VOLUME 20 · ISSUE 2|3 · 2012 Sport and the Law Journal SPORT AND THE LAW JOURNAL VOLUME 20 ISSUE 2|3 Editor British Association for Sport and Law Ltd Simon Gardiner 5 Fleet Place · London · EC4M 7RD Email: [email protected] Board of Directors www.britishsportslaw.org Mel Goldberg: President Adrian Barr-Smith: Chairman Registered Office Jane Mulcahy: Deputy Chairman c/o Charles Russell Fahri Ecvet: Hon. Treasurer 5 Fleet Place · London · EC4M 7RD Jason Saiban: Hon. Secretary Registered in England. Company No. 4947540. Other Directors VAT Reg No. 673 5989 73 Andy Gray ISSN 1353-0127 (DMU Academic Partner) Graphic design Catherine Beloff www.heliographic.co.uk Michael Beloff QC Morris Bentata Nick Bitel Stephen Boyd Oliver Holland Simon Pentol Daniel Saoul Sara Sutcliffe Richard Verow Maurice Watkins Nick White VOLUME 20 · ISSUE 2|3 · 2012 Contents EDITORIAL ANALYSIS 2 Simon Gardiner 30 An evaluation of the tools available to Sports Rights Holders and event organisers in combating ambush marketing and the legal means for preventing and combating OPINION AND PRACTICE ambush marketing. Sean Corbett 5 London 2012 – Law and Practice Sara Sutcliffe 44 The Games of the XXX Olympiad in London – The Ad-Hoc Arbitrations 8 A Lawyer’s Olympics Iain Quirk Daniel Saoul 12 Doping Control at London 2012 Adrian Barr-Smith 15 Protecting the Olympic brand in 2012 – a retrospective Rachel Montagnon, Victoria Horsey and Joel Smith 19 The legacy of the Paralympics for 2013 – will there be one? Jane Hatton 21 Sporting risks, the law and wheelchair rugby: The case of Kylie Grimes Jack Anderson 24 Emrys Lloyd and the 1948 London Olympics Charles Woodhouse 1 VOLUME 20 · ISSUE 2|3 · 2012 Editorial BY SIMON GARDINER, EDITOR This is a special issue focusing on a number of regulatory There are tWo articles focusing specificallY on the issues that have arisen out of the great Sports events of ParalYmpics. Jane Hatton’s ‘The legacy of the Paralympics 2012 – the London Olympic and Paralympic Games. The for 2013 – will there be one?’ suggests that although the Opinion and Practice section provides a number of different success of Team GB and public support for the totalitY of perspectives on the Games. Firstly, there are three accounts competition in the Games has helped demYstifY disabilitY, by key individuals involved in an organizing capacity. the realitY of eVerYdaY life of the disabled is still one of discrimination. Jack Anderson’s ‘Sporting risks, the law and First, Sara Sutcliffe’s ‘London 2012: Law and Practice’ , proVides wheelchair rugby: The case of Kylie Grimes’ proVides the a unique insight to the lead up to the Games from the perspectiVe conteXt and back storY of KYlie Grimes Who Was a member of of the British OlYmpic Association. Sara is the former Director the GB Wheelchair rugbY team Who finished fifth at the of Legal and HR at the British OlYmpic Association and London ParalYmpics. In 2006, an 18-Year-old Grimes London 2012 Was her 4th OlYmpic Games as Counsel to sustained serious injuries, leaVing her paralYZed from the Team GB. She proVides particular information on the issues chest doWn, When she diVed into a sWimming pool at the that can arise betWeen the BOA and national goVerning bodies home of a friend. Her subsequent claim giVes an interesting of the Wide range of sports competing at the Games. insight into the courts’ perspectiVe on sports-related risk. Second, Daniel Saoul’s ‘A Lawyer’s Olympics’ , proVides an LastlY, Charles Woodhouse’s ‘Emrys Lloyd and the 1948 alternatiVe perspectiVe on legal inVolVement. Dan Was a London Olympics’ , proVides a fascinating insight into the member of the London 2012 Pro Bono AdVocacY SerVice. Work of LloYd Who as a partner at Farrer & Co. Was the The SerVice Was put together bY the London Organising honorarY legal adVisor of these post-War Games. His charge for Committee of the OlYmpic and ParalYmpic Games, the LaW oVer a Years Work amounted to onlY £210 at the then prices. SocietY and the Bar Council to proVide assistance to athletes and their entourage during the Games. Dan Was instructed The AnalYsis section proVides tWo longer pieces. First, Sean on tWo urgent cases – one relating to selection, the other Corbett’s ‘An evaluation of the tools available to Sports doping. In What folloWs, he shares his eXperiences and Rights Holders and event organisers in combating ambush discusses the tWo cases he Was inVolVed in. marketing and the legal means for preventing and combating ambush marketing’ proVides a Wide analYsis of the Third, Adrian Barr-Smith’s ‘Doping Control at London efforts needed to uphold the commercial integritY of major 2012’ proVides an eValuation of the success of the anti- sports eVents such as the OlYmpics. He also proVides an doping efforts at the Games. Adrian, Chairman of BASL, eValuation of the efforts of LOCOG in their anti-ambush acted as a Volunteer Doping Control Station