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Sporting compromise – tips for settling sports disputes

Published on 24 Oct 2019. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner

Some practical tips for sports clubs when settling disputes – with a focus on those issues that regularly arise in a sporting context.

Look what you made me do – avoid inducing a breach of a sporting contract

Published on 12 Sep 2019. By Joshua Charalambous, Partner and Samuel Coppard, Senior Associate

eFootball transfers: Juve and Man U snub FIFA to sign for PES

Published on 07 Aug 2019.

The RPC Sports group round-up football eSports deals: Juventus and Manchester United sign eSports partnerships with Pro Evolution Soccer, whilst Liverpool FC partners with FIFA.

Spurs suffer Champions League defeat to the Advertising Standards Authority

Published on 08 Jul 2019.

Spurs' heartbreak in Madrid was not the only loss they suffered on their Champions League journey this year. A tweet from Spurs announcing their line-up for their knock-out game against Borussia Dortmund featured the gambling operator William Hill, and was ruled to contravene the CAP Code.

Reforms to the FA's Regulations on Working with Intermediaries

Published on 01 Jul 2019. By Joshua Charalambous, Partner

RPC summarise the key changes to the FA's Regulations on Working with Intermediaries (the "Regulations"), and offer practical tips to agencies, clubs and players to manage their impact.

Smoke and mirrors? Big Tobacco slip(stream)s back into Formula One sponsorship deals

Published on 18 Feb 2019.

RPC reports on Philip Morris and British American Tobacco securing major partnerships with Ferrari and McLaren, prompting investigations into their compliance with domestic and international advertising laws.

CMA clamps down on unfair gambling promotions

Published on 01 Feb 2018. By Jeremy Drew, Partner, Head of Commercial

The CMA has spoken: online gambling operators must act now to avoid falling foul of misleading terms and practices. See below for our list of dos and don’ts.

Spurs 2 : 0 HMRC – termination payment not taxable earnings

Published on 20 Dec 2017. By Michelle Sloane, Partner and Adam Craggs, Partner

The Upper Tribunal (UT) has confirmed the decision of the First-tier Tribunal (FTT) that payments made by Spurs in respect of two players on early termination of their contracts were not earnings. They were termination payments and, therefore, were outside the scope of national insurance contributions (NICs).

Swansea City player Bony keeps former agents in play

Published on 14 Sep 2017. By Joshua Charalambous, Partner

In a dispute with his agents over secret commissions, Swansea City striker Wilfried Bony has succeeded in opposing a stay in English Court proceedings, which would have been implemented had the Court found he had agreed to arbitrate. The decision is an important reminder that national courts will have jurisdiction to hear a claim if the parties have not agreed (expressly or impliedly) to resolve the dispute using arbitration.

Edgar Davids wins League of Legends image rights claim

Published on 23 Aug 2017. By Joshua Charalambous, Partner

Dutch football icon Edgar Davids has succeeded in suing Riot Games – makers of the world's biggest video game and eSports phenomenon, League of Legends.

Barton succeeds in reducing betting ban

Published on 04 Aug 2017. By Joshua Charalambous, Partner

Joey Barton has succeeded in reducing the ban imposed on him by the FA Commission following breaches of FA Rules concerning betting – but he's still banned until 1 June 2018

Using VR in sports – virtual insanity or future reality?

Published on 01 Aug 2017.

Stoke City has become the latest Premier League club to announce that it will use virtual reality (VR) technology as a training tool for its goalkeepers.

A shot in the arm for football sponsorship – clubs take advantage of new shirt sleeve regulations

Published on 24 Jul 2017.

As forecasted in our blog post back in April, it wasn't long before other Premier League teams followed Manchester City's lead in announcing major tie-ups for shirt sleeve sponsorship.

