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8 10 October 2010


News:

  • Contador case highlights need to set Clenbuterol thresholds
  • It is "common sense" for the World Anti-Doping Agency (WADA) to set a threshold for Clenbuterol following cyclist Alberto Contador's 'adverse analytical finding' for the prohibited substance, according to Douwe de Boer, a Dutch doping scientist hired by Contador to study his 21 July test.

  • Olympic boroughs investigate legal action against changed Marathon Route
  • Three of London's Olympic boroughs are investigating legal action against the London Organising Committee for the Olympic Games (LOCOG) after it dropped plans to end the London 2012 Marathon in East London, favouring a central London finish.

  • ECB & PCA agree England contracts
  • The England and Wales Cricket Board (ECB) have agreed a mechanism for central England contracts with the Professional Cricketers Association (PCA) that allows adjustments for unexpected income and future Indian Premier League (IPL) seasons.

    Features:

  • Comment: The Horseracing Levy: An unwelcome present
  • Horseracing bodies and gambling industry representatives have recently clashed over the future of the Horseracing Levy, which imposes a tax on bookmakers in order to fund the UK horseracing industry. Andrew Lyman, Head of Public Affairs at bookmaker William Hill Plc, comments on why a clash of ideologies between bookmakers and the racing industry over the future of the Levy has recently come to a head.

  • Doping: Equine supplement: 'No Fault and No Negligence' finding
  • In September 2009, endurance horse rider Christian Yeoman was banned from competing and fined when a routine urine sample of her horse revealed traces of a banned substance. A year later, her legal team at Burges Salmon LLP secured her an extremely rare ruling of 'No Fault and No Negligence' at her tribunal, clearing her name and removing all sanctions and fines, after proving the rider had done everything she possibly could to avoid coming into contact with the substance, which was ingested through contaminated feed. Jeremy Dickerson, James Pheasant and Georgina Shaw from Burges Salmon LLP explain the details and significance that this case could have not only for equestrian athletes, but for other athletes in similar circumstances, such as Alberto Contador.

  • Privacy: Super-injunctions: use for protection of privacy
  • Sports stars are increasingly becoming aware that a so-called 'super-injunction' can not only be used in the UK to prevent damaging revelations concerning their privacy being published by the press, but also to prevent publication of the fact that such an injunction exists. Rodger Burnett and Adam Smith, of Baker & McKenzie's dispute resolution team, explain the process involved in obtaining a super-injunction. They examine the Trafigura case - which proves that a super-injunction does not always work in preventing damaging revelations - and the John Terry case, explaining the reasons that a super-injunction was refused.

  • Broadcasting: A Dutch solution to Premier League TV issues: part 2
  • The 'exclusive' broadcast model favoured by the English Premier League is currently facing a number of challenges from regulators, who are concerned about the restrictions it places on competition. In this second instalment of a two-part article, Tom Evens, Daniel Geey, Katrien Lefever and Ben Van Rompuy explain how court cases involving the use of decoders to view foreign broadcasts of English Premier League football could open the football broadcasting market to Europe-wide competition. They explain how this could ruin the territory-based sport broadcast sales model, and explain how the Dutch Eredivisie's approach could offer a viable alternative.

  • Insolvency / Tax: Football insolvency and the 'football creditors' rule
  • Portsmouth's financial difficulties last season held some important lessons for football clubs entering a Corporate Voluntary Arrangement (CVA) with creditors in order to avoid insolvency. Trevor Watkins, Head of Sport at Clarke Willmott and recognised for his role in leading AFC Bournemouth out of receivership, analyses how the Portsmouth situation evolved, Her Majesty's Revenue & Customs (HMRC) opposition to the club's CVA and to the preferential treatment the 'football creditors' rule offers to creditors within football over ordinary creditors. He also explains why some CVAs are acceptable to HMRC while others are not, and explains why the Portsmouth saga may not yet be over.

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