Top 5 Football Scandals

 Welcome back to our sports law blog. There has been plenty of controversies involving football, and for a sport attracting plenty of attention and generating plenty of money, it is likely to have its fair share of controversies as well.

Although, most footballers do have excellent virtues and can be a role model on and off the pitch, there are many who are involved in affairs and the like, and when they do get caught, it is devastating for the footballer and those around them.

There have been many scandals in world football ranging from match-fixing to drugs, and many footballers have been in the spotlight for the wrong reasons. This is a list of the top 5 of these scandals, brought to you by the Chris Farnell lawyer blog. 

1. The Calciopoli Scandal 

Calciopoli Scandal in 2006 rocked world football when it emerged that many top clubs in Italy had been involved in influencing the appointment of referees for their games among various other allegations.

Juventus who had won the 2005 and 2006 league were stripped of their titles and were relegated to Serie B where they stayed for one season before returning to top flight immediately. Though Juventus were punished seriously for their involvement, AC Milan and some other clubs could consider themselves fortunate not to endure such serious consequences.

It had a major impact on Italian and world football, and since then, extra precautions have been enforced in football in this regard. Juventus have since not won a single league title and have not been the same force in the last few seasons though under the diligent Antonio Conte, they have shown that they can be serious contenders for the title this season.

2. John Terry's Affair with Wayne Bridge's Wife 

Manchester City defender Wayne Bridge was devastated after it emerged that John Terry could be involved in an affair with his wife Vanessa Perroncel. Bridge and Terry have played together for both Chelsea and England in the past and were considered to be good friends before this incident. It is no surprise that Bridge reacted in this manner and even refused to play for England if he is to play alongside Terry.

In the games against Chelsea that he has taken part since details of the alleged affair emerged, he has refused to shake hands with Terry. The Chelsea defender also had a tough time following the affair, considering that he was stripped of his captaincy before the world cup by Fabio Capello and had to endure plenty of criticism.

3. Robert Hoyzer's Fixing Scandal

German referee Robert Hoyzer was under the scanner after the German football federation suspected him of rigging a Cup game involving Hamburg. He had initially denied the charge but later accepted that he was to be blamed and promised to cooperate completely for the investigation. In the game between Hamburg and Paderborn that was investigated by the DFB, he awarded two penalties against Hamburg and also sent off a Hamburg game.

4. Adrian Mutu Drug Scandal 

Adrian Mutu was signed by Chelsea FC in August 2003 from Parma for big money and then, just over a year of his stay at Stamford Bridge, he was embroiled in plenty of controversy when he was sacked after he was found using cocaine.

This led to his suspension, and he was subsequently moved on by the club. Mutu was ordered to pay a bill in excess of £14.6 million after he was moved on under forced circumstances by the Blues. 

5. The Murder of Andres Escobar

Colombian defender Andres Escobar was murdered in July 1994 just after the team was eliminated from the World Cup due to his own goal, and it is widely believed that it was why he was killed.

It could be some drug traffickers who lost money betting on the team that they targeted the respectable defender. In the above video, it is quite clear that it was an unfortunate error which could happen at times even to the best defenders of the game, and it is a tragedy that he was murdered.

To read more football news and sports law updates, check back soon our blog. You can also read the Chris Farnell lawyer blog here. 

What is sports law?

Welcome to the Chris Farnell sports law blog. Sports law requires an in-depth familiarity with the leading figures in sports, great knowledge of sport laws and regulations, knowledge of sport institutions and legal proceedings within various legal frameworks. Sports law has a global potential and has been regarded as a gold-mine and untapped market, especially in developing regions. 

Recent news

 Manny Pacquiao may have a difficult time fighting again in the United States if he decides to come back from retirement even for just one bout. The 43-year-old eight-division world champion is still dealing with some legal issues with Paradigm Sports Management at the Superior Court of California.

And while there’s buzz that a Pacquiao comeback is imminent this year according to MP Promotions head Gibbons, a source privy to the situation thinks otherwise. The case filed by PSM – a sports management agency that handles UFC star McGregor – stems from its allegations that Pacquiao breached an earlier agreement with them regarding a fight with welterweight contender Garcia.

But the source denied Gibbons’ claims, saying the situation is similar to what happened the last time when they failed to sign Mayweather for a rematch after the Keith Thurman fight in 2019. They said this was stipulated in the contract Pacquiao signed with promoter Premier Boxing Champions in 2018. They added the only way Pacquiao would be able to fight again in the US is to settle his case with PSM, show remorse and apologize for turning back on his obligations. Find out more about Chris Farnell here. 

£20M Negligence Suit for Breach of Duty

Welcome to the Chris Farnell football news and sports law news blog. London firm Mishcon de Reya has admitted breach of duty by failing to file a hard copy of an appeal bundle in time on behalf of a former Premier League football club, the High Court heard today. The claim centres on the signing of midfielder Ricardo Alvarez.

The firm accepts it failed to file Sunderland AFC’s appeal bundle in hard copy with the Court of Arbitration for Sport (CAS) in time during a long-running dispute over the signing of an injury-prone player, but denies that the breach caused any loss to the club.

Sunderland’s professional negligence claim, which the court heard is valued at around £20m but is understood to now be for a smaller sum, centres on the signing of Argentinian midfielder Ricardo Alvarez from Italian giants Inter Milan in 2014.