Indian sports broadcast network 'bowled out' for breach of a media rights agreement

Published on 18 Jul 2017. By Joshua Charalambous, Partner

This article considers New Zealand Cricket (Incorporation) v Neo Sports Broadcast PVT Ltd in which the High Court exercised its discretion and lifted a stay to allow the claimant, New Zealand Cricket, to successfully obtain summary judgment on a breach of contract claim with elements of bad faith counter-arguments.

Bournemouth bets on shirt sponsorship deal with M88

Published on 05 Jul 2017. By Joshua Charalambous, Partner

AFC Bournemouth announces a two year deal with online gambling company M88, which includes shirt sponsorship and pitch-side branding.

Barton bets big and loses: sanctions, mitigation and next steps

Published on 15 May 2017. By Joshua Charalambous, Partner

What is the appropriate sanction for breaching the prohibition on betting on football matches, and what effect will mitigating factors have on the sanction?

Hacked – IAAF victim of cyber-attack compromising athlete data

Published on 10 Apr 2017.

The International Association of Athletics Federations (IAAF) has been subject to a data breach – allegedly by Russian hacking group Fancy Bears - potentially compromising the sensitive data of a number of athletes.

Sleeve sponsorship – a new trick up the sleeve for Premier League teams

Published on 03 Apr 2017.

The blog provides an insight into the consequences arising from the introduction of sleeve sponsors to the Premier League, with a particular focus on club's existing commercial arrangements and deals that are being negotiated/will be negotiated.

Going for Gold: A New Code for Sports Governance

Published on 30 Jan 2017. By Joshua Charalambous, Partner

Any sports body or organisation that wishes to rely on public funding must now comply with a new Code for Sports Governance, and it requires preparation now.

Chelsea swap Adidas for £900m Nike deal

Published on 28 Oct 2016. By Joshua Charalambous, Partner

Chelsea FC and Nike have agreed the largest kit sponsorship/ supply agreement in the English Premier League worth £900m (£60m per year for 15 years). The announcement comes nearly 6 months after the Chelsea and Adidas kit sponsorship/supply agreement was terminated part way through a 10 year term.

Sponsors drop lying Lochte - the fallout from Rio 2016

Published on 24 Aug 2016. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner

Importance of anti-embarrassment clauses highlighted by US Olympic swimmer Ryan Lochte being dropped by sponsors, including Speedo and Ralph Lauren.

China’s richest man strikes deal to host new global football tournament

Published on 21 Jul 2016. By Joshua Charalambous, Partner

Earlier this month, it was reported that the Dalian Wanda Group planned to create a European club tournament to rival the UEFA Champions League.

Penalty saved by CAS with a little help from English Courts

Published on 06 Jun 2016. By Joshua Charalambous, Partner

World eSports Association formed

Published on 26 May 2016. By Joshua Charalambous, Partner

A new governing association was formed this month by the Electronic Sports League (“ESL”) and a number of eSports teams.

Court considers requirements for a condition precedent to litigation in Local Authority application

Published on 26 Apr 2024. By Zack Gould-Wilson, Senior Associate and Alexandra Anderson, Partner and Cat Zakarias-Welch, Knowledge Lawyer

In Lancashire Schools SPC Phase 2 Ltd v Lendlease Construction (Europe) Ltd [2024] EWHC 37 (TCC) a local authority failed in its application to have the claim against it stayed or struck out on the basis of non-compliance with a contractual dispute resolution mechanism.

Unpacking the Building Safety Act's industry overhaul

Published on 06 Mar 2024. By Zoe Eastell, Partner and Zack Gould-Wilson, Senior Associate

On June 28, 2022, the Building Safety Act 2022 received royal assent, bringing about the biggest change to building safety in 40 years.

Construction disciplinary trends analysis #2: engagement letters – worth more than the paper they're written on!

Published on 21 Feb 2024. By Ben Goodier, Partner and Emma Wherry, Senior Associate and Aimee Talbot, Knowledge Lawyer

This article is the second in our mini-series analysing trends in disciplinary decisions involving construction professionals, with insight from our specialist disciplinary team.

