BASL Vol 11 Issue 3
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VOLUME 11 · ISSUE 3 · 2003 BRITISH ASSOCIATION FOR SPORT AND LAW BRITISH ASSOCIATION Sport and the Law The Manchester Metropolitan University School of Law · All Saints West Lower Ormond Street Journal Manchester M15 6HB Telephone: 0161 247 6445 Facsimile: 0161 247 6309 SPORT AND LAW JOURNAL SPORT AND LAW m 7:h t VOLUME 11 · ISSUE 3 2003 }Tq 4 &v?$ OLns Postgraduate Certificate The Manchester Metropolitan University School of Law · All Saints West Lower Ormond Street in Sports Law Manchester M15 6HB Telephone: 0161 247 6445 Facsimile: 0161 247 6309 Advisory Board Editor For the 2003/04 academic year, the School of · issues for individual athletes: doping, Professor Sir John Wood Raymond Farrell Law at King’s College London is once again discipline, player contracts, endorsement Hon. Michael Beloff QC offering a one-year, part-time postgraduate contracts, civil and criminal liability for Charles F. Woodhouse Assistant Editor course in sports law, leading to a College sports injuries; Maurice Watkins Mark James Postgraduate Certificate in Sports Law. · EC law and sport: competition law, freedom Directors The course is led by programme director of movement; and Members of the Board Maurice Watkins: President Jonathan Taylor, partner and head of the Sports of Directors Murray Rosen QC: Chairman Law Group at Hammond Solicitors, who · comparative sports law: the North American Raymond Farrell: Hon. Secretary teaches the course along with other leading Model of Sport. Fraser Reid: Hon. Treasurer sports law practitioners such as Nick Bitel, Mel Goldberg: Deputy Chairman Adam Lewis, Alasdair Bell, Nicholas Green QC The course is taught in weekly evening classes Darren Bailey Nick Bitel and Mel Stein, and sports law academics such from October to March and is open to both Gerry Boon as Simon Gardiner, Gary Roberts and law graduates and non-law graduates. For Walter Cairns Richard McLaren. further details, visit the KCL sports law website Edward Grayson at www.kclsportslaw.co.uk. Paul Harris The course covers the range of key sports law Tim Kerr QC issues: For a full prospectus and application form, Peter McInerney · constitutional issues: self-regulation by sports contact: Annette Lee, School of Law, King’s Sam Rush governing bodies/the European Model of College London, Strand, London WC2R 2LS Kuldip Singh QC Sport; judicial control of sports bodies; Tel: 020 7848 2849, fax: 020 7848 2912, Nick Stewart QC E-mail [email protected] Jonathan Taylor · commercial issues: broadcasting, sponsorship, Richard Verow IP rights, ambush marketing; CPD credits available; equality of opportunity is College policy. Karena Vleck ISSN 1353-0127 VOLUME 11 · ISSUE 3 · 2003 Sport and the Law Journal } 4 OLTnqs Volume 11 Issue 3 Sport and the Law Journal Contents Editorial Editorial 2 By Raymond Farrell Raymond Farrell Editor Sports Law Current Survey 4 Walter Cairns It’s just not cricket! 134 uch has happened in relation to the Ian Blackshaw Association and the world of sport and the law Msince the previous edition of this Journal Are sporting bodies abusing 138 appeared. The Annual Conference was held on October human rights? 22nd 2003 at Lord’s Cricket Ground and was an Ambi Sithamparanathan outstanding success. Thank are due once again to and Matthew Himsworth Fraser Reid and the hardworking sub-committee who organised the event. The AGM was held on the same Sport and the Law 144 day during which the necessary resolutions were Journal Reports Index passed enabling the Association to become a company Limited by guarantee with effect from January 1st Sport and the Law 146 2004. Also at the AGM the members elected Murray Journal Reports Rosen QC as Chairman. He succeeded Nick Bitel who had served in that office for three years. Fortunately, we shall not lose Nick’s unique experience and knowledge (and personality!) as he was co-opted back onto the committee at a meeting held in December. We can now look forward to making further progress under Murray Rosen, Head of Chambers at 11 Stone Progress Buildings, Lincoln’s Inn, who has already set about the task with great enthusiasm. We wish him well. I am also pleased to announce that Maurice Watkins has accepted an invitation from the committee to continue in the office of President for a further three years. In view of his increasingly arduous commitments – senior partner at James Chapman & Co; director of Manchester United; director the Rugby Football League; director of Coutts & Co.; governor of Manchester Grammar School, to name but a few, we are indeed fortunate to have persuaded him to remain as President. Following the success of the Annual Conference two further events were held in December – one in Manchester and one in London on December 9th, in conjunction with James Chapman & Co., we organised a seminar at