Cross-code transfers in Rugby – Will the Denny Solomona case set a new precedent?
Published 13 January 2017 By: James Hill
Cross-code transfers have been a feature of the Rugby League / Rugby Union dichotomy for decades. However, Denny Solomona's recent controversial move of officially retiring from the Super League’s Castleford Tigers to sign a new contract with the English Premiership’s Sale Sharks sets a new precedent. Castleford have now commenced proceedings in the High Court against Solomona, his agent and Sale Sharks. The case could arguably affect cross-code transfers in the way that the Bosman ruling affected football back in the 1990s.
This article examines the key legal issues arising out of Solomona’s case, namely:
- The factual background;
- The prospect of success of Castleford's claims against Solomona for breach of contract;
- The prospects of success of Castleford's claims against Sale Sharks and Solomona's agent, Andrew Clarke, for inducing breach of contract; and
- The impact that the case may have on future cross code moves and any processes which may be put in place to prevent moves being forced through in a similar manner.
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- Tags: Australia | Australian Rules Football | Contract | Court of Arbitration for Sport (CAS) | Employment | English Premiership Rugby | FIFA | Fiji | Football | National Football League (NFL) | RFL Operational Rules | RFL Standard Contact | Rugby | Rugby Football League (RFL) | Rugby Union | Super League | United Kingdom (UK) | United States of America (USA)
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James Hill is an Associate at Onside Law. James works on a broad range of commercial disputes, including High Court claims and arbitration, as well as a variety of regulatory matters. In particular, James has experience of obtaining injunctive relief against employees for breach of contract and theft of confidential information.