UEFA’s Financial Fair Play Regulations: the devil is in the detail

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Follow the money: confiscation of unexplained wealth laws and sport's fixing crisis

The article reviews the approach in differing jurisdictions to forfeiture of "unexplained wealth" through non-criminal proceedings in the civil courts, and analyses a recent decision of the UK Supreme Court in focusing on whether laws on civil forfeiture could be a new weapon in curbing the rise of betting related corruption in professional sport

Willing suspension of disbelief: a study in online learning through simulation, and its potential for deeper learning in Higher Education

This article describes the replacement of a 'traditionally taught' law of probate course (lectures and workshops/tutorials) with an on-line collaborative learning exercise using simulation and role-play which is referred to hereafter as the Transactional Learning Project ('TLP'). The article considers the theory that the emotional engagement that comes about through role play in simulation leads to deeper learning, a process Maharg (2010) has dubbed as the 'integration of the cognitive and the affective'. The article includes statistical analysis of student feedback on the TLP in an attempt to measure how easy it is to carry students predisposed to expect information to be 'given' rather than 'acquired' along the journey leading away from traditional didactic teaching. The project was motivated partly by the dearth of such learning practices on the Legal Practice Course. It is suggested that the findings of the project add to the body of research which tends to illustrate the success in terms of student learning from working in leaderless (i.e. where the tutor is absent from the collaborative group) groups engaged in practical tasks involving simulation

British football club insolvency: regulatory reform inevitable?

The article documents the high incidence of insolvencies occurring in recent years among professional British football clubs which has led to a select committee of the House of Commons to call for a change in insolvency law to make illegal the so-called “football creditors rule”. The rule has been cited as a major cause of financial mismanagement (and the high level of insolvencies) in professional English football. The article considers the 2012 High Court decision in HMRC v The Football League which represented an unsuccessful attempt by Her Majesty’s Revenue and Customs to obtain a declaration from the High Court that the football creditors rule contravenes the basic principles of insolvency law, the pari passu rule and the anti-deprivation principle which are described in detail. The article also analyses the governance of English football and considers whether self-regulation should give way to legislation to prevent the insolvency malaise that afflicts the professional game in England. The article concludes by assessing whether the Financial Fair Play rules introduced in 2012, which may mitigate the harmful effects of the Football Creditors Rule, are a long-term solution to the indebtedness of top flight professional football clubs

The Council of Europe Convention on Manipulation of Sports Competitions: the best bet for the global fight against match-fixing?

The paper commences by looking at why there is a need for a new international treaty on match-fixing; the first part of the paper considers what is meant by ‘manipulation of sports competitions’, and the second part considers the recent growth of this phenomenon and its links with organised crime. The third part considers how the Convention came about and what its major provisions are, and also considers the tension between some of the fundamentals of European Union law (specifically the freedoms of movement and provision of services) and the Convention. The fourth part considers to what extent the creation of a sport-specific criminal match-fixing law would enhance the fight against corruption, concluding that it would make little difference. The fifth, sixth and seventh parts analyse what form the “dialogue and cooperation [between the stakeholders] at national and international levels” takes under the Convention, and considers to what extent the present relationship between these stakeholders, respectively, betting operators, sports governing bodies and national regulators, would change. The discussion at Parts IV–VII also considers to what extent the Convention impacts on the traditional relationship between the state and private sports bodies, the so-called ‘sporting autonomy’. The concluding section will summarise the strengths and weaknesses of the Convention, will consider its likely impact upon match-fixing, and consider its relationship with lex sportiva

Gambling related match-fixing: a terminal threat to the integrity of sport?

This sports law paper looks at betting related match-fixing and its variant spot-fixing. Proposals to curb fixing are discussed as are recent laws and moves at self regulation in the gambling industry. Particular focus is made of cricket and the law of the UK in the light of the jail sentences handed down to three pakistan cricketers in 2011 and an English first class player in 2012; other sports are also discussed as are European initiatives to fight fixing