Top 50 football law articles you should read this season


Published 17 August 2015 | Authored by: Sean Cottrell Jake Cohen Chris Bond

With the start of the 2015/16 football season, we thought it would be helpful to put together a list of essential football law articles that focus on key legal issues that national associations, leagues, clubs, agents, and players may need to consider. We also hope these articles will be a resource for anyone involved in football, be it professionally or as a fan, who wants to learn more about the legal, regulatory, and commercial issues in their sport.

Last updated 22 September 2016 to include 30 new articles:

  • Key resources to better understand the football transfer system
  • Key resources to better understand transfer costs in football
  • A review of the updates to FIFA’s Regulations on the Status and Transfer of Players
  • Resolving failed last minute football transfer deals: lessons from the De Gea case
  • The business of transferring minors in football - can more be done to protect young footballers?
  • The current legal status of image rights companies in football
  • How the ban on emergency loans in English football will affect clubs and players
  • Why Football Federation Australia’s new salary cap proposals may be unlawful
  • Fiduciary duties, football, and the fundamental importance of the contractual relationship
  • A guide to fiduciary duties owed by football club directors and remedies for breach of duty
  • Determining the level of compensation for out of contract football players: The PFCC Danny Ings award
  • A legal guide to solidarity payments in football under the FIFA Regulations
  • A guide to training compensation and solidarity payments in football
  • What has the Marcos Rojo case taught us about third party investment in footballers?
  • What Ofcom’s settlement with the Premier League means for the sale of UK football broadcasting rights
  • Why are Premier League clubs attracting savvy global investors?
  • Find out why the Middle East is of growing importance to the global football market
  • State aid in European football: A review of the EC’s ruling on Real Madrid, FC Barcelona and Valencia CF
  • A legal analysis of FIFA’s governance reforms: do they meet the standards of best global practice?
  • A guide to the legal due diligence process when buying a football club
  • An overview of how the match-day policing works in English football
  • How homophobic football chants are addressed under the FIFA Disciplinary Code
  • Gutierrez v Newcastle Utd disability discrimination case: the wider implications for sport
  • How FIFA TMS investigations increase transparency and accountability in international football transfers
  • The FA v Jake Livermore – Proportionality trumps mandatory doping sanction in exceptional circumstances
  • An analysis of how English football can reinforce the criteria of who is a “fit and proper person” to run or own a club
  • How to measure the performance of football clubs’ youth development academies
  • Dr. Eva Carneiro's claims against Chelsea and Jose Mourinho: breaking down the legal issues
  • Interview with Dimitrios Efstathiou, Vice President, Legal at Major League Soccer

 

PLAYER CONTRACTS

PLAYER TRANSFERS:

Key resources to better understand the football transfer system
Click here to read article
By Jake Cohen, Consultant, LawInSport

Key resources to better understand transfer costs in football
Click here to read article
By Jake Cohen, Consultant, LawInSport

A review of the updates to FIFA’s Regulations on the Status and Transfer of Players
Click here to read article.
By Andrew Smith, Barrister, Matrix Chambers

Resolving failed last minute football transfer deals: lessons from the De Gea case
Click here to read article
By Luca Ferrai, Global Head of Sports, Withers

The business of transferring minors in football - can more be done to protect young footballers?
Click here to read article
By Matt Rogers, Sports Lawyer

What are the key legal issues that lawyers and agents encounter during the transfer window and how are they dealt with? 
Click here to read article. 
By Jake Cohen, Consultant, LawInSport 

BONUS PAYMENTS: 
What are the different bonus structures seen in player contracts and what is the future of performance based pay in football?
Click here to read article.
By Richard Berry, Associate, Lewis Silkin

PRE-CONTRACTS:
What are pre-contracts and are they enforceable?
Click here to read article
By Matthew Chandler, Solicitor, Mills Reeve

FAILURE TO PAY WAGES:
What are the issues and legal remedies involved when clubs fail to pay player wages? 
Click here to read article
By John Shea, Solicitor, Morgan Blake

