Gang Of Four Likely To Fail In Court Challenge - 11/05/2007

Sports lawyers think that the 'Gang of Four' relegation threatened clubs are likely to fail in any court action against the Premiership for its failure to deduct points from West Ham for breaking regulations over the registration of Carlos Tévez. The Premiership is not in law a public body which means that it is not susceptible to a judicial review challenge. Like other sports regulatory bodies such as the Jockey Club its decisions cannot be challenged as unreasonable or outside its powers. The only legal remedy would be for breach of contract as the Premiership has contracts with the clubs. Contracts in this area can imply terms which are similar to the duties of a public body - a duty to act fairly, reasonably and proportionately. However, the decision to fine West Ham was taken by an independent panel after proper processes. Rather than overturn the decision because it was unpopular, the courts generally allow broad discretion to quasi-judicial bodies acting independently and forming a view.

In any case it is far from clear that the four clubs have any legal standing in the matter that would enable them to bring an action. If they surmounted that hurdle, they could go the FA arbitration procedure which was used by the owners of Wimbledon when they were refused permission to relocate to Milton Keynes. However, again the arbitration panel would have to consider whether the decision of the independent panel was erratic or unreasonable which seems unlikely. In addition, the Premiership can suspend any club that takes legal action against it which seems to have brought about a softening of Wigan's position. In any case, results at the weekend may resolve the matter on the pitch.