Table of Contents

Preface v

Table of Statutes xi

Table of Statutory Instruments xiii

Table of Cases xv

1 Introduction 1

2 The Actions of Sports Governing Bodies 4

A Actions Affecting a Specific Individual Participant 4

B Actions Affecting a Class of Individual Participants 9

C Failure to Take Action in Relation to Individual Participants 12

D Actions Affecting Specific Clubs 12

E Actions Affecting All Clubs 15

F Actions Affecting Other Sports Governing Bodies 17

G Actions Affecting Commercial Partners 18

H Actions Affecting the Public 24

I Actions of Participants Affecting Other Participants 24

3 Identification of Cause of Action and Respondent 26

A Cause of Action 26

B Respondent 30

4 Choice of Forum for the Challenge 34

A Internal Proceedings and Internal Dispute Resolution 34

B Attempts to Oust the Jurisdiction of the Courts 37

C External Arbitration 37

D Court 43

E Alternative Dispute Resolution or Mediation 43

F Administrative Authorities 44

5 Public or Private? 45

A Public or Private for the Purposes of the Choice of Procedure 46

B The Human Rights Act 1998 48

C The Extension to Sports Governing Bodies of EU Free Movement Law 50

6 The Varying Degrees of Review 52

A Judicial Reluctance to Intervene 52

B The Contexts in Which the Principle Has Been Applied 53

C Limitations on the Principle 53

D Does the Principle Apply in the Context of Restraint of Trade? 55

E Should Specialist Arbitral Bodies Be So Reluctant? 55

F Reluctance to Intervene Under European Law 55

7 Grounds for Review Arising Out of Control of the Sport 57

A The Extent of and Basis for the Grounds for Review 57

B The Requirement to Act Lawfully and in Accordance with the Sports Governing Body's Rules 83

C The Requirement to Act Fairly in a Procedural Sense, Or 'Natural Justice' 86

D The Requirement to Take Into Account Only Relevant Considerations 94

E The Requirement that the Body Instruct Itself Properly As to the Facts 94

F The Requirement Not to Act Contrary to a Legitimate Expectation 95

G The Requirement Not to Act Unreasonably, Irrationally, Arbitrarily or Capriciously 95

8 Contract 98

A The Sources of Contracts to Which Sports Governing Bodies are Party 98

B Express Contractual Obligations 105

C Implied Contractual Obligations 106

D The Relationship Between Express and Implied Contractual Obligations 107

9 Tort 108

A Actions in Negligence Against Sports Governing Bodies 108

B Inducing Breach of Contract and the Economic Torts 110

C Actions Against Sports Governing Bodies Based on Other Torts? 111

10 Common Law Restraint of trade 112

A The Basis For and Extent of the Doctrine 112

B Application to the Rules and Actions of Sports Governing Bodies 116

C Does the Doctrine Remain a Distinct Basis for Challenge? 126

11 EU and Domestic Competition Law 128

A The Competition Law Rules in Brief 129

B Application of the Rules by the English Courts in the Context of Sport 131

12 The EU Free Movement Rules 137

A The Free Movement Rules in Brief 137

B Application of the Rules by the English Courts in the Context of Sport 139

13 Remedies 141

A Interim Injunctions 142

B Final Injunctions 147

C Interim Declarations 149

D Final Declarations 150

E Remission for a Fresh Decision 151

F Damages 152

G Remedies Under the Human Rights Act 1998 155

H Unfair Prejudice Petitions Under Section 994 of the Companies Act 2006 156

14 Procedural aspects 157

A Parties 157

B Obtaining a Quicker Resolution of the Issue 158

C Security for Costs 161

D Stay in the Light of an Arbitration Clause or Internal Proceedings 161

E Stay in the Light of Pending Criminal Proceedings 163

F Stay in the Light of Pending Challenge 163

G Stay in the Light of Parallel Regulatory Competition Proceedings 164

H References to the European Court of Justice 164

I Jurisdiction and Applicable Law 165

Index 169