WORK PERMITS & PLAYER CONTRACTS:
The FA’s new work permit system & proposal for new “home grown” rules. 
Click here to read article.
By Carol Couse, Partner, and Tiran Gunawardena, Solicitor, Mills and Reeve

IMAGE RIGHTS & PLAYER CONTRACTS:
How are they are structured, and why they are so important for high-profile footballers?
Click here to read article.
By Pete Hackleton, Partner, Saffery Champness
 

IMAGE RIGHTS COMPANIES IN FOOTBALL:
The current legal status of image rights companies in football
Click here to read article.
By Pete Hackleton, Partner, Saffery Champness

RESTRAINT OF TRADE IN PLAYER CONTRACTS:
In light of Luis Suarez’s successful CAS appeal, what constitutes a restraint of trade in player and manager contracts?
Click here to read article
By John Mehrzad, Head of the Sports Group, Littleton Chambers


EMERGENCY LOANS:
How the ban on emergency loans in English football will affect clubs and players
Click here to read article.
By 
John Shea, Associate, Morgan Blake

SOCIAL MEDIA:
How is social media is sport professionalising its “Twitterati”? Morality clauses, regulation and enforcement. 
Click here to read article. 
By Patricia Leonard, Barrister, 7 Bedford Row

TERMINATING CONTRACTS WITH “JUST CAUSE”:
What has the Adrian Mutu case taught us about new clubs liability for compensation under the FIFA regulations for terminating without just cause?
Click here to read article
By John Shea, Associate, Morgan Blake

BUYING PLAYERS FROM ARGENTINA:
What are the additional costs and taxes involved in when buying a player from Argentina?
Click here to read article.  
By Ariel Reck, Sports Lawyer

WORK PERMITS:
Delayed Entry: the FA’s “highest calibre” standard for non-EU footballers
Click here to read article.
By Jake Cohen, Consultant, LawInSport

INSURANCE COVER FOR PLAYER PERFORMANCE:
How clubs are hedging against the cost of involved in success, such as paying additional bonuses to players and staff? 
Click here to read article
By Sean Cottrell, CEO, LawInSport 

COLLECTIVE BARGAINING IN THE NETHERLANDS:
How does collective bargaining benefit footballers in Holland?
Click here to read article.
By Eva Traag, Solicitor, Dirkzwager Advocaten & Notarissen

COLLECTIVE BARGAINING IN THE MLS:
How was Major League Soccer’s CBA negotiated and what is the impact on salary caps?
Click here to read article.
By Jake Cohen, Consultant, LawInSport

FOOTBALL FEDERATION AUSTRALIA’S NEW SALARY CAP PROPOSALS:
Why Football Federation Australia’s new salary cap proposals may be unlawful
Click here to read article.
By Francis Awaritefe, former Socceroo and National Soccer League player

FIDUCIARY DUTIES AND FOOTBALL:
Fiduciary duties, football, and the fundamental importance of the contractual relationship
Click here to read article.
By Thomas Croxford and Nick De Marco, Barrister, Blackstone Chambers

A guide to fiduciary duties owed by football club directors and remedies for breach of duty
Click here to read article.
By Nicholas Siddall, Barrister, Littleton Chambers

OUT OF CONTRACT FOOTBALL PLAYERS:
Determining the level of compensation for out of contract football players: The PFCC Danny Ings award
Click here to read article.
By Daniel Lowen, Partner, Couchmans LLP

 

TRAINING COMPENSATION

A GUIDE TO TRAINING COMPENSATION & SOLIDARITY PAYMENTS:
A legal guide to solidarity payments in football under the FIFA Regulations
Click here to read article.
By Andrew Smith, Barrister, Matrix Chambers

A guide to how FIFA’s training compensation and solidarity payment regimes work
Click here to read article.
By Andrew Smith, Barrister, Matrix Chambers 

TRAINING COMPENSATION & SOLIDARITY: 
What issues arise when a club waives its right to training compensation?
Click here to read article
By John Shea, Associate, Morgan Blake

CIRCUMVENTING TRAINING COMPENSATION:
Key case law on attempts to circumvent FIFA’s training compensation system.
Click here to read article.
By Markus Manninen, Sports Lawyer, Hannes Snellma.

