Knocked down, but not out - A review of the ICC’s new concussion replacement regulations

In what was a sensational summer of cricket, the sport also saw the first use of a ‘concussion replacement’ in the international game.1 Steve Smith, the Australian batsman, was hit in the neck2 by a bouncer from English fast bowler, Jofra Archer, during the first innings of the second Ashes test at Lords. The ball narrowly missed hitting the part of his neck that so tragically caused the death of Phillip Hughes. Smith came back out to bat after undergoing a medical examination but looked out of sorts and was out LBW on 92 shortly afterwards. His condition worsened that evening and he began to suffer symptoms including headaches, dizziness and drowsiness3. The medical team stated that, despite passing three concussions tests immediately after the incident, Smith had suffered a delayed reaction to the impact. Australia made the decision to use a concussion replacement and Smith did not feature in the second innings.
This article examines the background to concussion replacements, explains how the new regulations operate, and discusses several talking points that will no doubt emerge with their introduction to the game.
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- Tags: Ashes | Athlete Welfare | Australia | Concussion | Cricket | England | India | International Cricket Council (ICC) | Regulation | Safety | Test Match Playing Conditions
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Written by
Edmund Gross
Ed is a Barrister at Furnival Chambers. Ed’s practice is diverse and includes a growing Sports Law practice including instructions from the Rugby Football Union and sitting on MCC Disciplinary Panels. He is also a London Football Association Disciplinary Panel Member.
He also has a busy criminal practice in the Crown, Magistrates’ and Youth Courts and has been instructed in a wide range of criminal matters. Those who instruct him have noted his meticulous preparation and he has been described as very approachable and professional in his manner. Furthermore, Ed has a growing practice in Financial Crime both for the defence and prosecution.
Thomas Cleeve
Thomas is an associate in the employment team at Penningtons Manches Cooper LLP based in London. He acts for individuals, corporate clients, and staff associations and their members, advising on a broad range of employment law matters. These involve both contentious and non-contentious issues, such as discrimination, whistleblowing, unfair dismissal, regulatory, and day-to-day HR matters, including handbook policies and other contractual issues. He also advises on the drafting and negotiation of employment contracts and settlement agreements and has assisted a number clients on their response to data subject access requests.