Peter Bol: A case study in the need for interpretation & transparency in WADA's testing policies
Given the turmoil this year caused by “varying expert opinions” disagreeing as to why World Anti-Doping Agency (“WADA”) accredited laboratories returned different decisions on P...
Football Legal Aid Fund: A Step Towards Access to Justice for Players, Clubs & Agents
FIFA and the International Council of Arbitration for Sport (“ICAS”) earlier in the year announced the establishment of a legal aid fund specifically available for parties to football-related disputes before the Court of Arbitration for Sport (“CA...
The Online Safety Bill: Calling full time on online abuse in sport?
The vitriolic online abuse directed towards high-profile athletes in recent years requires no introduction. From the torrent of racist abuse directed at England’s footballers after the Euro 2020 final, to the brutal bullying of Emma Raducanu and t...
The 6th Consensus Statement on Concussion in Sport: What's New?
In 1921, the American boxer Jack Dempsey and the French boxer Georges Carpentier squared off in a hastily assembled outdoor arena built on a farm in New Jersey for boxing’s first ever million-dollar gate1. The fight ushered in a ‘golden age’ of bo...
Key legal issues to look out for at the Rugby World Cup 2023
With the Rugby World Cup 2023 upon us, LawInSport has reached out to a number of legal experts working in the sports sector to share their views on the key issues to look out for around the sport of rugby in the lead up to the World Cup.
The cont...
The Battle For Olympic Selection And Coaches Conflict Of Interest - Manika Batra Vs TTFI
Manika Batra (“Manika”) is a top 50 ranked international table tennis player from India. She has been the torchbearer of the resurrection of interest in table tennis in India. As a Major Dhyan Chand Khel Ratna Awardee in 2020, the 28-year-old has ...
Balancing stakeholder interest in Women’s football - a commentary on the Carney Review
Women’s football is firmly in the spotlight this summer. Following a record-breaking 2022/23 English domestic season, where viewership and live audiences for the Women’s Super League (“WSL”) hit an all time high, the expanded World Cup format on ...
The lifecycle of an international athlete - Important pension considerations
This is the fifth in Penningtons Manches [Cooper]’s series of blogs addressing the key legal issues that international athletes and their advisors should consider before coming to work in the UK.
Pensions expert Clare Coley looks at the importanc...
Why non-compete clauses have no place in professional football
For the Malta Football Players Association (“MFPA”), it was hard not to hear echoes of a pre-Bosman era, when a Brazilian player sought out their legal help at the end of 2022 to challenge a non-compete clause.
In Malta, the transfer fee at the e...
How is sport approaching mental health?
Earlier this year triple Olympic gold medallist, Adam Peaty, withdrew from the British swimming championships, on mental health grounds connected with depression and alcohol problems saying1:
“Everyone wants to sit in your seat until they have to...
5 things football players should consider before signing a playing contract
The 2023 summer transfer window is already in full swing with hundreds of players set once again to move clubs over the next couple of months. Most of those players will have agents representing them during their negotiations with clubs whilst som...
Will women ever get equality in football? Recent initiatives to tackle gender inequalities
With the Women’s World Cup commencing imminently, this article will reflect on the rise in women’s football since the Football Association (“The FA”) lifted its ban on women playing football 50 years ago and explore the different international, re...
Improving data protection in sport: Human rights, data protection, and sustainability (Part 2)
With the increased importance of data, human rights and sustainability in sport, an important question arises, how can the protection of personal data in sport be improved? There are many challenges to be considered. It is evident that even very c...
What is the future of dispute resolution in Paralympic sport?
Recent years have produced a number of striking legal questions in Paralympic sport on issues such as classification, misrepresentation and access to justice for para athletes. As part of the Grand Finals of the Sports Law Arbitration Moot (“SLAM ...
How courts assess negligence in sports injury cases: lessons from rugby, football and horseracing
Czernuska is the latest of a series of judgments determining whether injuries sustained during competitive sporting fixtures were caused by negligence. This article considers the general principles and themes on liability that emerge from this kin...
Yves Jean-Bart v FIFA: Observations from a safeguarding regulation perspective
The Court of Arbitration for Sport (“CAS”) recently announced that it upheld an appeal by the former President of the Haitian Football Federation, Yves Jean-Bart, against a decision of 18 November 2020 issued by the Adjudicatory Chamber of the FIF...
The future of betting cases in football: What can we learn from Ivan Toney's case?
The announcement in November 2022 that Ivan Toney had been charged with 232 breaches of The FA’s betting regulations (with a further 30 charges added in December 2022) prompted a wave of commentary amid the ongoing debate surrounding the relations...