RICS PII Minimum Terms consultation – last chance to have your say

Published on 20 Dec 2023. By Alexandra Anderson, Partner and Catherine Zakarias-Welch, Knowledge Lawyer

RICS requires all regulated firms in the UK and Ireland to hold "adequate and appropriate" indemnity insurance which meets RICS' Minimum Policy Wording.

Construction disciplinary trends analysis #1: continuing professional development

Published on 16 Oct 2023. By Ben Goodier, Partner and Emma Wherry, Senior Associate and Aimee Talbot, Knowledge Lawyer

This article is the first in our mini-series analysing trends in disciplinary decisions involving construction professionals, with insight from our specialist disciplinary team.

First out the traps: Dissecting the first remediation order under the Building Safety Act

Published on 04 Oct 2023. By Arash Rajai, Partner and Joshua Green, Associate

Our non-contentious construction team have recently contributed an article to Practical Law considering the first remediation order made by the First-tier Tribunal under section 123 of the Building Safety Act 2022 in Waite and others v Kedai Ltd (2023) LON/00AY/HYI/2022/0005 & 0016.

The proposed new RICS Residential Retrofit Standard

Published on 10 Aug 2023. By Alexandra Anderson, Partner and Aimee Talbot, Knowledge Lawyer

We explain the proposed RICS Residential Retrofit Standard and offer practical tips for complying with the new Standard when it comes into force.

CoA paves the way for the responsible developer

Published on 26 Jul 2023. By Katharine Cusack, Partner and Alexandra Anderson, Partner and Sally Lord, Knowledge Lawyer

Our team explore a recent judgment that touches on crucial factors for developers and construction professionals when dealing with remedying defects in buildings.

The El Niño year and impact on subsidence claims

Published on 13 Jul 2023. By Andrew Roper, Partner and Aimee Talbot, Knowledge Lawyer

Insurers should be bracing for a wave of subsidence claims arising from the increasingly warm weather. The UN’s World Meteorological Organization (WMO) has declared that an El Niño climate event is in progress, which helps explain why June 2023 was the hottest on record in the UK.

RICS disciplinary process: guidance for surveyors on sanctions (4 of 4)

Published on 27 Jun 2023. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate and Emma Wherry, Senior Associate and Laura Sponti, Associate

This fourth article considers the sanctions the RICS can impose and the next steps for surveyors following a disciplinary decision.

BSA: new guidance for principal accountable persons to assist in registration with BSR

Published on 09 Jun 2023. By Alexandra Anderson, Partner and Katharine Cusack, Partner

Our team explain the Health & Safety Executive's new guidance for Principal Accountable Persons detailing what key building information they need to provide when registering a high-rise residential building with the Building Safety Regulator, and what PAPs should be doing now in preparation for registration, which closes on 30 September 2023.

The fit-out problem

Published on 24 May 2023. By Arash Rajai, Partner and Jon Ely, Partner

An article considering the insurance strategy of fit-out works, which looks at co-insurance following the Court of Appeal's judgment in FM Conway Ltd v The Rugby Football Union and others [2023] EWCA Civ 418, the approach under JCT contracts, public liability insurance and the tenant's liability.

Responsible Actors Scheme forecast for Summer 2023

Published on 11 May 2023. By Katharine Cusack, Partner and Olivia Bradfield, Associate

The Government has recently published secondary legislation setting out its intention to implement its Responsible Actors Scheme (RAS) with further guidance to come by this Summer.

BSA: Higher-Risk Buildings Regulations now in force - Property Managers Take Note

Published on 14 Apr 2023. By Katharine Cusack, Partner

The Government has been working on safety measures for high rise buildings following the Grenfell Tragedy to provide comfort to residents in order for them to feel safe in their homes.

To be or Knot to be, a nuisance?

Published on 02 Mar 2023. By Alexandra Anderson, Partner and Katharine Cusack, Partner

One year on , has the recent decision of Davies v Bridgend County Council (BCC) helped or hindered that goal?

