A judge has said he is reluctantly allowing a High Court hearing to go ahead next week regarding a dispute over a claim for a percentage share in a whiskey brand founded by Conor McGregor.
Artem Lobov, a former sparring partner of Mr McGregor, is suing the MMA fighter for what Mr Lobov says was an oral agreement in 2017 that he would get a 5 per cent share in creating the brand which he says he came up with the idea for.
The Proper Number Twelve Irish whiskey brand was sold in 2021 to Proximo Spirits for a reported sum of up to $600 million (€530 million) and Mr McGregor was reported to have received $130 million from the sale.
Proximo cut ties with Mr McGregor and the brand following last year’s separate High Court action in which a civil jury found he should pay almost €250,000 for raping a woman, Nikita Hand, in a Dublin hotel in December 2018. That decision is being appealed.
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Mr McGregor denies Mr Lobov’s claims that there was any agreement for him to have a share in the brand.
On Thursday, the case came before Mr Justice David Nolan for mention to see if it was ready to proceed next Tuesday. Eight days have been set aside for the hearing.
After hearing that there had been a delay by the Lobov side in lodging pre-hearing legal submissions to the court – which resulted in the defendant not being able to reply to them – the judge said he was concerned the case was not ready to go ahead next week.
Liam Bell BL, instructed by Dermot McNamara & Co Solicitors for Mr Lobov, said his side would have its submissions in by close of business on Thursday. He said the delay was due to his lawyers having to get further instructions for the case.
Shelley Horan BL, instructed by Michael Staines & Co Solicitors for Mr McGregor, said the Lobov side submissions were due to be in at the end of February but had not arrived. However, she agreed with Mr Bell that the defendant’s submissions could be put in at the end of the case as this was a matter that would be determined on the basis of evidence to the court.
Mr Justice Nolan said however that whatever judge hears the case, he or she will need to have the legal submissions of both sides beforehand.
Ms Horan said the Lobov side had been “in dereliction” and her side had been chasing them for their submissions. However, this was a “net issue” case in which the plaintiff seeks specific performance of an oral agreement which is denied, she said.
Her side did not think the judge who hears the case would be prejudiced by not having the submissions, she said. This was an unfortunate situation not of the defendant’s making but they were anxious to get on with the case, she said.
The judge said he did not think the case was ready to go ahead but it was with “great reluctance” that he would allow it to proceed next week. He also said the delay in having submissions in on time would have to be dealt with when the judge who hears the case is dealing with who pays the costs.
Mr Lobov, who was born in Russia and lives in Mulhuddart, Dublin, claims he came up with the idea that Mr McGregor lend his name to a new whiskey brand.
He also says he did all the research and negotiations to get Cork-based distillery firms to agree to produce the whiskey before the project was taken over by Mr McGregor’s manager and chief executive of Paradigm Sports Management, Audi Attar, along with American entrepreneur Ken Austin.
He claims he was effectively “muscled out” and that Mr McGregor acknowledged his involvement when he made Mr Lobov an offer of US$1 million which he refused.
Mr McGregor strongly denies the claims.