How athletes can manage competing sponsorship obligations
Prior to the London Marathon, British running athlete Eilish McColgan claimed that she was threatened from being blocked to enter the event because of a sponsorship clash. 1 McColgan planned to wear a vest bearing the logo of her individual sponso...
A comparison of changes made by international sports federations to the regulation of transgender women athletes
World Athletics has recently updated its Eligibility Regulations for Transgender Athletes (effective as of 31 March 2023) (the “World Athletics Regulations”) to prevent many transgender women from competing in the female category. The regulations ...
USA judge rules that esports is not a sport under Title IX: What now?
In February, a federal district court judge in Orlando ruled that six Florida Institute of Technology (“FIT”) students ‒ former members of FIT’s terminated varsity rowing team ‒ were “irreparably harmed” when the school demoted the rowing team fro...
The Future Of Footy And The Merits Of The Concussion Class Actions In The AFL
For fans of contact sports, the point of this article is direct, simple but stark: some of your childhood sporting heroes cannot now remember their own children’s names.
The contact sport of focus in this piece is Australian rules football (AFL)....
FIFA RSTP Updates (Nov 22 & Mar 23) - Academy Reporting & Flexible Transfer Windows
On 8 November 2022, FIFA announced certain amendments to the FIFA Regulations on the Status and Transfer of Players (RSTP), which entered into force on 16 November 2022 (see: circular 18161) (the 2022 Amendment). This was followed by a subsequent ...
Protecting India’s Athletes - A Review Of Sexual Harassment Laws Following Wrestling Allegations
The sports fraternity in India was shaken in January 2023 when sexual harassment accusations were made against Mr. Brij Bhushan Singh, President of the Wrestling Federation of India (WFI), who had been sitting at the helm for a period of twelve ye...
Why non-EU footballers may struggle to secure a UK visa for club trials
Football players, and sportspersons, from outside the UK can face difficulties securing a visa to allow them to enter the UK and attend a closed door trial with a professional club. A recent decision by the Court of Session in Edinburgh[...
Transparent reporting in family law and its impact on sports stars
We have all seen the sensationalist headlines when a high-profile sports personality’s marriage or relationship breaks down[1].
Until very recently, the right of media entry into the family court did not confer upon it the ability to report on wh...
Sport, Equality And Discrimination – Annual Review 2022/23
Every year there are consistent themes when one looks at the topic of equality in sport, but there are different aspects that rise to the fore. 2022 saw the Men’s Football World Cup played out in Qatar against protests and publicity stunts from th...
Takeaways from Sports Governance, Compliance, and Investigations Workshop & Seminar
On 25-26 January 2023, LawInSport had the pleasure of supporting Ankura, one of our member organisations, in hosting a workshop and seminar in Lausanne, Switzerland, for leaders from International Federations, Governing Bodies and the wider sports...
Protecting Safeguarding Data – A Guide For UK Sports Clubs
Safeguarding is critically important for sports organisation and their participants. That said, it can be difficult for people working in sports organisation to know how they should process and store safeguarding data.
Safeguardin...
FIFA's Maternity Benefits For Female Players Enforced By Football Tribunal (Sara Björk Gunnarsdóttir v Lyon)
Sara Björk Gunnarsdóttir (“Sara”) captain of the Icelandic national football team and Juventus player, recently secured a landmark victory for female footballers. In May 2022, a FIFA Dispute Resolution Chamber (“DRC”) panel (part of the FIFA Footb...
Removing Cross Examination Requirements: What impact could the proposed changes to Title IX have on accused students?
2022 marked the 50th anniversary of Title IX[1], which remains a living, breathing body of legislation in today’s educational institutions. Since President Nixon signed legislation prohibiting sex-based discrimination at all federal funded educati...
A Summary of Key Sports Law Cases In Australia in 2022
This is a summary of some of the leading sports law cases that arose in Australia in 2022. It is based on the author’s presentation to the annual conference of the Australian and New Zealand Sports Law Association in October 2022.
The focus of th...
Ten steps sports organisations must take to better protect children in sport
Sports organisations have been looking closely at their safeguarding arrangements and the external spotlight on safeguarding in sport remains prominent. The publication of Anne Whyte KC’s independent review of alleged mistreatment in UK Gymnastics...
What are the key changes to WADA’s Prohibited List 2023?
The World Anti-Doping Agency’s (WADA) Executive Committee approved the 2023 List of Prohibited Substances and Methods (Prohibited List) on 23 September 2022[1], which comes into force on 1 January 2023.
This article details key changes to th...
The difficulties of athlete selection appeals: Key Considerations For Governing Bodies
The first part of this article, available here, considered selection appeals from the perspective of the athlete and sought to offer some practical advice to athletes finding themselves in the unenviable position of considering an appeal against t...
