Laws of the Game

Editorial

Kris Lines — 2015-01-01

Editorial and Welcome Message

Editorial: Editor-in-Chief

Nayuri Patel — 2015-01-01

Brief Introduction and Welcome Message from the Editor-in-Chief (2013-15) to launch the inaugural issue.

'Not proven'? The curious case of the contaminated steak: a study of the Alberto Contador case and its implications for the 2015 World Anti-Doping Code

Leigh Thompson — 2015-01-01

Following his victory in the 2010 Tour de France, cyclist Alberto Contador was revealed to have tested positive during the race for the prohibited substance clenbuterol. As a result he faced a two-year ban from the sport. Contador claimed the positive result came from contaminated meat he had consumed but the relevant anti-doping authorities disagreed, claiming instead that Contador had deliberately ingested the substance via a contaminated blood transfusion. Ultimately Contador’s case was decided before an arbitration panel at the Court of Arbitration for Sport (CAS) which handed down a two-year ban.

This article will examine the Contador case in detail, focussing in particular on the difficulties arising from the interplay between the provisions of the 2009 World Anti-Doping Code relating to burdens and standards of proof and sanctioning. The analysis will draw primarily on the Court of Arbitration for Sport (CAS) award – as well as other secondary sources and recent similar cases – to assess the extent to which the issues identified have been addressed in the revised 2015 World Anti-Doping Code.

The article also offers some thoughts on possible further amendments to the Code which might offer additional sanctioning flexibility in specific cases.

From rags to riches: the rise and rise of the UFC (or will oversaturation lead to its downfall?)

Reece Savage-West — 2015-01-01

In 1993, the Ultimate Fighting Championship (UFC) promoted a “no holds barred” mixed-martial arts contest designed to answer the perennial combat sports fans' question - can a wrestler beat a boxer?

Considerable blood, sweat and (some) tears later, the UFC has turned into a multimedia corporate behemoth. This article will analyse the origins of the Ultimate fighting Championship and its continued struggle to gain mainstream acceptance and regulatory approval. In particular, the article will analyse how the UFC has shifted between subscription-based channels, event pay-per-view television, free-to-air shows and non-traditional media channels such as social media and user-generated content depending on how acceptable its product was deemed for the public.

The article will conclude by arguing that while UFC has expanded globally and now dominates the mixed-martial arts industry, the ever-increasing demand for high-quality events taking place against a backdrop of corporate respectability, may eventually alienate its core market and lead to an ultimely demise….

A Review of the recommendations of the 'Report of the Sports Betting Integrity Panel' in assessing the progress towards tackling Match-fixing in Sport

Emma Lilley — 2015-01-01

A recent influx in match-fixing occurrences has led to a loss of faith in sports governing bodies regarding the prevention of (and response to) match-fixing. Ultimately this had led to the current state of ambiguous regulation and discipline, and uncertainty both over how the rules should be implemented and how athletes and officials should be sanctioned.

This paper analyses the recommendations posed by Rick Parry's “Report of the Sports Betting Integrity Panel 2002” and considers whether any of the conclusions of the 2002 report have been taken on board by the relevant bodies The paper also evaluates whether the absence of a national or global agency to govern match-fixing (for example like WADA - the World Anti-Doping Agency does within anti-doping) has compounded these difficulties, particularly in relation to understanding the policies and procedures surrounding this branch of corruption. The paper will finally conclude by evaluating whether match-fixing remains as prominent and as unregulated as ever or whether the issue can be excused by a lack of funding, priority or severity.

A Critical analysis of the 2011 Rugby World Cup

Di Nixon — 2015-01-01

The Rugby World Cup 2011 took place in New Zealand between 9th September and 24th October 2011. For rugby fans, the opening ceremony was a truly dazzling affair and was most certainly a world apart from the comparatively low-budget, inaugural tournament launched by the International Rugby Board (“IRB”) in 1987. This article will examine various significant aspects of the planning of the Rugby World Cup, the identification of risks associated with such an event and the control thereof both in the lead up to and during the event. In particular, the article will question whether the spectacle at Eden Park was a true reflection of how well the tournament had been planned or whether it was simply a lavish attempt to cover up cracks developing behind the scenes at the beginning of the tournament. The article will conclude by arguing that it is ultimately the identification, assessment and control of the risks affecting a major event which determines its success (or otherwise).

The 2006 Tour of Britain cycle race - An analysis of the management of participant and spectator safety

Leigh Thompson — 2015-01-01

This paper analyses the 2006 edition of the Tour of Britain cycle race and considers how the safety risks to participants and spectators were managed, both in the planning and execution of the event. The 2006 Tour has been chosen principally because it was marked by a number of serious safety incidents including a motorcycle crash on the final stage which injured a number of spectators. These incidents – and their underlying causes – highlight the difference between the identification of risks in advance of an event and their management in a ‘live’ environment. In addition the 2006 Tour raises a number of interesting legal issues regarding the liability of event organisers and governing bodies under both statute and common law negligence – in particular how the relevant duties of care are, in certain circumstances, capable of being applied to event organisers and governing bodies. Given the increasing popularity of road cycling in the UK and the growing number of events taking place on public roads, this is a legal area that will be worth watching closely.

Security at the Games: Things can only get better or where's my Crystal Ball?

