Why Sport and the Law Now Overlap
Sports law covers the laws, regulations and judicial decisions governing sport and its athletes. Law and sport were historically separate, but this has changed due to a rise in deviant acts in sport, and rising professionalism and commercialisation forcing sport to adhere to legal standards. Four groups are relevant: performers, officials, coaches and spectators.
Legislation and the Performer: Injury and Loss of Earnings
Injuries are usually accepted as an expected side-effect of sport, but a deliberate act to injure another can be illegal.
- A civil claim can be brought for injury and/or loss of earnings; damages require proof of actual injury from an opponent's deliberate, harmful or reckless actions
- The critical test is whether the act fell outside the playing culture of the sport – e.g. a foul may be acceptable in football, but a stamp or punch would not be
- Most player-violence issues are handled internally by NGBs, but some lead to prosecution, e.g. Duncan Ferguson (1995, Scotland) and James Cotterill (2006, England) – Matt Holmes is the standard example of a footballer successfully claiming damages for a career-ending tackle
Legislation and the Performer: Contracts
Performers are employees entitled to standard employment rights.
- The Bosman Ruling (1995) gave EU footballers the right to move freely to another club at the end of their contract, without a transfer fee
- Restraint of trade means action interfering with free competition, e.g. Wayne Rooney's dispute with Proactive Sports Management, where the Court of Appeal held his contract signed aged 17 was unenforceable
- Remember the reasons performers need legal assistance via SOCCER: Spectators attacking players; Opponents being too violent; Contractual issues with sponsors; Contractual issues with employers; Equality of opportunity issues; Refereeing negligence
Legislation and Officials: Negligence
Negligence is conduct falling below a 'reasonable person standard' that breaches the duty of care and results in foreseeable harm.
- Officials owe participants a duty of care to eliminate dangers so the contest takes place in a safe environment
- Smoldon v Whitworth and Nolan – claim succeeded, as the referee failed to follow guidelines on collapsed scrums
- Allport v Wilbraham – claim failed, as the court preferred the defendant's evidence that the referee had adequately controlled the scrum
Legislation and Coaches: Duty of Care
Duty of care requires a coach to take reasonable measures to keep participants safe – liability arises only where the risk was foreseeable but nothing was done about it.
- Coaches are responsible for health and safety (first aid access, emergency contacts), protection from abuse (emotional and physical), and educating athletes about drugs and supplements
- Demonstrating reasonable care with children includes: up-to-date contact/medical details, appropriate supervision ratios, first aid provision, current DBS clearance, and risk assessments
- Where children are involved, the coach acts in loco parentis – "in the place of a parent"
Legislation and Spectators: Safety and Hooliganism
Spectators risk prosecution under Public Order Acts for pitch invasion or racist chants. The Taylor Report into Hillsborough is the key reference point for tackling hooliganism.
- Measures include all-seater stadia, control of alcohol sales, police-specified kick-off times, increased security and intelligence gathering, and tougher deterrents such as banning orders, fines and imprisonment
Timeline of Crowd Safety Legislation
- Occupiers' Liability Act (1957) – the occupier of a premises owes a common duty of care to visitors
- Safety of Sports Grounds Act (1975) – protects all spectators, covering all grounds in all sports
- Sporting Events (Control of Alcohol etc.) Act (1985) – banned alcohol possession at or travelling to a football match
- Fire Safety and Safety of Place of Sport Act (1987) – requires a fire safety certificate and sets maximum spectator numbers
- Football Spectators Act (1989) – allows banning orders on individuals who have committed offences
- Football Offences Act (1991) – created offences of throwing missiles, racist chanting, and pitch trespass