Worker Status Sent Spinning: Case summary of Varnish v British Cycling – 3PB

‘Ms Varnish (the Claimant) is a talented cyclist. She holds world records for track cycling and has won medals at the European Championships, World Cup and Commonwealth Games. She entered into an “Athlete Agreements” with British Cycling (the Respondent). This agreement expressly stated that it was not a contract of employment, that the Respondent would develop an Individual Rider Plan and provide the Claimant with support required, and that the Claimant would, among other things, train to the best of her abilities. The agreement provided for suspension and termination by the Respondent in certain circumstances.’

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3PB, 3rd August 2020

Source: www.3pb.co.uk

What is a ‘Fit and Proper Person’? – 25 Bedford Row

Posted August 10th, 2020 in chambers articles, company directors, news, sport by sally

‘In this article, Simon Pentol QC examines the flaws in the process that scrutinises the suitability of football club owners and proposes a 10-point plan of revisions.’

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25 Bedford Row, 6th August 2020

Source: www.25bedfordrow.com

Barry Bennell: Ex-football coach admits more sexual offences – BBC News

Posted August 3rd, 2020 in abuse of position of trust, child abuse, children, news, sexual offences, sport by sally

‘Former football coach and serial paedophile Barry Bennell has pleaded guilty to nine sexual offences.’

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BBC News, 31st July 2020

Source: www.bbc.co.uk

Equal Pay, Parental Rights, Personal Beliefs and Protest Movements – a review of recent developments in the areas of sport and employment law – Littleton Chambers

‘Across the board people have been reassessing how the traditional views of what it means to be an “employee” fit within our modern world.’

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Littleton Chambers, 21st July 2020

Source: littletonchambers.com

Covid 19: The impact of the crisis on competition law and tax issues in sport – Blackstone Chambers

Posted July 13th, 2020 in chambers articles, competition, coronavirus, news, sport, taxation by sally

‘The Covid 19 epidemic and consequential lockdown measures have had a disastrous impact on the seasons of winter and summer sports alike. To take but one example, Tottenham Hotspur Football Club has said that it envisages a loss of revenue of £200 million, prompting it to seek funds from the Covid Corporate Financing Facility. The combined impact on Premier League revenues as a whole is predicted in the Deloitte Annual Report for 2019-2020 to be around £1 billion. This article considers the potential impact of the Covid crisis on competition law and tax issues for sports clubs and regulatory bodies. It reflects some thoughts I gave for a Blackstone Chambers Sports Webinar on 25 June 2020.’

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Blackstone Chambers, 2nd July 2020

Source: www.sportslawbulletin.org

Covid 19: The impact of the crisis on competition law and tax issues in sport – Sports Law Bulletin from Blackstone Chambers

Posted July 2nd, 2020 in competition, coronavirus, news, sport, taxation by tracey

‘Covid 19: The impact of the crisis on competition law and tax issues in sport.’

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Sports Law Bulletin from Blackstone Chambers, 2nd July 2020

Source: www.sportslawbulletin.org

New Acts – legislation.gov.uk

Posted June 30th, 2020 in divorce, insolvency, legislation, sport by tracey

Divorce, Dissolution and Separation Act 2020

Birmingham Commonwealth Games Act 2020

Corporate Insolvency and Governance Act 2020

Source: www.legislation.gov.uk

Football in the time of COVID-19: lessons to be learned from the recent decision in South Shields FC v The FA – Sports Law Bulletin from Blackstone Chambers

Posted June 17th, 2020 in chambers articles, coronavirus, news, sport by sally

‘A distinguished arbitral panel, chaired by Lord Dyson with Charles Flint QC and Andrew Green QC, recently delivered its award in the case of South Shields Football Club 1888 Limited v The Football Association Limited. The decision, which considered The FA’s powers to bring the 2019/20 football season to an end for Steps 3 to 7 of the NLS, in light of the coronavirus pandemic, is one of the first to examine the scope of regulatory decision-making in the field of sport in the wake of the current global health crisis. Nick De Marco QC discusses the case.’

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Sports Law Bulletin from Blackstone Chambers, 12th June 2020

Source: www.sportslawbulletin.org

South Shields Football Club 1888 Limited v The Football Association Limited – Blackstone Chambers

‘A legal challenge to The FA’s decision to end the 2019/20 football season in Steps 3-7 of the English football National League System without promotion or relegation on account of the COVID-19 pandemic has been dismissed. The arbitral panel, chaired by Lord Dyson with Charles Flint QC and Andrew Green QC, rejected the challenge brought by South Shields FC, a club sitting in an automatic promotion position at the point of cessation of the season.’

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Blackstone Chambers, 11th June 2020

Source: www.blackstonechambers.com

Insolvency in the English Football League: impact on players and staff – Littleton Chambers

Posted June 11th, 2020 in contract of employment, coronavirus, debts, insolvency, news, remuneration, sport by sally

‘In relation to the EFL, there have been dire warnings that in the absence of a substantially increased contribution from the Premier League, up to 60 clubs could go out of business.’

