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Premier League v Leicester City FC appeal: What is the right approach to interpreting sports rules?

Image Source: Stadium: Photo/Map: Arne Müseler/arne-mueseler.com/CC-BY-SA-3.0 (https://creativecommons.org/licenses/by-sa/3.0/de/deed.de)
Stadium: Photo/Map: Arne Müseler/arne-mueseler.com/CC-BY-SA-3.0 (https://creativecommons.org/licenses/by-sa/3.0/de/deed.de)
Thursday, 05 September 2024 Author: Nick De Marco KC

On 30 August 2024 an independent Premier League (“PL”) Appeal Board allowed Leicester City FC’s (“LCFC”) appeal, finding that the Club did not breach Rule E.49 of the PL’ s Profit & Sustainability Rules (“PSRs”), and so there was no jurisdiction to pursue the complaint against the Club [60]. Their written reasons can be read here[1].

“In the judgment of the Appeal Board, a Club should be able to determine its conduct and liabilities from the words of the Rules, and unless they are truly ambiguous or nonsensical should not have to consider the unwritten intentions of the PL and the other Clubs.”

This short yet lucid paragraph [46] of the Appeal Board’s finding sums up not only the reason for their finding in the appeal in hand but a key issue concerning the interpretation of a sports governing body’s rules.

The author represented LCFC in the appeal, and in the LCFC v EFL CFRU case. Any views expressed in this article are his own, and do not necessarily represent those of his clients or his chambers.

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Written by

Nick De Marco

Nick De Marco KC

Nick is rated a leading silk in Sports Law and is a member of Blackstone Chambers.

He has advised and acted for a number of sports governing bodies, athletes, most Premier League football clubs and many world-class football players in commercial and regulatory disputes.

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