Sports Law

Michael Beloff is the President of Trinity College Oxford, Master of the Bench of Grays Inn and some time Recorder of the High Court and Deputy High Court Judge.Tim Kerr QC is a Barrister at 11 King's Bench Walk, specialising in public law, EU law, sports law and human rights.Marie Demetriou is a Barrister at Brick Court Chambers, London.

Introduction - the nature of sports law: an introduction to the subject; the development of sports law - freedom of contract, pacta sunt servanda, force majeure, clausula rebus sic stantibus, good faith, protection of legitimate expectations, necessity of seeing the parties' intent, in dubio contra proferentem, doubt benefits the party assuming a contractual obligation, nullum crimen, mulla poena sine lege, equal treatment, proportionality, good faith; the aim of this book. Overview - the framework of the law relating to sport: the legal nature of sporting associations; rights and obligations created by contract; interpretation of the rules of sporting bodies; sport and the criminal law; the law of tort; public law; statute law; European Community law; the European Convention on Human Rights. Access to sporting competitions: introduction - entry criteria in sport; the duty of fairness owed by sporting bodies to outsiders; contractual and contract related claims concerning access to sporting competitions; the restraint of trade doctrine; non-contractual claims relating to access to sporting competitions - free standing challenges; competition law and access to sporting competitions. Players' rights: introduction; the formation of the player/club relationship - transfer fees, EC law in sport - an introduction, EC law - Article 48 (now Article 39) and the other free movement provisions, EC law - Article 85 and 86, restraint of trade, nationality restrictions, nationality restrictions imposed by leagues, immigration rules; the content of the player/club relationship - terms and conditions of work, discrimination, common law, the anti-discrimination statues, areas of discrimination, justification, exemptions. The regulation of play: introduction - prohibited sports; organisation and competitions - introduction, statute; tort and sport - generally, negligence, defences, nuisance, assault, damages, practical issues arising in sporting injury claims, the criminal law, litigation determining the outcome of a game. Broadcasting, marketing and competition law: introduction; broadcasting - introduction, what are broadcasting rights?, copyright over broadcasts, how are broadcasting rights regulated?, statutory regulation; completion law - an introduction, Article 85 (81), Article 86 (now Article 82), broadcasting and competition law; marketing - ticket sales, merchandise sales; note on the judgement of the restrictive practices court in the FA Premier League case. Disciplinary proceedings in sport: introduction - disciplinary proceedings in sport generally; the validity and meaning of disciplinary rules - jurisdiction of disciplinary panels; evidence and proof in disciplinary proceedings; disciplinary procedures - the content of procedural fairness; penalties in disciplinary proceedings; costs in disciplinary proceedings; appeals in disciplinary proceedings; the practical management of disciplinary issues. (Part Contents).