PAYING TRAINING COMPENSATION:
How do disputes over training compensation play out? The case of Panionios v. Paraná.
Click here to read article.
By Lloyd Thomas, Associate, Squire Patton


REGULATING AGENTS & THIRD PARTY OWNERSHIP

AGENCY AGREEMENTS:
A quick guide to the statutory and common law duties on sports agents.
Click here to read article
By Andrew Nixon, Partner, Sheridans

THE FOOTBALL ASSOCIATION INTERMEDIARIES REGULATIONS:
What do the new  FA Intermediaries Regulations say?
Click here to read article. 
By Daniel Lowen, Partner, Couchmans

THE IMPACT OF NEW INTERMEDIARIES REGULATIONS:
Will the new regulations create a “wild west” or usher in a “brave new world”?
Click here to read article.
By John Mehrzad, Head of Sports Group, and Grahame Anderson, Barrister, Littleton Chambers

A GUIDE TO INTERMEDIARIES REGULATIONS:
Top 10 tips to understand the Football Association’s new Intermediary Regulations. 
Click here to read article
By Daniel Geey, Senior Associate, Fieldfisher and John Mehrzad, Head of Sports Group, Littleton Chambers

DISPUTES ARISING FROM THE FA’S INTERMEDIARIES REGULATIONS:
The new FA Intermediaries Regulations & disputes likely to arise
Click here to read article
By
Nick DeMarco, a barrister at Blackstone Chambers.

EFFECTS OF THIRD-PARTY OWNERSHIP BAN IN BRAZIL: 
What are the early effects of the TPO ban in Brazil? 
Click here to read article
By Marian Rosignoli, 
Partner, S. Santos Rodrigues Lawyers 

THIRD-PARTY OWNERSHIP IN ARGENTINA:
Third party ownership of players in Argentina. 
Click here to read article
By Daniel Geey, Senior Associate, Fieldfisher

THIRD-PARTY OWNERSHIP:
What were the pros and cons of third party ownership? 
Click here to read article
By Luis Villas-Boas Pires, Sports Lawyer

THE MARCOS ROJO CAS AND TPI
What has the Marcos Rojo case taught us about third party investment in footballers?
Click here to read article.
By Luis Villas-Boas Pires, Sports Lawyer

 

MANAGERIAL CONTRACTS

KEY CLAUSES IN MANAGERS’ CONTRACTS:
Football manager contracts of employment – key clauses for clubs to consider – Part 1.
Click here to read article
By Nick Tsatsas, Partner, Fladgate LLP

KEY CLAUSES IN MANAGERS’ CONTRACTS:
Football manager contracts of employment – key clauses for clubs to consider – Part 2. 
Click here to read article
By Nick Tsatsas, Partner, Fladgate LLP

MANAGERS’ CONTRACTS:
How can clubs introduce financial certainty to the process of firing managers? 
Click here to read article
By Julian Springer, Sports Lawyer, Clarke Willmott.


HOW TO ENCOURAGE DIVERISTY IN FOOTBALL MANAGEMENT:
Could the NFL’s “Rooney Rule,” be included as part of the managerial hiring process in English football to enhance diversity?

Click here to read article
By Elaine Banton, Barrister, 7 Bedford Row
 

PLAYER WELFARE: FINANCIAL MANAGEMENT

WEALTH MANAGEMENT FOR YOUNG PLAYERS:
The financial life cycle of a professional footballer - The early years.
Click here to read article.  
By Sam Sloma, former professional football player and Independent Financial Advisor, First Wealth and Anna Moore and Robin Charrot, Mills and Reeve 

WEALTH MANAGEMENT FOR SENIOR PLAYERS:
The financial life cycle of a professional footballer - Planning for retirement.
Click here to read article.  
By Sam Sloma, former professional football player and Independent Financial Advisor, First Wealth and Anna Moore and Robin Charrot, Mills and Reeve 

FINANCIAL FAIR PLAY (FFP) AND BROADCASTING

PREMIER LEAGUE BROADCASTING & FFP:

