Cases

Mullins v Macfarlane & The Jockey Club

Comment

This is the second time the Claimant has failed to pursuade the High Court that the result of this race was unfair. Whilst the court's preliminary view on jurisdiction would expand the circumstances in which the court might be prepared to entertain such a complaint from the established classes of cases, its ultimate decision is consistent with the reluctance of the High Court to interfere with the decision of a sporting body about the results of a competition. In coming to its view that the higher reporting level should not be applied retrospectively the court drew a distinction between the general or criminal law and the rules of sporting competitions. The court re-affirmed that it is not arbitrary to disqualify a blameless competitor found to have ingested a prohibited substance, even if the amount ingested could not have affected performance, if the rules of the game so require or permit.

Areas of work

Administrative Law
Professional Discipline
Sports Law

Also