Lessons from Pogba v. NADO Italia: Intent, Fault and Supplement Risk in Anti-Doping Cases
The recent Court of Arbitration for Sport (CAS) award in Paul Pogba v. NADO Italia[1] offers a compelling case study of how the strict liability regime under the World Anti-Doping Code (WADC) and its Italian implementation (the ADSC) interacts with human error, medical advice, and the doctrine of “no significant fault or negligence.” At its heart, the decision reinforces that even elite athletes cannot evade responsibility for prohibited substances in their bodies, while nevertheless leaving room for sanction mitigation in sympathetic circumstances.
Article Outline:
- Factual Background & Procedural Journey
- Legal Framework: Intent, Fault, and Sanction Reduction
- CAS Panel’s Analysis
- Outcome & Significance
- Practical Lessons & Advice
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- Tags: Anti-Doping | Contamination | Football | Italy | WADA | Wada Code
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Written by
Dr David Sharpe KC
Dr David Sharpe KC is a barrister at 12KBW Chambers and specialises in clinical negligence, professional negligence, serious personal injury, construction, sport, inquests & inquiries and property law. David practices within all areas of England & Wales and works for claimants and defendants.
