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

Cricket Player
Friday, 18 October 2019 By Edmund Gross, Thomas Cleeve

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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About the Author

Edmund Gross

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.

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Thomas Cleeve

Thomas Cleeve

Associate, Pennington Manches Cooper

Thomas is an associate in the employment team 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.

A member of the Employment Lawyers Association, Thomas has experience in the employment tribunal and the High Court. He plays an active role in the firm’s sports and entertainment sector group and has represented clients on anti-doping cases. He is also a member of the firm’s disability subcommittee.

Thomas qualified in 2019, having joined Penningtons Manches as a trainee solicitor in 2017.

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