VOLUME 15 · ISSUE 2 · 2007 sport and the law journal ISSUE 2 VOLUME 15 SPORT AND THE LAW JOURNAL Editor British Association for Sport and Law Limited Simon Gardiner c/o The School of Law, King’s College London Strand, London WC2R 2LS Editorial Board Telephone: 020 7848 2278, Fax: 020 7848 2788 Dr Hazel Hartley Murrey Rosen QC www.britishsportslaw.org Dr Richard Parrish Jonathan Taylor Martin Matthews Registered Office Registered in England. Company No. 4947540. Directors Registered Office: 66 Lincoln’s Inn Fields Michael Beloff QC: President London WC2A 3LH. Mel Goldberg: Chairman VAT Reg No. 673 5989 73 Paul Harris: Deputy Chairman Gerry Boon: Hon. Treasurer ISSN 1353-0127 Serena Hedley-Dent: Hon. Secretary Darren Bailey Graphic design Morris Bentata www.heliographic.co.uk Nick Bitel Stephen Boyd Sara Friend Edward Grayson Jane Mulcahy Walter Nichols Murray Rosen QC Sam Rush Jonathan Taylor Maurice Watkins VOLUME 15 · ISSUE 2 · 2007 Contents Editorial 2 Opinion and Practice Interview with Michael Beloff QC 4 Stephen Boyd Annual Review of Football Finance 2007 11 Highlights Sports Business Group at Deloitte Analysis On the front foot against corruption 16 Simon Gardiner and Urvasi Naidoo Sport Governance and EU legal order: 28 Present and future Professor Melchior Wathelet Survey and Reports Sports Law Foreign Update 43 Walter Cairns 1 ISSUE 2 VOLUME 15 SPORT AND THE LAW JOURNAL Editorial By Simon Gardiner, Editor This issue of the Sport and the Law Journal concerns a Subsequently, in March 2007, the European Parliament number of on-going and current topics. The Opinion and adopted a resolution on “The Future of Professional Practice section provides an interview with the Right Football in Europe”, the content of which was partly Hon. Michael Beloff Q.C. by Stephen Boyd. Michael based on the Arnaut report. On 11 July 2007, the who is the current President of BASL, has played a European Commission published its “White Paper on significant role in terms of both the practice and Sport”. On 13 July 2007, UEFA issued a joint press academic study of sports law in the UK. There is also a statement together with other European federations (ice short extract from the recent Deloitte’s ‘Annual Review hockey, basketball, handball, rugby and volleyball) calling of Football Finances’ which provides a very useful ‘snap- for “firmer conclusions from the European Union to aid shot’ of the economic well being of the national game. the future development of sport”. In particular, these federations want “the appropriate inclusion of sport in the The Analysis section features two articles. Firstly, reform treaty”, aimed at “fully recognising the autonomy Simon Gardiner and Urvasi Naidoo’s ‘On the Front Foot and specificity of sport as well as the central role and against Corruption’ focuses on the continuing response independence of the sports federations in organising, of the International Cricket Council to problem of match regulating and promoting their respective sports”. fixing in international cricket. Professor Wathelet was asked particularly to analyse the Secondly, a significant report by Professor Melchior findings of the Arnaut report, in present and future Wathelet, of the Universities of Louvain and Liège and a perspectives, also taking into account the economic and former Member of the European Court of Justice, political aspects of the issues at stake. The S&LJ concerns the relationship between sport (and in acknowledges the kind permission of the Asser particular professional football) and European Union law. International Sports Law Centre to reproduce this Report. This Report commissioned by the ASSER International Sports Law Centre in The Hague, was in response to a Finally, the regular Sports Law Foreign Update by number of recent documents concerning the role of the Walter Cairns can be found. EU in regulating sport. These importantly include the UEFA promoted “Independent European Sport Finally, it must be stressed that the Journal Review”, best known as the “Arnaut report”, which welcomes contributions from all BASL members was published in October 2006. This report strongly and other readers in any of the sections of the supports the increased autonomy of international sports Journal including reviews of future sports law governing bodies from EU Law. related publications. Please contact the Editor with any suggested offerings. BASL Simon Gardiner [email protected] 2 VOLUME 15 · ISSUE 2 · 2007 Opinion and practice 3 ISSUE 2 VOLUME 15 SPORT AND THE LAW JOURNAL OPINION AND PRACTICE Interview with Michael Beloff QC By Stephen Boyd, Barrister SB Let’s start with your background. SB So your interest in sports really focussed on MB