by Mills & Reeve

publications

Our sports lawyers work on landmark cases and record-breaking deals at the cutting edge of sports law. As a result, we are often asked to contribute legal insights and analysis to several industry publications.

 

Below, you can find recent articles written by members of our team, categorised by topic.

Court of Arbitration for Sport

Latest amendments to the CAS Code: What you need to know

Mark Hovell and Jake Cohen discuss what you need to know about the latest amendments to the CAS Code. For those lawyers actively engaged at the CAS, recognising and understanding the amendments are fundamental to best practices and effective advocacy on behalf of a client.

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The importance of meeting deadlines when appealing to the CAS: Eboue v. FIFA

Mark Hovell discusses Emmanuel Eboue v FIFA, one of the most important CAS cases of 2015. Specifically, Mark focuses on the CAS' strict deadlines and the interesting, albeit to date unsuccessful ways, parties have attempted to appeal against decisions after missing deadlines.

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Immigration/work permits

The FA’s new work permit system & proposal for new “home grown” rules

Carol Couse and Tiran Gunawardena discuss the FA’s work permit system and the proposed amendment for home grown player rules.

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Delayed Entry: the FA’s “highest calibre” standard for non-EU footballers

Jake Cohen discusses the work permit issues for young non-EU footballers seeking to play in England. 

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Are Home Grown Player Rules Discriminatory? 

Carol Couse and Tiran Gunawardena consider work permit and home grown player rules in the context of EU anti-discrimination law.

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Regulatory issues

 A possible shake-up in the classification of Scholars

Carol Couse and Tiran Gunawardena discuss how a recent CAS award may have paved the way for clubs to challenge the current classification of Scholars in the context of training compensation with consequences that may be of particular importance for clubs around the world.

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New Edition of the FIFA Regulations on the Status and Transfer of Players

Carol Couse discusses below the most significant updates to the new edition of the RSTP which came into force on 1 March 2015, relating to overdue payables, the transfer of minors and the division of jurisdiction between FIFA’s Dispute Resolution Chamber (DRC) and National Dispute Resolution Chambers (NDRC).

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How effective is FIFA's concussion protocol?

Jake Cohen highlights FIFA’s shortcomings with regards to implementing appropriate concussion protocols.

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World in Review - England

Jake Cohen provides an overview of regulatory developments in English football for the November 2016 edition of Football Legal. He discusses the end of emergency loans, increased transparency from The FA on intermediary involvement, and changes to the youth competitions.

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Football transfers

A guide to the key legal issues in the football transfer window

Jake Cohen interviews a number of lawyer and agent colleagues, including Carol Couse, about topical legal issues in football transfers.

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The Hidden Cost of a Soccer Star

Jake Cohen explains how football clubs calculate player costs when buying and selling players for the Wall Street Journal.

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Employment

Gutierrez v Newcastle Utd disability discrimination case: the wider implications for sport

Carol Couse discusses the landmark employment law decision in which Mills & Reeve represented former Newcastle and Argentina footballer, Jonas Gutierrez in his successful disability discrimination claim against Newcastle United.

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What businesses can learn from Jonas Gutierrez

Richard Santy frames the Jonas Gutierrez case in the context of lessons employers can take away from this case in order to best prevent running afoul of the Equality Act 2010.

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Brexit

The potential impact of Brexit on European football

Carol Couse and Jake Cohen discuss how the UK’s exit from the EU could have widespread implications for both English football and European club football at large.

> Download briefing (pdf) 

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The potential effects of Brexit on football stakeholders

Carol Couse and Jake Cohen write a detailed article for Football Legal on the potential effects of Brexit for a number of different stakeholders.

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Doping

The 2015 World Anti-Doping Code: Key Changes and Implications

Phil Hutchinson discusses the key changes and implications that were introduced in the new World Anti-Doping Code.

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Our team takes a look at two recent cases regarding social drugs use by sportspersons and the potential effect of the proposed amendments to the WADA Code.

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Our team looks at Article 10.4 of the 2009 WADA Code which provides that in certain circumstances the period of a suspension can be eliminated or reduced for “specified substances”.

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The effects of providing substantial assistance in doping investigations: A review of the Bernice Wilson case

Mark Hovell discusses the Bernice Wilson case, which serves as a useful case study for the mitigating effects assisting in another investigation can have on an athlete's own sanction for an anti-doping rule violation (ARDV).

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Financial Fair Play

UEFA’s Financial Fair Play Regulations: Saving Football from Itself?

Mark Hovell and Tiran Gunawardena discuss how UEFA’s new Financial Fair Play Regulations may save Football from overspending.

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All parties accept responsibility to fight insolvency

Mark Hovell discusses the rationale behind Financial Fair Play. Clubs are advised to spend approximately 60 per cent of their own revenues on player salaries and addresses whether this is completed with in reality.

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Financial Fair Play is helping to cure European football’s budgetary incontinence – and this means more work for lawyers

Mark Hovell’s views on Financial Fair Play and how it is performing.

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The players in the game of football insolvency

Mark Hovell looks at the issues facing the Players when clubs go into administration.

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Defamation

Hard won sponsors can evaporate in a media storm

Rachael Somerset warns that pictures and stories from nights out can result in legal action from sponsors and limits future earning potential.

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Why Twitter advice given to England rugby stars should be taken by us all

Rachael Somerset offers practical advice for athletes and sporting professionals who actively use social media.

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Concussions

 An overview of concussion protocols across professional sports leagues

Jake Cohen looks at key regulatory and educational approaches taken by Premiership Rugby, Premier League, NFL, NHL, MLB and NBA to tackle the risk of concussion in their sport.

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The reality of "Life after Sport"

Mark Hovell discusses the main issues facing professional athletes once they make their transition out of their playing careers.

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Foreign-language publications

Third Party Ownership

Carol Couse explores the phenomenon of third party ownership in football (Spanish).

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Employment issues in football

Carol Couse gives an overview of employment law consideration in football (Portuguese).

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Football finances

Jake Cohen provides an overview of the financial landscape of English football (French). 

> Read more