Quote Sarf Essex Taff="Sarf Essex Taff" There will be no contract so no club could sue for breach of that. The only remedy for any disappointed club is judicial review, but it is extremely difficult to obtain against a sporting body. Judicial review is available against public bodies, but sporting bodies are not public bodies but rather private associations. The courts generally want independent bodies to remain the ultimate arbiter over their own affairs.
Most applications for judicial review against a sporting body will be refused at the point of application (it is not a right to be heard by the High Court). For instance Sheffield United were refused permission to apply for judicial review over the FA's punishment of West Ham in the Tevez affair.
Generally where judicial review has been allowed against a sporting body, it has been in matters of individual discipline i.e. Dwain Chambers over the further ban from competing for GB, where the matter is considered to be potentially life changing to an in dividual. I doubt a player losing a full time contract would count, whereas review of say a sine die ban would.
Even if the application was heard, the Court would most certainly look at the actions of all parties involved and consideration would be given to any disclaimer not to sue signed by a club.
Iirc towards the end of Maurice Lindsay's stint at Red Hall there were quite a few attempts at issuing proceedings against the RFL. They didn't bring the RFL to its knees and I don't suppose that many people (outside a club's immediate spectators) would know or care if a club was unhappy with the licencing decision. Leigh's grumbles last time just appeared embarrassing'"
What you say may be true but…
The law often works on precedents which are set. Where some areas seem to be untouchable one moment, the next, they are not. What often happens is that someone pushes things too far, in the mistaken belief they are safe. This then results in a “test case”, which, if won, sets a new precedent. The clubs under the RFL are not just sporting teams, but businesses with staff and there are peoples jobs on the line.
However, as I have already said, a very strong case would have to be put forward by any club wishing to take legal action against the RFL. It is not certain that this is possible, but a club that believes it has no alternative, and has a lot of money put aside for a team of lawyers, may take things further.
Whether that club wins, or not, the fall out would be catastrophic all round. A famous old club may go out of existence, and people, and the press, will be asking what for. The Leigh situation is completely different. This would be far more serious, given what has gone before it.
Would it bring down the RFL? If the case succeeded, it would have to. If the case against them failed, then obviously not, but it may still damage their credibility.
The games dirty washing would be aired – and there’s an awful lot of it lately – and the games integrity would be brought into question. I can’t see any major sponsors wishing to touch it with a bargepole. It’s hard enough to bring it in as it is
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