The Denny Solomona transfer: Why did Castleford settle and does the case set a new precedent?

Published 29 June 2017 By: James Hill

Rugby player in suit on field

The High Court action brought by Castleford Tigers against Denny Solomona, Sale Sharks and Andrew Clarke (Solomona’s agent) in relation to Solomona’s contentious move from Castleford to Sale has been settled.

In a remarkably detailed statement, Castleford has disclosed that the settlement figure is in excess of £200,000 and it is to recover approximately £100,000 in legal costs.  The statement also sets out additional detail about the background to the matter[1].  It should be noted that neither Solomona, Sale Sharks nor Clarke have released any statement of their own.  However, one would assume the decision to settle was led and underwritten by Sale.

Back in January 2017, the author wrote an article for LawInSport examining the key legal issues arising out of the Solomona case (available here)[2].  This article re-visits these issues in light of the settlement and Castleford’s statement.  Specifically it looks at:

  • Was there a breach of contract and an inducement to breach contract?

  • Why did Castleford decide to settle the case?

  • Does the case set a new precedent?

 

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Author

James Hill

James Hill

James is an associate specialising in commercial litigation and regulatory matters in the sports sector - in particular football, rugby, cricket and cycling - advising governing bodies, clubs, athletes, agencies and brands.  Prior to Onside Law, James trained and qualified at Fieldfisher in the Dispute Resolution department.

His practice encompasses High Court and County Court litigation, international and domestic arbitration, sports disciplinary proceedings and regulatory investigations.  Regular work includes contractual disputes, sports disciplinary proceedings, governing body investigations, breaches of post-termination restrictive covenants, claims for inducing breach of contract, insolvency claims, defamation and intellectual property infringements.

He also has experience advising clients on commercial agreements, drafting rules and regulations for governing bodies, advising agents and players on representation contracts and advising clubs and agents on playing contracts and transfers.

Away from the office, James is a Millwall season ticket holder and keen cyclist since injury brought his rugby playing days to an end.

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