between the sons of Chris Eubank and Nigel Benn was to take place tonight. The show has been cancelled following a positive drugs test submitted by Conor Benn. Ticket monies to be refunded.

However, I have a mate who has flown down from Scotland, booked hotel accommodation etc., so he's out of pocket big time. Normally when these things happen it's just bad luck, but the British Boxing Board and the promoters Matchroom apparently knew about the failed test 2 weeks ago. Would my mate have a claim against either to cover part or all of the costs incurred?
 
Depends on the T&C of sale. 99.99% of the time, the answer is no. He should look for something like -
"If an event is cancelled, rescheduled, materially altered or significantly relocated by the Seller, all liability is limited to the amount for which the ticket was purchased (including any fees or charges) and cannot include other costs incurred by those attending the event."

In this case, the counter-party will be the sales agent and/or the promoter and not the authorising body. If Matchroom deliberately sought to hide the fact that the fight was not to take place and the BBB had already cancelled the event in a timely manner, he might have a case. However, They may argue that they considered the cancellation to be provisional and subject to final confirmation.

On a side note - boxing is a sport that is quite hard enough - try running a marathon while someone is punching you in the face - without taking female fertility drugs! Silly boy!
 
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    I'm gutted the fight is off, I was really looking forward to it. Imagine the cost of all the promotions, booking the venue contracts, legal fees and so on.. must run into millions..

    I'd be very doubtful that your friend would have a claim against anyone, I've never heard of insurance for such a scenario - and where would the claims end, people would be all over it
     
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    Lucan Unlordly

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    "If an event is cancelled, rescheduled, materially altered or significantly relocated by the Seller, all liability is limited to the amount for which the ticket was purchased (including any fees or charges) and cannot include other costs incurred by those attending the event."
    Would that still apply if the ticket was purchased within the past 2 weeks, within the time the promoters knew there was a problem?
    (Not relevant in my friends case as he bought his tickets early - but only booked flights and accommodation a week ago)
     
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    Happy to look st the T&Cs if you can find the link although i agree with The Byre that they have most likely covered themselves. I think it would be worth trying to gather such claims together to form a significant number of claims and seek to negotiate as a group . Each claim would likely come within the Small Claims track and thus the ticket sellers will be unlikely to recover their costs even if they win. It may be wiser just to agree on approach as a group but with the claims being individual as Small Claims would not deal with a strict group action.

    I feel those who bought st a time when it was known that the match would not take place do have a case because the sellers are claiming at the time they took the monies to provide an experience they knew they could not provide. in that event the T&Cs may not protect them. It could even amount to fraud.

    There are lots of ways to resolve this sort of dispute through negotiation/mediation outside of court such as by offering an upgrade higher priced ticket for the rematch or any equally high profile fight and pre-booking en bloc for a large number of hotel rooms for those wishing to go to the new fight st a heavily discounted rate ( hotel prices rocket for big events but the fight organisers can reserve for the new date before they publicise it. )

    At the very least a group should be sending a letter under the Practice Direction for Pre-Action Conduct which will at least require the organisers to set out their defence before any case is commenced. One they know there is an organised group their PR /marketing advisors will encourage them to try to do a deal.
     
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    I feel those who bought st a time when it was known that the match would not take place do have a case because the sellers are claiming at the time they took the monies to provide an experience they knew they could not provide. in that event the T&Cs may not protect them. It could even amount to fraud.
    This would be the key issue here! When did the promotor KNOW that the event could not take place and that decision was truly final?

    No event is certain to take place - anything can happen, which is why every event takes out contingency insurance - and trust me, it's expensive! Storms, flood, star gets a sore throat, riots, political intervention, fire, bailiffs come to seize the leased private jet or sound and/or lighting equipment, band members arrested, band members too drunk to perform, fights breaking out, you name it and I have had to deal with it.

    And nowadays, we have Twitter to make events even riskier - it came as no surprise to me or anyone else in the biz that Roger Waters* managed to act like a narcissistic t**t on Twitter (personal opinion) and get concerts cancelled with zero notice! Nine times out of ten, it is the stars of the show that are the cause of the problem - as was the case with this event!

    When things go wrong, the terms of the insurance are that the promotor must make every effort to correct the situation and ensure that the event goes ahead somehow. I suspect that in this case, all kinds of last-minute efforts were made to either get that pea-brained boxer's license reinstated or to find somebody else for Eubanks Jr to batter into premature dementia.

    And it is a racing certainty that those efforts went right down to the wire and the plug was only finally pulled with hours to go until the referee blew the whistle and Mr. Benn's head was kicked into play.

    In the distant past, contingency insurance companies had to pay out on daft instances cause by stupid behaviour by the stars themselves, but with notorious events around a concert by The ******** B**s, in which the lead guitarist's guitars went to the wrong airport as a result of the guitarist's own drunken/drugged behaviour, causing key staff members to have to walk off the tour.

    As he was too far-gone to play anyway and a sound-alike was playing for him off-stage and he refused to 'play' replacement guitars and the rest of the band refused to go on without him (not that they were much better!) the guy from the insurance refused to pay. It came to litigation and the insurance company lost.

    Since that and other similar cases costing millions, delinquent behaviour by performers is no longer covered.

    *"I-I-I have become uncomfortably dumb!"
     
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    Doesn't travel insurance cover this?
     
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    JEREMY HAWKE

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    Thats how boxing goes always does and always has done :):)

    Absolutely a stupid Idea for a 33 years old Eubank to cut that much weight when he boarders on super middleweight to light heavy with a walking around weight even heavier

    Benns drug result was unexpected
     
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    Lucan Unlordly

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    Happy to look st the T&Cs if you can find the link although i agree with The Byre that they have most likely covered themselves.
    Many thanks, but my mate had a great weekend, drunk himself out of his misery and has put it down to experience.
    This would be the key issue here! When did the promotor KNOW that the event could not take place and that decision was truly final?
    It seems that Eddie Hearn knew about the failed test a couple of weeks beforehand but that in itself was not considered show threatening. On top of the uncomfortable weight issue spoken of by Jeremy above and Eubank Srs attempts to stop the fight it was the British Boxing Board that pulled the plug.
     
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    JEREMY HAWKE

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    Many thanks, but my mate had a great weekend, drunk himself out of his misery and has put it down to experience.

    It seems that Eddie Hearn knew about the failed test a couple of weeks beforehand but that in itself was not considered show threatening. On top of the uncomfortable weight issue spoken of by Jeremy above and Eubank Srs attempts to stop the fight it was the British Boxing Board that pulled the plug.
    Just so that all understand! Every license holder(boxer trainer, manager and promoter) in the UK have signed an agreement with the board of control to follow the instructions of the board or local area council in all circumstances. It was reckless of Matchroom to consider finding an outside sanctioning body where a fighter had failed a drug test . Madness!
     
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