The curious case of Wigan Athletic and the English Football League’s owners & directors test
On 1 July 2020 Wigan Athletic Football Club (Wigan) went into administration. It is a sorry fall from grace for a Club that was not long ago punching well above its weight in the Premier League and winning the FA Cup in 2013. Albeit their players are seemingly avoiding the off-field distractions as highlighted by their recent 8-0 win over Hull City.[1]
Since going into administration there have been some high profile comments, not least from Lisa Nandy (the MP for Wigan) (LN) who called it a “major global scandal” and has called for a full inquiry.[2] It is still very early days in the fall out from this incident but, there are some clear areas for concern.[3] As well as the comments raised by LN above, there is the issue of how Wigan went from being purchased to filing for administration in less than a month. It clearly raises questions surrounding the ‘Owners’ and Directors’ Test’ (the Test) which can be found at Appendix 3 of the English Football League (EFL) Regulations (see here).[4]
This article highlights some of the key aspects of that, before raising some preliminary points that may well need to be addressed in the coming months as more information becomes available. Specifically, it looks at:
- Background
- The EFL Owners’ and Directors’ Test
- Is the Test still fit for purpose?
- Conclusion
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- Tags: Anti-Corruption | English Football League (EFL) | English Football League (EFL) Regulations | Football | Integrity | Owners & Directors Test | Regulation
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Written by
Wayne Barnes
Wayne Barnes is a partner in Squire Patton Boggs' Government Investigations & White Collar Practice, based in the London office. He is an experienced criminal barrister and trial advocate with more than two decades of experience conducting complex, internal and corporate investigations across multiple jurisdictions.
Edmund Gross
Ed practices from 5 Essex Chambers. Recently he has developed a growing Public Law practice which includes being instructed for the Home Office in the Undercover Policing Inquiry. Additionally, he is instructed in several matters that raise national security issues. In 2023 he was appointed to the Attorney General’s C Panel of Civil Counsel.
In terms of Sports work, Ed was appointed to the Football Association’s National Serious Case Panel in July 2023. Furthermore, he has been sitting on MCC Disciplinary Panels for several years. In July 2024 he was appointed as a Sports Resolutions Pro Bono Service Member
Ed has been instructed in a wide range of regulatory and disciplinary matters by the Rugby Football Union which includes issues relating to anti-doping.
Ed was instructed as part of a barrister and solicitor team by a national sport’s governing body who are exploring the implementation of a new governance structure.