Nic Scott — 2015-01-01

Major international sporting events are much more than that. “Mega” sports events as they are sometimes known regularly celebrate the very best in elite sporting competition but they also provide opportunities for host countries way beyond simply the enjoyment of the sporting spectacle.

Bidding for and then hosting such events is a risky business. The risks are many and varied and start as soon as a country decides to bid to host. As such mitigating identified risks is a major part of the planning, preparation and management of the Games. Security is an obvious risk at Games-time. This paper will analyse the requirements for, and provision of, security and the issues around the procurement of security contracts at some of the more recent Commonwealth Games and the Olympic Games (and Paralympic Games) held in the UK. The paper will also consider how these UK-hosted mega-sporting events have taken heed (or not) of the lessons learned from previous events when contracting-out for such services. Security and crowd management is fast becoming one of the single biggest costs attributable to such events so the key message should be: start early, pay attention to detail, contract shrewdly and build in significant contingency.

Injury breaks in fencing: where does the liability lie?

Sam Sherwin — 2015-01-01

Sports at any level, but particularly the higher levels with professional athletes, often have problems with injuries interrupting gameplay. In team sports, the player can usually either be substituted for a replacement or the teams can carry on with fewer players. Individual sports such as fencing however present a different problem. Do you let players continue on toward glory and simply push past the potential injury at the potential risk to their health, or should players be forced to retire from the field and lose their place in the competition? Whose fault would it be if a player became badly injured after being allowed to carry on?

Fencing is a highly competitive and unique sport that remains an individualistic competition even when performed as a team sport. While it has all the injury problems that plague sporting competition, the available solutions are often not as clear-cut as they could (or should) be. This paper investigates the potential liability arising from this lack of clarity.

What the puck was that?! An analysis of Browning v. Odyssey, examining the liability of sports arena owners in negligence for spectator safety

Jennifer Jolley — 2015-01-01

This paper will look at the reasoning and legal principles applied by the judge in the recent ice hockey spectator case of Browning v Odyssey [2014] NIQB 39. This paper will analyse and compare English cases with those from other jurisdictions to show how this area of law has developed. Academic opinion and judicial reasoning will be brought in to support the discussion on whether the current position allows for fair and consistent decisions, and alternatives will be suggested where this does not appear to be so.

In particular, the paper will analyse a number of specific areas including: the standard of care owed to sports spectators by sports arena owners, whether a higher standard of care should be owed to children and the extent to which a risk can be so small that it is justifiable for the reasonable man to ignore it. Finally, different sports will be compared to see what is classed as an inherent risk, whether it is fair to claim that these risks are similar throughout all sports and whether there should be the same expectations in the warm up as in the main event.

Crazy Horses? Exploring the risk to spectators at Equestrian events

Olivia Goodrich — 2015-01-01

In addition to the risks common to other sporting competitions, equestrian events also have potential risks for visitors due to the inherent unpredictability of the horses being displayed. They are by nature, flight animals which may mean that in the event of an incident during a race or competition, a horse might panic and encroach into the spectator area. If an injury subsequently occurs as a result of this, an injured spectator may be prohibited from recovering damages depending on their purpose within that area and the degree to which they have consented to the risk.

This paper will explore the rationale behind when, where and how this consent has occurred, looking particularly at where the risks may be exacerbated due to the inexperience of the participants, spectators and the event organisers; the paper will examine whether the recent Northern Ireland negligence case of Browning v. Odyssey Trust Company Ltd & Belfast Giants 2008 Ltd has implications for spectator safety and will conclude by arguing that three areas in particular (the liabilities towards spectators, media personnel and officials) merit further research and clarity.

Let me take a #Selfie: An analysis of how cycling should respond to the increasing threats posed by exuberant spectators?

Matt Howes — 2015-01-01

The nature of road cycling raises a number of specific challenges for organisers, particularly in relation to the close proximity between the riders and spectators during the race. Indeed, in many events, supporters are allowed to mass on the side of the road without any barriers or stewards to stop incidents. However, while this proximity can be highly positive and generates atmosphere and engagement with the sport, it also makes it difficult to ensure the safety of both riders and spectators. This paper will examine this spectator/rider relationship and discuss how reckless behaviour (by both parties) has led to an increased number of incidents, injuries and near-misses. The article will also examine the implications of the recent craze of spectator "selfies" as the riders are coming towards them.

Can the ambush of Greenpeace be seen as a method of Ambush marketing, and if so, what (if any) effect did it have?

Charlie Pritchard — 2015-01-01

On the 25th August 2013, Greenpeace protesters ambushed the podium celebrations of the Belgian Formula One Grand Prix. While protests at sporting events are not uncommon, what is unusual about this event is that it managed to catch the organisers off guard at a crucial part of the ceremony, in front of the world media.

This article will explore how the protest occurred and analyse what the implications are for both Shell and sporting events more generally.

The angels took my racehorse away: Can spectators bring a claim for psychiatric injury following an equestrian death on the track?

Charlie Howe — 2015-01-01

While horse racing is one of the oldest of all sports, death and injury is an inherent risk for both the jockeys and the horses that take part. In Britain alone, there have been 816 on-course horse fatalities caused predominantly through collision with fences and/or the over-exhaustion of the horses. Not only do these incidents have distressing consequences for the horse, its owner and any trainers, but seeing this happen whilst watching the event could cause torment and sadness to the spectators. This paper will explore whether a claim can be made for psychiatric injuries following a horse and/or jockey becoming injured during the race, and what implications this might have.