A former football agent who sued Dundee United for £75,000 as his share of the transfer fee for Johnny Russell has failed in a court bid to resume the civil action.
Lawyers for Charles Duddy, whose company Premier Sports Management International Ltd of Broughty Ferry had its claim for the money rejected by a sheriff earlier this year, were told by Sheriff Elizabeth Munro they were too late in lodging a cheque to resurrect the action.
The sheriff at Dundee Sheriff Court found in favour of the defendant, leaving the company liable for all expenses.
Mr Duddy had originally raised the action after claiming the money as part of Russell’s transfer to Derby County in the summer of 2013.
United defended the action, saying they had not entered into a contract with Mr Duddy and therefore were not liable for the payment.
Sheriff McFarlane agreed and Mr Duddy appeared to have abandoned the action.
However, the court heard Mr Duddy’s solicitors had intimated they were going to re-raise the action in the Court of Session.
When the case called in Dundee this week United’s lawyers wanted to get the case finalised with decree in their favour (absolvitor).
They were asking for that since Mr Duddy had not settled the expenses of the action, thought to be around £5,000, within 28 days of the amount being fixed by the Auditor of Court.
If absolvitor was granted, then the pursuers cannot re-raise the action.
However, Mr Duddy’s solicitors tendered a cheque some 70 days after the amount was fixed, saying that was due to a mix-up in their office as to whether the case had been dismissed, along with a partner leaving the law firm.
Granting the decree of absolvitor, Sheriff Munro found the company liable for the additional costs incurred.
The company has 14 days to appeal that decision.