St James’s Oncology v Lendlease: the value of project-specific amendments to JCT contracts

Published on 12 Jan 2023. By Arash Rajai, Partner and Claire Wilmann, Senior Associate

The recent judgment of the TCC in St James’s Oncology SPC Ltd (Project Co) v Lendlease Construction (Europe) Ltd and another provides a fascinating commentary on the importance of drafting a building contract that is tailored to deliver the needs of the employer and the end-user.

Building Safety Levy – Government Undertaking Second Consultation

Published on 28 Nov 2022. By Alexandra Anderson, Partner and Katharine Cusack, Partner and Sally Lord, Knowledge Lawyer

The Government has just announced it is commencing another consultation on building safety, this time by way of second consultation on the Building Safety Levy ("the Levy").

Two-stage procurement: some key considerations for PCSAs

Published on 02 Nov 2022. By Arash Rajai, Partner and Claire Wilmann, Senior Associate

In our previous blog post, we introduced two-stage procurement and two key options for documenting it (a pre-construction services agreement (PCSA) followed by a separate main works contract and a Combined PCSA/Main Contract) noting that the differences were generally presentational or mechanical. For the purposes of this post, we will refer only to the PCSA and main contract option, but please note that the same principles apply to the Combined PCSA/Main Contract.

Cladding and Valuation: Important RICS guidance under consultation until 31 October 2022 – have your say!

Published on 20 Oct 2022. By Alexandra Anderson, Partner and Katharine Cusack, Partner

The consultation is part of RICS' plan to introduce a new professional standard for valuing properties in multi-storey, multi-occupancy residential buildings with cladding. This will take the form of an RICS-approved technical guidance note, with the objective of supporting an effective homebuying market.

Two-stage procurement

Published on 26 Sep 2022. By Arash Rajai, Partner and Claire Wilmann, Senior Associate

In a recent survey undertaken as part of the RIBA Construction Contracts and Law Report 2022, it was reported that over a third (37%) of respondents had used two-stage procurement over the last 12 months. We are similarly seeing two-stage procurement being used more and more in the construction industry, particularly for major building projects. In fact, the majority of recent development projects we have advised on in the UK were procured on a two-stage basis.

Is an Alternative Dispute Resolution (ADR) clause a condition precedent? And even if it is, is it always enforceable?

Published on 08 Sep 2022. By Katharine Cusack, Partner and Ellen Ryan, Senior Associate

The Case of Children's Ark Partnerships Ltd v Kajima Construction (Europe) UK Ltd and another [2022] EWHC 1595 (TCC) considers ADR clauses in more detail and highlights the importance of ensuring there is sufficient detail regarding the ADR process within the contract, failing which may result in serious consequences including challenges to the court's jurisdiction and a stay of proceedings.

EWS1 update

Published on 11 Apr 2022. By Alexandra Anderson, Partner and Lewis Manning, Associate

A joint statement made by The Royal Institution of Chartered Surveyors ('RICS') and six major lenders has clarified the position of the lender and valuation industries with regard to fire safety remedial works and mortgage lending.

RICS revised Rules of Conduct – coming soon

Published on 17 Jan 2022. By Alexandra Anderson, Partner and Katharine Cusack, Partner and Emrys Moore, Associate

The RICS's new Rules of Conduct are due to come into force on 2 February 2022. The rules combine the previously separate codes for individuals and firms in force since 2007 with the Global Professional and Ethical Principles from 2009, with the intention of providing a single, concise summary of all relevant principles, in order to allow RICS member firms and clients to understand what good professional practice looks like.

Does it matter if "the price is right"?

Published on 16 Dec 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

The recent case of Serene Construction Ltd v Salata and Associates Ltd has offered further insight on the Courts' approach to claims against bank-appointed receivers where they are instructed to market and sell land.

The Week That Was - 5 November 2021

Published on 05 Nov 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 29 October 2021

Published on 29 Oct 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.