1. The Nature of Sports Law 1
An Introduction to the Subject 1
The Aim of this Book 7
The Development of Sports Law 10
Influence of the Olympic Movement 16
2. Overview： Framework of the Law Relating to Sport 23
The Legal Nature of Sporting Associations 23
Constitution of International， National and Local Sports Bodies 28
Governance in Sport： The Responsibilities of Governing Bodies 30
Interpretation of the Rules of Sporting Bodies 32
Rights and Obligations Created by Contract 35
Sport and the Criminal Law 43
The Law of Tort in Sport 44
Public Law Principles in Sport 45
Statute Law and Sport 46
Protection of Children in Sport 47
Application of European Union Law to Sport 48
European Convention on Human Rights 51
3. Access to Sporting Competitions 55
Introduction： Entry Criteria in Sport 55
The Duty of Fairness Owed by Sporting Bodies to Outsiders 57
Contractual Claims Asserting a Right to Participate 64
Restraint of Trade and the Right to Participate 71
Non-Contractual Claims Asserting a Right to Participate 78
EU Law and Access to Sporting Competitions； Competition Law and the Right to Participate 86
Applicable Provisions of EU Law 86
Selection Rules 88
The Organisation of Sport on a Territorial Basis 89
Promotion Criteria 90
Common Ownership of Competing Clubs 90
Restrictions on the Organisation of New Competitions 91
4. Players’ Rights 93
Introduction： Relations between Players and Clubs Generally 93
Formation of the Player/Club Relationship 94
The EU Free Movement Rules 94
Scope of Application 95
Substantive Application of Article 45 TFEU and the Other FreeMovement Provisions 96
Transfer Rules 97
Application of the EU Free Movement Provisions to Transfer Rules 98
Articles 101 TFEU and the Chapter I Prohibition of the 102
Competition Act 1998 102
Restraint of Trade 104
Nationality-Related Restrictions 106
Contracts Involving Minors 108
Content of the Player/Club Relationship 108
Terms and Conditions of Work 109
Salary Caps 111
Discrimination 112
Common Law 113
The Equality Act 2010 113
Examples of Discrimination Cases in the Context of Sport 114
Child Protection in Sport 115
Chapter 1： The VBS 127
Chapter 2： Changes to the CRB Regime 128
Consequences 129
5. The Regulation of Play 131
Introduction 131
Prohibited Sports 134
Organisation and Competition 135
Introduction 135
Statute 136
Tort and Sport 139
Generally 139
Negligence 140
Duty of Participants to Each Other 140
Duty of Participants Towards Spectators 144
Duty of Participants to Passers-By 145
Duty of Referees 145
Duty of Coaches 146
Duty of Schools 147
Duty of Organisers and Promoters 148
Duty of Governing Bodies 150
Defences 151
Nuisance 154
Assault 155
Damages 156
Practical Issues Arising in Sporting Injury Claims 157
The Criminal Law 158
6. The Commercial Exploitation of Sport 162
Introduction 162
Competition Law 162
Introduction 162
Article 101 TFEU 163
Article 102 TFEU 164
Application of the Competition Rules in the Sports Sector 165
The Specific Nature of Sport 165
Market Definition 166
Undertakings， Associations of Undertakings 166
Agreements， Decisions， Concerted Practices 168
Restrictions on Competition under Articles 101（1） and 102 TFEU 168
Effect on Inter-State Trade 169
Broadcasting 170
What are Broadcasting Rights？ 170
How are Broadcasting Rights Regulated？ 172
Statutory Regulation 172
Broadcasting and Competition Law 174
The Relevant Market in Sports Broadcasting Cases 174
Collective Selling 176
Collective Purchasing 178
Exclusivity 181
Ticketing Arrangements 183
Merchandise Sales 186
Sponsorship Agreements 187
7. Disciplinary Proceedings in Sport 188
Introduction 188
Specific Features 192
Subject Matter 192
Jurisdiction of Disciplinary Panels 196
Validity of Disciplinary Rules 198
Interpretation of Disciplinary Rules 203
Evidence and Proof 211
Standard of Proof 214
Procedural Fairness 218
The Right to a Fair Hearing 222
The Rule Against Bias 228
Conclusion 231
Penalties 232
Costs 241
Appeals 241
The Practical Management of Disciplinary Issues 242
Principles Applied in Disciplinary Proceedings before the CAS 247
Disciplinary Cases Involving Alleged Doping 251
The World Anti-Doping Agency and the World Anti-Doping Code 252
8. Remedies： The Resolution of Legal Disputes in Sport 257
Introduction 257
Court Proceedings 260
Non-Availability of Judicial Review 260
Private Law Claims 268
Introduction 268
Contract Based and Non-Contract Based Private Law Claims 269
Remedies under the Human Rights Act 1998 269
Forum and Multiplicity of Proceedings 270
Declarations 276
Injunctions 278
Damages 288
Company Law： Unfair Prejudice Petitions 291
Jurisdiction， Choice of Law and Forum 292
Stay of Proceedings for Mediation 298
Stay of Proceedings for Arbitration 299
Arbitration in Sport 300
Introduction 300
The Court of Arbitration for Sport 305
The Future of Dispute Resolution in Sport 311
Bibliography 314
Index 325