Sports law/ Michael J. Beloff ... [et al.] ; with a foreword by Lord Coe

Enhanced descriptions from Syndetics:

Sports law has been growing with increasing rapidity over the years since the first edition of this book was published in 1999, regularly making headlines as well as leading to a developing body of law practised by specialist lawyers. This revised work, by leading practitioners in the field, with a foreword by Lord Coe, provides a coherent framework for understanding the principles of sports law in this area, as well as a deep analysis of its key features. The subject is split into various areas of practice: first, regulatory rules, which embrace the constitutional aspect of organised sport, including the disciplinary procedures of the various governing organisations; second, broadcasting and marketing resulting from the commercial exploitation, including sponsorship, of sports clubs, sporting events and players; and third, player's rights and obligations, which embraces a wide range of legal issues including club transfers and player contracts, and issues arising from employment (including discrimination law), personal injury and criminal law. Special attention is paid to the impact of EU and Human Rights law as well as to the influential jurisprudence of the Court of Arbitration for Sport.

London 2012 provides an appropriate point at which to assess the current state of the law, as well as a look to the future. The target readership extends from solicitors, barristers and legal advisers, to sports organisations and clubs, corporations involved in marketing and sponsorship, media companies, academics teaching sports law, and sports administrators.


"I commend it to everyone who has to administer sport as well as to those who have to advise the administrators or argue cases in the field on whatever side. It is a gold medal book."
From the Foreword by Lord Coe KBE

Table of contents provided by Syndetics

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

Author notes provided by Syndetics

The Hon Michael Beloff KC is a barrister at Blackstone Chambers. a former President of Trinity College Oxford, Master of the Bench of Grays Inn and a member of the Channel Islands Court of Appeal. He is a Member of the Court of Arbitration for Sport, Chairman of the International Cricket Council Code of Conduct Commission, a Member of the International Appeal Panel of Formula One, Editor of Sweet and Maxwell's International Sports Law Review, General Editor of Halsburys Laws on Sports Law (forthcoming), and President of the British Association of Sport and Law.

Tim Kerr KC is a barrister at 11 King's Bench Walk specialising in sports law, administrative and employment law; he sits as a sports arbitrator and a Chancery civil recorder and conducts investigations for public sector bodies.

Marie Demetriou KC is a barrister at Brick Court Chambers, London.

Rupert Beloff is a Barrister at No5 Chambers, London, specialising in public law, sports law, commercial law and human rights.