I’m the grandson of four immigrant grandparents running and swimming. three of whom were Jewish and an immigrant MB Yes, I followed track and field far earlier than I mother, all from Russia. I was educated at the actually ran myself. As a child I was given a sort of Dragon School at Oxford and then I was a scholar encyclopaedia which contained profiles of Paavo at Eton and at Magdalen College Oxford where I Nurmi, the original Flying Finn, and Arnold Strode- read history and then law. In terms of sporting Jackson who beat 7 Americans in the 1500 metre accomplishments, all I can claim is I did win the final in Stockholm (I met him years later at Oxford 100 yards (shows my age!) at Eton. I didn’t run when he must have been about 80) and got initially at Oxford because, when I came up, I went absolutely hooked on their achievements. I don’t to see the head of my college athletics team and I remember the London Olympics but, certainly by found this guy with endless legs sitting on the sofa the 1952 Olympics, I was following athletics very – another potential athlete. We reeled off what our closely and ever since then it has been a real best times were and he was much much faster hobby. I know far more about track and field than I than I. I thought, if this is college standard, God know about law. My juniors would probably agree knows what university standard must be like, and about that. so I gave up athletics entirely and took up politics and smoking instead and became President of the SB So, people like Zatopek? Union. This guy was Adrian Metcalfe who, later, MB Yes. I remember Zatopek very well. I remember in was an Olympics silver medallist. Had I realised Seville at the World Championships which I regularly who he was, I might have gone on running and attend as a guest of the IAAC, I met his widow who been his second string. So that was really it apart was an Olympic gold medallist in the javelin herself from a brief comeback for Oxford’s Second Team and asked for her autograph. She did it and then she (the Centipedes) against Cambridge, when the drew a little picture of person throwing a javelin just Captain was Jeffrey Archer, and I was so slow that in case I didn’t know who she was! they didn’t even announce my time. I also ran in the first London marathon when I broke the four I remember vividly two things about the 56 hour barrier and passed JPR Williams at the 23 Olympics when I was still a schoolboy – the news mile mark. But in my second London marathon, coming in that Chris Brasher had been disqualified while I passed John Conteh (a former client) at 15 and then reinstated in the Steeplechase, and seeing miles, I was myself passed by four men dressed a picture on the front of the Evening Standard as a caterpillar up the Mall and decided not to about Derek Johnson just missing the gold in the repeat the experience. Oh, I did swim breast 800. I got to know Derek quite well in later life. He stroke for Eton and when I was President of Trinity never ever recovered from that. He always said 50 managed my college side who won the College metres out he thought he’d won, he just switched Cuppers three straight years. off and the other guy ran himself into oblivion – and history! It’s terrible how much your life can be changed by something like that. Then I remember hearing when Derek Ibbotson had just broken the world mile record. The first Olympics I went to under my own steam was the Rome Olympics in 1960. Then Munich and Barcelona when I also went privately. During the last three I have been an arbitrator, so I have done it in real style. 4 OPINION AND PRACTICE SPORT AND THE LAW JOURNAL VOLUME 15 ISSUE 2 Interview with Michael Beloff QC SB How did you get into sports law? My big breakthrough came when I started to MB This is Adrian Metcalfe again. At the end of the prosecute in major drugs cases for the International 60s there was a body called the International Amateur Athletic Federation, which then had its Athletes Club. They were probably the first own tribunal. The defendants were big names: sporting pressure group and they ran the first of Butch Reynolds, the 400 metre world record these ‘spectaculars’, which have now been taken holder; Katrina Krabbe, the German sprinter double up by the Golden League. It was called the IAC world champion; Dennis Mitchell, an Olympic Coke Meeting, broadcast by Independent medallist; Javier Sotomayor, the world high jump Television and sponsored by Coca-Cola. The IAC and Olympic champion; Mary Decker-Slaney, the got all the big names across. Then the Amateur double world distance champion from America; Athletic Association, who ran the sport nationally, Merline Ottey, a multiple medallist.