The Difficulties Of Selection, De-Selection And Selection Appeals: Key Considerations For Athletes
No matter the sport, the vast majority of professional athletes share a version of the same goal: to perform at their best at the highest level. For those at the pinnacle of their sports, that means competing at the biggest events like the Olympic...
ECB Racism Disciplinary Proceedings To Be Held In Public: Open Justice In Sports Disputes
On 3 November 2022, the BBC announced that in an “unprecedented” move the England and Wales Cricket Board’s (‘ECB’) disciplinary proceedings arising from racism allegations at Yorkshire Cricket will take place in public.1
In the last few years, w...
The Whyte Review Into British Gymnastics: Key Safeguarding Lessons For Sports Governing Bodies
On 16 June 2022, Anne Whyte KC published her final review1 into British Gymnastics. This review followed an interim report that was published in February 2021 that highlighted significant governance and safeguarding failures within British Gymnast...
Navigating Name, Image & Likeness - Tips For College Athletes, Brands & Universities
For decades, universities made millions of dollars off college sports, while student athletes were prohibited from being paid for endorsements, camps, meet and greets, autographs, and similar activities.1 Starting July 1, 2021, the National Colleg...
The Harsh Reality Of Selection Disputes: Lessons From The Sebastian Temesi Commonwealth Games Case
Representing their country at a major international event is what many athletes dream of doing when they decide to pursue sport as an elite (international) athlete. When an athlete is not selected after putting in years of hard work, especially fo...
Ensuring Fair Process For Players In Sexual Assault Claims - The Jake Virtanen NHL Case
In recent years, several prominent professional athletes have been accused of sexual misconduct. For some, there appears to have been little, if any, impact in terms of their contractual status with their teams. However, in most cases where the al...
Family Law Guidance For Athletes – Dealing With Continuing Disputes Over Children
This is the fifth in a series of articles exploring key family law issues facing athletes over the course of their careers. The last article looked at how families and the English courts approach arrangements for children following the breakdown o...
Family Law Guidance For Athletes – The Rules On Child Arrangements Post-Separation
This is the fourth in a series of articles exploring key family law issues facing athletes over the course of their careers. This article considers the arrangements for children on the breakdown of a relationship (married or otherwise). This can b...
Family Law Guidance For Athletes – How Assets Are Divided Upon Divorce
This is the third in a series of articles exploring key family law issues facing athletes over the course of their careers. It explores the process of divorce and separation in England and Wales and its financial implications, including the option...
Name Image & Likeness: Why U.S High School Athletes May Sue Over Rights Restrictions
The past year has been a whirlwind of activity in the area of name, image, and likeness rights (NIL) for U.S. college athletes, with athletes around the country cashing in for the first time on their publicity rights. This flurry of activity began...
The Lifecycle Of An International Athlete - Key UK Income Tax Considerations For Non-Residents
This blog in our series for international athletes explains the key legal points regarding taxation that should be considered when coming to compete in the UK. Specifically, it addresses the following questions:
Is there specific legislation ...
A Review Of LawInSport’s Football Conference 2022: Key Lessons For The Sector
As a full member of LawInSport, I regularly read articles encapsulating the essence of law in a sports context. I was drawn to their events section where they announced that they would host a Conference fusing a duality of my passions, football an...
Safeguarding Proceedings - How To Balance The Rights Of The Accused With Treatment Of The Abused?
Safeguarding practice is about protecting and promoting wellbeing. It encompasses a wide variety of actions that are designed both to protect individuals from abuse and maltreatment, and to positively improve individuals’ lives and outcomes. In ke...
Unilateral extension options in football contracts: Are they valid and enforceable?
Unilateral extension clauses (UECs) are contractual clauses that give one party to a contract the exclusive right to extend the employment relationship with the other party. Unlike reciprocal clauses - where both parties need to agree to the exten...
How The US Women’s Soccer Team’s New Equal Pay Deal Works
On February 22, 2022, the U.S. Soccer Federation (USSF) (the national governing body for soccer in the United States), announced the settlement of its long-running legal dispute with the United States Women’s National Team (USWNT). The USWNT had a...
The Lifecycle Of An International Athlete – Dealing With Divorce
This blog in our series for international athletes explains key points of English law in relation to family issues and divorce.
Whilst the intricacies of contractual clauses and the tax efficient structuring of assets are undoubt...
How Will Changes To Gambling Advertising Regulations To Protect Young People Affect Athletes?
The gambling industry’s growing presence in football has been the topic of much fan and government discussion in recent years as the growing numbers of gambling companies sponsoring the game has soared. In April 2022, it was announced by the Commi...
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