Manager at the marketing and brand protection programme. He also suggests London OlYmpics and ParalYmpics Games, and he has some What lessons can be learnt for the future and that a positiVe perceptiVe VieWs of What lessons can be learnt from the deVelopment might be the creation of a ‘Competition/ Sports Games and hoW matters could deVelop in the future. Organiser’s Right’ as a means of proViding Sports Rights OWners With increased proprietarY rights to an eVent. Second, Upholding the commerical integirtY of these tYpes of major Iain Quirk’s ‘The Games of the XXX Olympiad in sports eVents is crucial, Rachel Montagnon, Victoria HorseY London– The Ad-Hoc Arbitrations’ proVides a detailed and Joel Smith’s ‘Protecting the Olympic brand in 2012 – eValuation of the decisions of the CAS Ad-Hoc DiVision as it a retrospective’ , eValuates the effectiVeness of the Anti- sat during the OlYmpics. He identifies that this bodY shoWed Ambush Marketing programme of LOCOG. itself able to administer sWift but Well considered justice. 2 EDITORIAL SPORT AND THE LAW JOURNAL VOLUME 20 ISSUE 2|3 Both the OlYmpics Games and ParalYmpics Games haVe been ambush marketing actiVes suggest that the 2006 Act and hailed as great successes both in terms of the performance of specificallY proVisions supporting the London OlYmpics the respectiVe Team GBs and the range of organisational issues Association Right Was rarelY formallY enforced in terms of that need to be in place to Work effectiVelY. litigation against potential miscreants. This Would perhaps suggest that there Was reluctance on the part of LOCOG to haVe The regulatorY frameWorks around modern large scale sports it tested in court especiallY in the conteXt of some of the more eVents to ensure sporting integritY and commercial integritY. creatiVe and potentaillY ambushing adVertising campaigns. The VarietY of articles in the issue focus in detail on both these issues. Sporting integritY and justice is arguablY the One notablY piece of litigation on a VerY different issue more important issue as Without this Value intact and actiVelY concerned, the MinistrY of Defense’s decision in the lead up supported the Whole endeaVour of sporting competition is to the Games to site a missile launcher and militarY personnel under threat. These Games highlight the inequalitY that is on the roof of a Council toWer block in LeYtonstone (Harrow emerging betWeen the chances of countries to Win medals in Community Support Ltd v. Secretary of State for Defense certain eVents. It seems that there is VirtuallY no chance that [2012] EWHC 1921 (Admin), Haddon-CaVe J, 10 JulY anYone from a poor countrY can Win a medal in four sports – 2012). The Residents’ association formed bY residents of the equestrian, sailing, cYcling and sWimming, On the other ToWer, 15 storeYs and containing 117 flats, decided to hand, Wrestling, judo, Weightlifting and gYmnastics appear to challenge the MoD. The challenge started out on three be the best sports for deVeloping nations. This eXemplifies an grounds, a failure to carrY out an adequate consultation increasing problem of financial and technological doping. process, a failure to complY With the public sector equalitY dutY, Much of Team GB’s success can be seen as due to LotterY and a breach of Article 8 and/or Article 1 of the First Protocol funding in the 90s and its use to build up elite teams backed (A1P1) of the European ConVention on Human Rights. As it bY cutting edge sports science. Was, the judge found that there Was no interference under Article 8 because the effect on the locals Was negligible, and in A significant amount of time is spent on considering hoW anY eVent the response Was necessarY and proportionate. sporting rules should be constructed so as ensure the integritY of sporting competition. This issue Was highlighted bY the What 2012 Would seem to share With 1948 is that the role of badminton doubles in the OlYmpic competition When tWo the laWYer at the amaZing sports eVents in London in both of South Korean pairs and one Chinese and Indonesian pair the Years, Was VerY much in an organiZational, adVising and Were disqualified for “conducting oneself in a manner … preVentatiVe role. And although some laWYers inVolVed in the clearlY abusiVe or detrimental to the sport”. TheY repeatedlY Games in 2012 Will haVe earned significantlY more than EmrYs attempted to lose the matches theY Were plaYing bY LloYd in 1948, the spirit of Voluntarism and goodWill Would purposefullY losing points, for eXample bY deliberatelY seem to still be aliVe in the modern age of sports laWYering. serVing into the net, hitting shots Wide or missed easY returns. The round-robin arrangements gaVe plaYers an Finally, the Journal welcomes contributions from all interest in losing so that theY could face easier contests at the BASL members and other readers in any of the sections elimination stage.