Challenging sports bodies' determinations

Citation

Little G & Morris P (1998) Challenging sports bodies' determinations. Civil Justice Quarterly, 17 (April), pp. 128-148.

Abstract
First paragraph: In this article we propose to focus on the different methods of challenging, on both a legal and extra-legal basis, the determinations of sports governing bodies. We have consciously decided to adopt an expansive view of the topic, both in terms of the different forms of legal intervention and the myriad species of determination which may form the subject of a legal challenge. Accordingly, we will examine the applicability and scope of the principles of natural justice in relation to sports bodies, the relevance of the common law restraint of trade doctrine and extra-legal mechanisms of redress for aggrieved sportsmen--all will be assessed in the context of sports bodies' determinations impacting upon the career, reputation and livelihood of individual sportsmen as well as contentious action affecting the organisation and structure of a particular sport. During this analysis we will draw primarily on case law and legal institutions, but also reveal interesting findings of a survey questionnaire completed by a section of key United Kingdom sports governing bodies.

Keywords
Alternative dispute resolution; Natural justice; Restraint of trade; Sporting organisations

Journal
Civil Justice Quarterly: Volume 17, Issue April