Old Trafford to consider the issues surrounding the broadcasting of reference to the contract agreed between B Sky B and the FA Premier League. Maurice Watkins, Alasdair Bell of Olswangs, Paul Harris of Monckton Chambers, Mike BloXXX of Chapman’s and Richard Parrish of Edge Hill College made contributions to a lively debate. Within a few days of this event it was announced that the European Commission had reached an 2 Sport and the Law Journal Volume 11 Issue 3 agreement with the FA Premier League and BSkyB that FIFA and UEFA to deal harshly with Ferdinand (unlike the BSkyB ’s monopoly of live broadcasting would end with way which other footballers in England and Europe had eight matches per season being broadcasting live by a previously been dealt with). The eight-month ban free-to-air broadcaster. At the time of writing it is not ensures that Ferdinand will miss the European known how this will impact on the price to be paid by Championships to be held in Portugal this summer. BSkyB who will lose their exclusivity. It would appear Some critics, including Richard Pound, believe that the that this may be substantial. The European Commission ban was too short and he believed that a two-year ban obsession with ensuring maximum coverage of Premier would have been more appropriate. This, of course, is League matches at the expense of clubs which actually the period which WADA wishes all sports bodies to play in the Premier League is difficult for some adopt as a minimum for failing (or failing to take a test). observers to understand. No legal challenge is expected At the time of writing it had just been announced by following the Commission’s announcement. This is the FA that Ferdinand would appeal against the ban. entirely understandable view of time and cost factors One factor to consider is that the period could actually involved but it is unfortunate that the ECJ will not get be increased to two years. Further references to the the opportunity to analyse the whole situation. Court of Arbitration and Sport and the UK Courts remain On December 11th an event jointly organised with more distant possibilities. King’s College, London considered the new World Anti- The suspicion remains that had the forgetful Doping Code and attempts to harmonise the approve to Ferdinand not been involved, but rather a virtually the regulation of drug use in sport. Our thanks are due unknown player from, say, Manchester City then the to Jonathan Taylor who organised and chaired the penalty would have been less severe. Nonetheless, the event. Richard Pound Chairman of WADA, was the message would appear to be clear. In the new climate, main speaker. Other speakers included Francesco Ricci high level (and, maybe, even low level) players can Bitti; President of the ITF; David Sparkes, Chief expect lengthy bans if they infringe the drug testing Executive of British Swimming; Michelle Verroken, UK regulations. England’s Swedish head coach and Sport and Adam Lewis of Blackstone Chambers. Manchester United’s Scottish manager may rile against The relevance of this event was self-evident but a perceived iniquity but for whatever reason Ferdinand within the next few weeks the issues involved had may live to regret that he forgot to comply with a claimed spectacular casualties. Arguably, the most request made by UK Sport officials. Memory training significant was Michelle Verroken who was reported to may now become as important as physical training. be on “gardening leave” for reasons which have yet to No sooner had the Ferdinand saga receded from the be explained in public by UK Sport. Whether these had headlines when the next bombshell hit the headlines. anything to do with the problems surrounding Rio Greg Rusedski; for many years the no.2 ranked British Ferdinand, of Manchester United and England can only tennis player behind Tim Henman was reported to have be speculated upon. failed a drugs test. He vehemently denied any Ferdinand was, of course, banned for eight months wrongdoing and accused tennis officials of pursuing for failing to submit to a drugs test to be carried out by him when the fault lay elsewhere. This particular issue testers from UK Sport. As soon as his name became may well be set to run for longer than that involving known he was withdrawn from the squad to face Turkey Ferdinand. Rusedski is represented by Mark Gay from in an important European Championship qualifying Denton Wilde Sagte who he formidable record in such match. At the FA hearing into his alleged failure his legal cases whether defending a prosecuting. Interestingly, team led by Ronald Thwaites QC and Maurice Watkins he prosecuted in the Ferdinand case at the FA hearing. failed to convince the panel members that he should not The defence, which he mounts for Rusedski, will be banned. Enormous pressure had been exerted by command the maximum interest.