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World Sports Advocate

Volume: 5 Issue: 7
(July 2007)


News

A Football Association Premier League (FAPL) Arbitration Panel has dismissed Sheffield United's complaint that the FAPL failed to adequately handle West Ham United's breach of FAPL Rules B13 and U18, in relation to the registration of Carlos Tevez and Javier Mascherano. / read more

The 'Unibet' cycle team has launched a last-minute attempt to be reinstated in the Tour de France, after Amaury Sport Organisation (ASO) blocked the team from competing in French events due to restrictions on the advertising of gambling. / read more

Support is growing for the Football Association Premier League (FAPL) and music publishers Bourne Co.'s copyright class action legal complaint against YouTube and Google, which is scheduled for a 27 July hearing in the United States District Court, Southern District of New York. / read more


Features

After West Bromwich Albion failed to secure damages for negligent advice from a surgeon which resulted in the end of the playing career of Michael Appleton, the footballer managed to secure damages against the surgeon for cutting short his playing career. Mike Morgan and Alastair Purssell of Hammonds explain how the case highlights the difficulties facing courts in determining the balance between a fair award to the player, which does not dissuade insurers from underwriting surgery on footballers. / read more

In the UK, football has specific rules which specify that should a club enter administration, it will lose its share in the Football League unless it pays 'football creditors' first, in full. Elizabeth Mehdevy, an associate with Hextalls LLP, examines challenges to the 'football creditor' rule and examines how it can leave non-football creditors out of pocket. / read more

Up until recently, a UK publican wishing to broadcast Premier League games had to buy a licence directly from BSkyB (Setanta Sports offers a similar service, having secured Premier League rights). To avoid the high cost of these licenses and to receive games not screened by BSkyB, some publicans have bought equipment that can decode foreign satellite signals. A publican convicted of broadcasting Premier League games using an overseas signal has appealed to the High Court. Paul Smith of Hammonds highlights the implications that the case could have for publicans and for ordinary subscribers to satellite sports services. / read more

Due to the brevity of managerial contracts in sport and the number of parties often involved, determining who should pay how much compensation in cases of fraudulent misrepresentation can often prove a challenge, as the High Court found in a June 2007 case involving football manager Iain Dowie. Jonathan Ellis, a solicitor with Charles Russell LLP, highlights the issues raised by the case and explains that although sport has special characteristics, it must pay proper regard to its legal obligations. / read more

Belgian and French courts recently issued opposing judgments on the decision by competition organisers to use national laws to prohibit a cycling team, sponsored by Unibet, from entering races held in their territories. Paul Van den Bulck and Aubin de Perthuis of Ulys, examine the judgments and their implications. / read more

The VAT & Duties Tribunal in Manchester has dismissed Birmingham City's claim to recover VAT on agent fees, as the club could not prove that the agent was acting solely for the club. Aredhel Darnley, a Solicitor with Hammonds, explains how the case follows Newcastle United's battle with HMRC and its connection to the FA's new Player Agent regulations. / read more


About World Sports Advocate

The monthly law publication providing guidance on all aspects of sports law, including licensing and sports data, anti-doping and doping sanctions, TV and broadcasting rights, sport technology, players agents, disciplinary measures, sports integrity, sports betting, player contracts, intellectual property, transfer regulations, sports sponsorship and marketing, and governance, as well as coverage of key legal cases, sporting regulations and governing bodies including the IOC, UEFA and FIFA and sporting events such as London 2012. / read more

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