What Ofcom’s settlement with the Premier League means for the sale of UK football broadcasting rights
Click here to read article.
By Alex Haffner, Senior Associate, Dentons

Why are Premier League clubs attracting savvy global investors?
Click here to read article.
By Paul Rawnsley, Director, Sports Business Group, Deloitte

Why the Premier League's TV rights deal reduces the risk of disruption to the existing rights model
Click here to read article.
By Austin Houlihan, Director, Sports Business Group, Deloitte

What is the state of play regarding the Premier League’s broadcasting revenues; and how could increasing revenues could affect clubs’ compliance with Financial Fair Play regulations?
Click here to read article.
By Paul Shapiro, Associate, and Ben Rees, Associate, Charles Russell
 

CHAMPIONS LEAGUE BROADCASTING:
How is the UEFA Champions League money is distributed to clubs?
Click here to read article
By Daniel Geey, Senior Associate, Fieldfisher

FFP SETTLEMENTS:
UEFA Financial Fair Play: an overview of the clubs’ settlements. 
Click here to read article
By Daniel Geey, Senior Associate, Fieldfisher

FINANCIAL REGUALTION & COMPETITIVE BALANCE:
How financial regulation affects competition across Europe’s big five football leagues. 
Click here to read article
By Natalie St Cyr Clarke, Sports Lawyer, Libra Law


THE MIDDLE EAST AND THE GLOBAL FOOTBALL MARKET:
Find out why the Middle East is of growing importance to the global football market
Click here to read article.
By Alex Thorpe, Senior Manager, Sports Business Group, Deloitte

STATE AID IN EUROPEAN FOOTBALL:
State aid in European football: A review of the EC’s ruling on Real Madrid, FC Barcelona and Valencia CF
Click here to read article.
By Benoît Keane, ‎Solicitor, Keane Legal

 

FOOTBALL GOVERNANCE AND OWNERSHIP

GOVERNANCE:
How is the Premier League Rulebook drafted? An Interview with Jane Purdon, former Director of Governance of the Premier League. 
Click here to read article
By Sean Cottrell, CEO, LawInSport

A legal analysis of FIFA’s governance reforms: do they meet the standards of best global practice?
Click here to read article.
By Chris Baird, Associate, Slaughter and May
 

CLUB OWNERSHIP & GOVERNANCE
Football club ownership in Germany – less romantic than you might think. 
Click here to read article
By Christian Keidel, Partner, and Alexander Engelhard, Associate, Martens Lawyers

A guide to the legal due diligence process when buying a football club
Click here to read article.
By Richard Barham, London Corporate practice and Dentons

MATCH-DAY POLICING:
An overview of how the match-day policing works in English football
Click here to read article.
By Chris Davies, commercial litigator, Burges Salmon


ADDRESSING HOMOPHOBIC FOOTBALL CHANTS:
How homophobic football chants are addressed under the FIFA Disciplinary Code
Click here to read article
By Elaine Banton, barrister and specialist in employment discrimination and sports law, 7 Bedford Row


DISABILITY DISCRIMINATION:
Gutierrez v Newcastle Utd disability discrimination case: the wider implications for sport
Click here to read article.
By Carol Couse, Senior Consultant, Mills & Reeve and Richard Santy, Partner, Mills & Reeve

SAFE STANDING FOR FANS:
Stand up for seating: why all-seated football stadia should be reconsidered. 
Click here to read article
By Marcus Keppel-Palmer, Senior Lecturer in Law at the University of the West of England

MONITORING INTERNATIONAL TRANSFERS:
How does FIFA monitor and govern the international transfer of professional players on loan?
Click here to read article. 
By Barry Lysaght, Integrity and Compliance Counsel at FIFA TMS

FIFA TMS SYSTEM:
How FIFA TMS investigations increase transparency and accountability in international football transfers
Click here to read article
By Kimberly Morris, Head of FIFA TMS Integrity and Compliance department & Barry Lysaght, Integrity and Compliance Counsel for FIFA TMS GmbH