Under the deal, the player joined the then-Premier League club on loan and would be signed permanently if a pre-existing injury to his left knee did not get any worse. Sunderland says that, after a number of injuries, Alvarez saw a specialist who recommended surgery on his right knee for which Inter Milan would not give permission – so the club terminated the transfer and the player’s contract.

Inter Milan brought proceedings against Sunderland in a case that ultimately went to CAS, which ordered Sunderland to pay Inter Milan €10.5m (£8.8m) plus costs.

Separately, Alvarez successfully brought a claim against Sunderland for wrongful termination of his contract, with the dispute resolution chamber of football’s governing body FIFA ordering the club to pay £4.2m plus interest.

The club appealed to CAS and Mishcon filed an electronic copy of Sunderland’s appeal brief in time, but failed to file a hard copy before the deadline. CAS dismissed Sunderland’s appeal and, on Alvarez’s cross-appeal, ordered the club to pay its former player £4.77m plus interest of £1.1m. Sunderland claims that, as a result of Mishcon’s breach of duty, it lost the chance to challenge FIFA’s jurisdiction and lost the opportunity to argue that Alvarez lied about his knee injury.

However, Mishcon argues that ‘it is inevitable that CAS would have dismissed Sunderland’s appeal’ in any event. CAS rejected Sunderland’s assertion that Alvarez made any fraudulent misrepresentations ‘in unequivocal terms’ on the player’s cross-appeal, Mishcon’s barrister Daniel Saoul QC told the court. Chris Farnell is a sports lawyer from IPS Law. In this blog we follow the latest news and views from the world of sports law. Find out more about Chris Farnell Charlton here. Follow Chris Farnell on Facebook here.

Five substitutions in football

Welcome to the Chris Farnell news blog. Legal changes affecting the game happen all the time, however sometimes they are more important than others. Here we will discussed the recent changes brought in to the beautiful game. Football law makers have recommended five substitutions are implemented permanently in the sport. Find out more here. 

The rule was first introduced by the International Football Association Board (Ifab),in May 2020 - a month before football restarted after being paused because of the Covid-19 pandemic. The Premier League voted against its continuation in the 2020-21 season.

Individual football leagues and competitions will be able to decide whether or not to take on the new rules. The decision by them follows a meeting chaired by Fifa on Wednesday, involving Ifab's Football and Technical Advisory Panels. This is an interesting development. 

The Ifab commented: 

"FAP-TAP today recommended that competitions should be able to decide on increasing the number of substitutes according to the needs of their football environment, while the current number of substitution opportunities should stay the same."

The law makers said it follows "a number of requests from confederations, associations, leagues and other key stakeholders for this option to be introduced permanently". Many Premier League sides are believed to have felt having five subs would unfairly benefit major clubs with stronger squads.

However, some leading managers, including Liverpool's Jurgen Klopp and Manchester City's Pep Guardiola, have previously said the limit on changes has contributed to injury problems. As a sports lawyer, this is something to monitor closely. 

Chris Farnell advises leading Premier League and Football League Clubs, leading sporting and media agents and a number of high profile sporting individuals on a wide variety of matters. To find out more about Chris Farnell from IPS Law online. You can also follow him on the Chris Farnell Facebook page.

 Key legal issues in Football - player transfers

Welcome to the Chris Farnell lawyer blog. Here we will discuss some of the key legal issues that have to be taken into account when players transfer between clubs. The football transfer market is, by its very nature, rife with speculation, and often the general public is left in the dark about the finer legal considerations that help shape the deals. Sports lawyers have the aim of giving their clients the best deal. These are the three points they take into consideration when doing just that. 

Image rights provisions tend to form an increasingly crucial part of high profile football deals, given the importance of generating commercial off field revenue. In the case of high profile players with a genuine commercial value in their image, a separate image rights deal tends to be entered into between the club and the company to which the player’s image has been assigned. This is an important consideration to make when negotiating a transfer.

A players image is crucial to negotiating transfers. Some clubs elect to ring fence certain product and service categories where the player has a pre-existing deal and accept that they will not seek to exploit the player's image in a club context in conjunction with their sponsors who compete with the player's own sponsors; other clubs will still look to exploit the player's image in a club context in conjunction with competitor brands within the parameters of the existing player deal.  Advisors should be very clear in their strategic planning of personal endorsement deals and upon signing for a new club, should be mindful of the likely conflicts or opportunities that club’s sponsors may present to the player personally and for their clubs.

Grounds for termination or reduction in fees of the player is important to work out form the beginning. Clubs want to protect themselves, but the players deserve protecting also. A player or sport has been brought into disrepute will result in the commercial value of the player’s image being diminished. Players’ advisers will inevitably look to tighten the wording of these provisions as much as possible being clear about what constitutes a breach in specific terms. It is important to get this clear from the get-go in order to not avoid problems later on for the player or the club.

Tax indemnities are another area where clubs’ positions vary a lot. Having the right lawyer clear this up for a player or club is important. Some clubs seek an indemnity from the player in the event of HMRC determining that further taxes are due whereas other clubs may agree to share the financial liability in the event that further taxes and National Insurance payments. In the context of a transfer, the commercial and tax position often turns on the player’s bargaining strength and how much the club require his on field services this will often dictate how far the club is prepared to ‘bend’ when negotiating the image rights contract. Ensuring that the deal is right for everyone involved is essential.

Release clauses can operate in different ways. For example, Benteke’s release clause of £32.5m appears to be realistic estimate of his open market value. Read our blog for more important legal considerations coming soon. Find out more about Chris Farnell lawyer online here. Read the latest Chris Farnell lawyer news in the Mirror here.