Is Sport Above The Law?

Sport has always been a factor of life that has seemed to escape the grasp of the law. This has been shown throughout the ages, with even Roman law establishing the difference between those that kill with a javelin when practicing the sport, and those that kill with a javelin outwith a designated throwing field. Yet, as times go by, sport and the law are finding themselves increasingly intertwined.

Obviously, the excuse that you were practicing the javelin when it unfortunately got thrown into the person on the other side of the field was never going to last in the modern world, despite what the lex Aquilia may say. The ability to have “a square go” is still not allowed either according to the case Smart v HMA, yet, if you step into the ring, the law is somewhat left aside for everyone’s entertainment. I mean, watching Ricky Hatton fight would be no fun if he was not legally allowed to punch his opponent, even if it may provide him with a better opportunity of at least drawing the bout.

Football has also found the law to be a menace, with European Community intervention becoming necessary to bring the sport into accordance with EC Treaty Article 39, concerning the free movement of workers. Beforehand, all clubs had quotas on how many foreign nationals could play for the club at any one time, a rule which gave Leeds United a lifeline in the European Cup after their opponents Stuttgart won the match but the result became invalid after it was shown the German side had played too many foreigners. European intervention eventually led to the “Bosman” ruling and for quotas being lifted across Europe.

This in itself meant that clubs could now buy all the best players from around Europe, bringing with it the rise in popularity of the new Premiership. This influx of excitement, at the prospect of some of the worlds best players playing on home turf, led to investment into the sport, making it more commercially viable.

Suddenly, some clubs found themselves with more money than they know what to do with, others are finding that the money they thought they had is simply not there, meaning financial instability and uncertainty on, and off, the pitch. The law has once again had to become involved, regulating the rules by which clubs go through administration and then the inevitable liquidation. Leeds United have felt the effect, but have just about survived, Gretna appear to be not so lucky. How Rangers will fair is an increasing topic of conversation…

However, the latest chapter in the law/sport saga has now materialised with the result of the Keegan and Curbishley cases. Alan Curbishley has won his case last Tuesday against West Ham United for constructive dismissal, after West Ham United were believed to have committed a fundamental breach of Curbishley’s employment contract.

West Ham’s chairman reportedly sold two key players, Anton Ferdinand and George McCarthney, to Premier League outfit Sunderland, without the consent of Curbishley, who was the West Ham manager at the time. Despite the fact that Curbishley has a clause in his contract stating that he would be the one who had the final say of who was brought into, and sold out of, the football club. Keegan also faced similar problems with Newcastle and received £2million in damages from the northern side.

So, the law is increasingly part of sport nowadays. It has provided us with the opportunity to watch the best players in the world, whilst also allowing us to watch the demise of some of the biggest clubs in Britain. Whether its intrusive nature is healthy some may claim is debatable, but however you look at it, it still has put Marlon King behind bars…