A guide to FIFA’S Transfer Matching System.
Click here to read article.
By Adam Thatcher, Associate, Taylor Wessing


DOPING AND FOOTBALL
The FA v Jake Livermore – Proportionality trumps mandatory doping sanction in exceptional circumstances
Click here to read article.
By Tom Mountford, Barrister, Blackstone Chambers


THE ‘OWNERS AND DIRECTORS TEST’ IN ENGLISH FOOTBALL
An analysis of how English football can reinforce the criteria of who is a “fit and proper person” to run or own a club
Click here to read article.
By AnneMaree McDonough, Consultant, Shepherd & Wedderburn

FOOTBALL CLUBS' YOUTH DEVELOPMENT ACADEMIES
How to measure the performance of football clubs’ youth development academies
Click here to read article.
By Richard Battle, Senior Manager, Sports Business Group, Deloitte

 

DISPUTE RESOLUTION

FIFA APPEAL COMMITTEE:
How does the FIFA Appeal Committee work?
Click here to read article
By
Ariel Reck, Sports Lawyer

KEY FOOTBALL CASES:
What are the key cases that we’ve seen from early 2015?
Click here to read article
By Nick De Marco, Barrister, Blackstone Chambers

DISPUTE RESOLUTION AT THE COURT OF ARBITRATION FOR SPORT (CAS):
How is the CAS used to help resolve disputes? An interview with leading football lawyer, Juan de Dios Crespo
Click here to read article.  
By Sean Cottrell, CEO, LawInSport

SANCTIONING PLAYERS:
Lessons from Suarez case: is it time for “universality” in football sanctions?
Click here to read article.  
By Kevin Carpenter, Principal, Captivate Legal & Sports Solutions

SECURING FUNDS FROM DEBTS DUE FROM CLUBS:
Freezing monies owed from UEFA to secure a debt claim: a case study. 
Click here to read article
By Roy Levy, attorney-at-law, at Probst Attorneys

FIELD INELIGIBLE PLAYERS:
When is there a right to replay a football match? FIFA, UEFA and The FA laws on fielding an ineligible player. 
Click here to read article
By Grahame Anderson, Littleton Chambers

REGULATING FOOTBALL FANS:
Regulating unruly football fans: the state of English law and proposed improvements. 
Click here to read article
By Grahame Anderson, Lydia Banerjee, both barristers at Littleton Chambers

THE DEFINITION OF AN “OFFICIAL MATCH”:
What constitutes an ‘Official Match’ under the FIFA Regulations? The case of Ben Arfa. 
Click here to read article
By Lloyd Thomas, Associate, Squire Patton Boggs

CARNEIRO'S CLAIMS AGAINST CHELSEA AND MOURINHO
Dr. Eva Carneiro's claims against Chelsea and Jose Mourinho: breaking down the legal issues
Click here to read article.
By James Williams, Partner, Hill Dickinson LLP and Nicola Holdsworth, trainee solicitor, Hill Dickinson LLP

 

PODCAST

Interview with Dimitrios Efstathiou, Vice President, Legal at Major League Soccer
Click here to listen.
By Sean Cottrell, CEO, LawInSport, and Jake Cohen, Consultant, LawInSport

 

 



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About the Author

Sean Cottrell

Sean Cottrell

Sean is the founder and CEO of LawInSport. Founded in 2010, LawInSport has become the "go to sports law website" for sports lawyers and sports executives across the world.

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Jake Cohen

Jake Cohen

Jake is a Consultant Mills & Reeve and an attorney working on both sides of the pond.

He has worked in the sports team at Mills & Reeve, and also writes about legal, economic, and financial issues in European sport for the Wall Street Journal, ESPN, and other publications. He has been cited as an authority by media outlets all over the world.

At one time, he was a serviceable fly-half.

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Chris Bond

Chris Bond

LinkedIn

Chris is the Editor at LawInSport, and takes responsibility for the review of content in conjunction with the Editorial Board. Prior to joining LawInSport, Chris graduated from Nottingham University, and trained and worked as a litigation lawyer at King & Wood & Mallesons SJ Berwin.

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