Premier League v Leicester City FC appeal: What is the right approach to interpreting sports rules?
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.
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: Dispute Resolution | Financial Regulations | Football | Governance | Premier League Handbookl | Premier League Profit & Sustainability Rules | Regulation | United Kingdom (UK)
Related Articles
- Leicester City's legal challenge: Unpacking the EFL and Premier League allegations
- Manchester City's legal action & the Premier League’s regulations on Associated Party Transactions
- ‘Golden Mitigation’ in football: Lessons from the Nottingham Forest's Profitability & Sustainability Regulations Appeal decision
- Guidance on PSR Rules from Premier League’s Independent Commission in Leicester City’s case
Written by
Nick De Marco KC
Nick De Marco KC is ranked as one of the top lawyers in sports law. He acts for international and domestic sports-governing bodies, federations, players, clubs, sponsors, broadcasters and agents across all sports in both commercial and regulatory disputes.
He is recognised as the foremost expert in football regulatory issues by all the leading UK legal directories. In addition to acting in numerous high-profile football disputes, he has a busy practice in many other international sports including boxing, motorsports, tennis, gymnastics, cricket, rugby and athletics.
He regularly lectures and writes on sports law, is author and editor of ‘Football and the Law’ (Bloomsbury 2018 & 2022) and ‘Challenging Sports Governing Bodies’ (Bloomsbury, 2016), contributor to ‘Lewis & Taylor: Sport and the Law’ (Bloomsbury, 2021) member of the Editorial Board of Law In Sport & Football Legal and the Advisory Board of the Middle East Sports Law Platform and host of The Sports Law Podcast.
