Should NGBs continue with a disciplinary process even when criminal investigations are underway?

Written by Andrew Nixon on Wednesday, 15 February 2012. Posted in Editors Choice

Should NGBs continue with a disciplinary process even when criminal investigations are underway?

The Football Association (FA) has ended the captaincy rein of John Terry following the adjournment of his trial for alleged racist comments during Chelsea's league match with Queens Park Ranger's last year (a decision that has also resulted in the resignation of Fabio Capello). Many will argue that the FA was left with no choice. However, the matter once again poses the question as to whether or not governing bodies should stay their own internal processes in circumstances when there is a corresponding criminal investigation against the athlete under their jurisdiction.

Data protection and sport – an uncertain partnership

Written by Iain Taker on Wednesday, 15 February 2012. Posted in Editors Choice

Data protection and sport – an uncertain partnership

Increasing numbers of sports clubs and bodies are using the expertise of third party specialists, be it for websites, apps, social networks or gaming platforms to interact with their fans domestically and internationally.  However, there appears to be a disconnect in terms of understanding the legal requirements and obligations the clubs are under when outsourcing (by way of a licence) or selling a database to a third party.  While data protection is not the most exciting topic to many it is particular important with the Information Commissioner Officer (“ICO”) having the power to levy significant fines of up to £500,000 for breaches of the Data Protection Act 1998 (“Act”). 

Corruption in Horse Racing – Nay not again!

on Wednesday, 01 February 2012. Posted in Editors Choice

stress bwOn 16 December 2011 the British Horseracing Authority (‘BHA’) Disciplinary Panel (the ‘Panel’) published its Reasons in arguably the biggest sport corruption case to be heard before a National Governing Body (‘NGB’) to date. The hearing lasted 11 days and involved charges against 13 named individuals. The outcome was:

- near lifetime bans from the sport for Maurice Sines and James Crickmore, the main protagonists in racing’s latest tale of premeditated corruption;
- lengthy (likely career ending bans) for jockeys Paul Doe and Greg Fairley; and
- significant bans also for Jimmy Quinn and Kirsty Milczarek. 

Sports Law 2012

on Wednesday, 01 February 2012. Posted in Upcoming Events

15 March 2012, Law Society, London

Sport is now a multi- million pound industry but is still regulated in a very different way to other businesses. Issues of cheating, poor corporate governance, bribery and corruption are reported widely and can have expensive consequences for transgressors both in terms of reputation and sponsorship.

Communication is an important part of any business and social media is playing an increasing part in this, for  better or worse. However, many businesses are not keeping their HR practices up to date with developments in social media or learning how to monetise it.

While preparations for the 2012 Olympics are proceeding apace, legacy issues, disciplinary procedures and what will be perceived as ambush marketing remain unsettled.

The important recent decision in FAPL v Karen Murphy will have wide economic and legal implications and may shake up the way rights are bought. Our panel of expert speakers will analyse the consequences of this decision and clarify what would be constued to be an infringement of copyright.

With the taxation of non- resident players  hindering the competitiveness of the UK to hold international events and the taxation of image rights increasingly under scrutiny,  tax and tax planning tips will also form part of the agenda.

This one day event  covers key strategic issues and all the latest legal developments in one intensive day with guidance from the top players in sports law.

For further information click here or to book your place click here.  

@gibbsbarrister Fair point! Given the politics that governs cricket do you think differences will be put aside to agree an uniform approach?

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