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Littleton Chambers, 2nd June 2020

Source: littletonchambers.com

The Return of English Football: Project Restart and the Duty of Utmost Good Faith – Littleton Chambers

Posted June 10th, 2020 in chambers articles, coronavirus, news, sport by sally

‘Ashley Cukier and Anirudh Mathur explore the duty of “utmost good faith” in the context of the PL and EFL Rules.’

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Littleton Chambers, 4th June 2020

Source: littletonchambers.com

Revenue and Customs v Professional Game Match Officials Ltd – Old Square Chambers

‘The Upper Tribunal (Tax and Chancery Chamber) recently held in Revenue and Customs v Professional Game Match Officials Ltd that part-time football referees are independent contractors (rather than employees, whose match fees and other payments are subject to PAYE).’

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Old Square Chambers, 1st June 2020

Source: www.oldsquare.co.uk

Employment status: Revenue v Customs Commissioners v Professional Game Match Officials Ltd [2020] 5 WLUK 118 – 3PB

‘Professional Game Match Officials Limited (“PGMOL”) is a company whose 3 members are The Football Association Ltd (“the FA”), The Football Association Premier League Ltd (“the Premier League”) and the Football League Ltd (“the Football League”), now referred to as the English Football League (“the EFL”).’

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3PB, 2nd June 2020

Source: www.3pb.co.uk

“Project Restart” or a false start: can professional sports clubs compel their players to return to the pitch and waive health and safety liability? – Littleton Chambers

Posted May 20th, 2020 in chambers articles, coronavirus, employment, health, health & safety, news, sport by sally

‘As elite-level leagues, sporting associations and other stakeholders debate whether competitions can be restarted in an era of physical distancing, it has been reported that some professional football and rugby clubs are proposing to require players to sign disclaimers in relation to the health risks posed by Covid-19 before they resume training.’

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Littleton Chambers, 14th May 2020

Source: littletonchambers.com

Claims by clubs in the event of a cancelled season – Littleton Chambers

‘In this short piece, Andrew Nixon and Alex Harvey of Sheridans Sports Group, and David Reade QC and Nick Siddall QC of the Littleton Sports Group consider some of the potential claims which may arise from league seasons being cancelled, with a particular focus on the Premier League. The authors also look at how any losses may be assessed.’

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Littleton Chambers, 7th May 2020

Source: littletonchambers.com

Insolvent FC – 3 Hare Court

Posted May 5th, 2020 in insolvency, news, sport by sally

‘Football insolvencies are different than others. In their community impact, yes, but, to some extent at
least, legally as well. They may also be becoming more common.’

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3 Hare Court, 4th May 2020

Source: 3harecourt.com

Comply with ADR duty or risk costs sanction – Law Society’s Gazette

‘The recent decision of DSN v Blackpool Football Club Limited [2020] EWHC 670 (QB) illustrates the need for litigating parties to consider and engage with alternative dispute resolution (ADR) procedures in trying to resolve their disputes.’

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Law Society's Gazette, 4th May 2020

Source: www.lawgazette.co.uk

James Green and Stuart Sanders on the new UEFA guidelines for eligibility in international competitions – Littleton Chambers

Posted April 28th, 2020 in coronavirus, news, sport by sally

‘The ongoing COVID-19 pandemic has created uncertainty across the world of professional football for players, clubs and fans alike. Almost all domestic football leagues have been suspended for the past several weeks (save for holdout Belarus, which has continued to hold professional matches in front of fans). As the lockdowns in European countries have been extended, many have speculated about the possible need to cancel domestic seasons outright. However, a vexed question has remained about the effect any such cancellation might have on one of the most prestigious and lucrative elements of the sport: qualification for European competitions.’

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Littleton Chambers, 24th April 2020

Source: littletonchambers.com

“Give Me Just A Little More Time” – Littleton Chambers

Posted April 16th, 2020 in chambers articles, contracts, coronavirus, news, sport by sally

‘Bianca Balmelli and Nicholas Siddall QC analyse the legal issues arising from the differing responses of sporting events to the Covid-19 pandemic.’

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Littleton Chambers, 7th April 2020

Source: www.littletonchambers.com

Legal realities of an ‘extension’ to the football season – Law Society’s Gazette

Posted April 9th, 2020 in contract of employment, contracts, coronavirus, delay, news, sport by sally

‘The football world, like almost every other sector of the economy, is grappling with the unprecedented impact of the coronavirus pandemic. In English football, the official position remains as set out in the joint statement issued by the main professional stakeholders on 20 March 2020: football is currently suspended but ‘all options’ are being explored ‘to find ways of resuming the season when conditions allow’.’

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7th April 2020

Source: www.lawgazette.co.uk