Will The “Fit And Proper Custodians” Test Improve English Football?
On 23 February 2023, the Government published its white paper on “A sustainable future – reforming club football governance” (White Paper).1 The White Paper sets out the government’s comprehensive plan to introduce an independent regulator for professional clubs in the English football pyramid (IREF). It has been described as the biggest change in football for decades.
The White Paper follows the Fan-Led Review of Football Governance (the Crouch Review)2 and its primary strategic purpose is to ensure that English football is sustainable and resilient, for the benefit of fans and local communities (for more information, please see this article3).
The failed attempt4 to form the European Super League, the winding up5 of historical clubs like Bury and the countless other clubs that have come close to liquidation due to mismanagement are listed in the White Paper as examples of why significant change is needed in how football is governed.
This article examines the White Paper’s proposals regarding the enhanced fit and proper custodians’ test:
For a broader analysis of the White Paper as a whole, the authors highly recommend Nick De Marco KC’s comprehensive article.6
To continue reading or watching login or register here
Already a member? Sign in
Get access to all of the expert analysis and commentary at LawInSport including articles, webinars, conference videos and podcast transcripts. Find out more here.
- Tags: Commercial | EFL | Fan-Led Review of Football Governance | Football | Governance | Premier League | Regulation | The FA | UK
Related Articles
- Bury Beware: lessons on the importance of good governance from Bury F.C.’s football league expulsion
- Doomed to Fail? An Analysis Of European Super League And The Complex Web Of Football Governance, Regulations & Laws
- An Overview Of The Fan-Led Review Of Football Governance
- Legal experts’ opinions on the Fan Led Review of Football Governance
Written by
Ted Powell
Commercial Disputes Solicitor
Ted is a commercial litigation trainee solicitor at Irwin Mitchell
Thomas Barnard
Tom is a Senior Associate Solicitor specialising in commercial litigation and sports law. He acts for a wide variety of high-profile athletes, including cricketers, footballers, gymnasts and cyclists.
Samuel Cuthbert
Samuel is a Barrister practising from chambers at 4 New Square Chambers. Samuel is described by Legal 500 as “a real star of the future” in sports law. Samuel regularly acts on behalf of athletes, clubs, and national governing bodies. Samuel is instructed in CAS proceedings, rule K arbitrations, and sporting appeals. Notably Samuel has appeared in front of FA Appeal Boards, and FIBA Appeal Boards. He is currently instructed in several ongoing anti-doping prosecutions, financial regulatory disputes, and a number of high-profile safeguarding matters before arbitral panels and in the High Court. Samuel recently acted in High Court proceedings following the transfer of Emiliano Sala, and was also counsel for the National League in Southend FC’s appeal against the imposition of a £1m bond. Samuel is currently representing an international football player in relation to betting charges. Samuel’s commercial and sports practices frequently overlap and he is often instructed to advise sports clients, including both clubs and players in the premier league, in relation to commercial disputes.
His practice encompasses sports regulation, betting, safeguarding, disciplinary cases, anti-doping cases, and commercial sports matters. Samuel regularly appears in CAS proceedings, rule K arbitrations, and sporting appeals. Samuel is also instructed in sports related inquests, and is also experienced in litigating head injuries in sport. Samuel is currently instructed in High Court proceedings on behalf of a major football club in a multi million pound dispute with its key sponsor, and has previously acted in arbitrations born out of similar facts. He recently appeared before the International Basketball Federation (FIBA) Appeal Board in a matter for which the underlying claim was worth £5,000,000.
