Good faith and ‘matching’ in New Balance Athletics, Inc v Liverpool FC and Athletic Grounds Ltd - an analysis by Neil Fawcett

29th October 2019

3PB specialist commercial and property barrister Neil FawcettNeil FawcettCall: 2006 analyses the decision in New Balance Athletics, Inc v Liverpool Football Club and Athletic Grounds Ltd [2019] EWHC 2837 (Comm) regarding the interpretation of an implied term of good faith in a sponsorship agreement between a football club and a manufacturer of sportswear, as well as summarising the familiar principles of construction in relation to contracts of good faith. The article also deals with the court’s decision on terms for ‘matching’ and considers drafting and strategic management of matching clauses.

This article was first published by Lexis®PSL on 29/10/2019.

Click here to read Neil's analysis.