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Rugby and the Law Profile picture
Rugby and the Law
@rugbyandthelaw
A Sports Law Rugby Blog by @ben_cisneros (Associate @MorganSportsLaw) ⚖️ Discipline, Concussion, Anti-Doping, Commercial, Governance & more. 🏉
Aug 17, 2023 • 12 tweets • 3 min read
World Rugby are to appeal the Owen Farrell decision.

The panel's decision has now been published, here:

A few thoughts on what comes next. 🧵 https://t.co/1DmOe2xedm…sources.worldrugby-rims.pulselive.com/worldrugby/doc…
The relevant test for an appeal is whether the decision "was in error (either as to central factual findings or in law)" - WR Regulation 20.8.5.

The appeal is not simply a re-hearing of the case. It is a review of the first decision, and the standard of review is high.
Aug 15, 2023 • 10 tweets • 3 min read
Final thoughts on Farrell for now...

Rugby is a highly dynamic sport. There are so many nuances to every tackle and very fine margins between legal/illegal tackles. That's why the sanctioning process must take account of mitigating factors.

If something unexpected happens... 🧵 ...outside of the control of the tackler which turns a legal tackle into an illegal one (for example, because of a change in height), then it is right that the tackler's sanction is reduced accordingly.

Yes, it is foul play because they have run the risk of head contact, but...
Dec 8, 2020 • 17 tweets • 4 min read
Over 70 former professional rugby players are preparing for legal action against the sport’s governing bodies according to this report.

The group litigation seems to be in its early stages, but World Rugby & Unions will be starting to get twitchy.

THREAD on the key issues 👇🏼 1) Duty of care

Do the governing bodies (World Rugby, RFU, WRU etc) owe players a duty of care in respect of their health and safety? The answer is almost certainly yes (see for example Watson v BBBoC).
May 14, 2020 • 24 tweets • 5 min read
Having read and digested Lord Myners’ review of the Premiership Rugby Salary Cap, here is a thread on what I consider to be the main talking points.

The full report can be read here: media-cdn.incrowdsports.com/4c20e3b1-ed1c-… 1) It is incredibly well-written and perfectly appreciates its own context. Lord Myners clearly understands the sport and, in particular, the English rugby landscape.

The report makes for good reading and I would recommend it to anyone with an interest in rugby or #sportslaw.