Approach to costs
Solicitors at Humphreys & Co. always aim to approach
legal work in a financially-disciplined way. We offer
competitive rates. Our charging approach is both transparent
and geared to the options open to our clients. Our
solicitors generally charge by reference to time spent but
we can often agree fixed fees for specific work or in some
cases risk-adjusted funding structures.
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sports
Sports contracts
& disputes
Solicitors equipped
to supply professional sports contracts
and represent parties in breach of
contract claims
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Solicitors
here advise on and document sports contracts. In
view of the huge financial rewards available in
professional sport and the importance of
protecting rights and the revenue generated by
sport, it is not surprising that individuals
interested in or involved in sport often look to
solicitors to protect their interests.
There is no specific body of law called "sports
law"; sports law is a convenient term used to
describe the various areas of contract, tort,
employment law, constitutional law, intellectual
property (e.g. trade marks law) and commercial law
which apply to sport.
Dispute
resolution in
sport
It is
common for
disputes
arising out of
participation
in sport to be
referred to an
internal
dispute
resolution
procedure.
Arbitration in
particular is
used to handle
alleged
serious
breaches of
the rules. For
example in
cricket,
matters can be
referred to
the ICC
arbitral body.
Indeed where
an enforceable
arbitration
agreement is
in place it
will not be
possible for
the dispute to
be resolved
through the
courts before
this option
has been
exhausted.
The use of
such ADR
methods allows
flexibility in
terms of
procedure
(rather than
the parties
being bound by
court rules),
increased
speed, privacy
and the
ability to
select
decision
makers with an
expert
background in
the sport in
question.
Where the
results of a
particular
sporting event
and/or the
reputation of
the sportsmen
or women in
question are
concerned
these can be
very
significant
advantages.
The court of
arbitration in
Switzerland
provides a
final private
arbitral
tribunal of
appeal for
disputes
arising out of
sport.
The courts in
the UK have
long supported
the use of
dispute
resolution
methods in
sport. As one
judge put it,
'justice can
often be
done... better
by a good
layman than a
bad lawyer.'
The courts
will give
deference to
the expertise
of experienced
sports
professionals
in regulating
disputes by
readily
enforcing
agreements to
arbitrate. The
court's role
will however
become
relevant if
decisions by
an arbitral
tribunal
appear
contrary to
natural
justice or
principles of
proportionality.
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Employment contracts
in
professional
sport
Professional
sport like any
industry
depends on the
recruitment
and retention
of quality
individuals
for commercial
success. The
employment of
sports
professionals
is legally no
different to
other
employment
situations.
Though the
'work' being
rendered by
the employee
is of course
far from
routine, the
legal rights
and
obligations
arising
between
employer and
employee in
sport are
governed by
the usual
principles of
employment
law.
True contracts
of employment
are referred
to as
contracts of
service or
service
agreements.
Often in sport
the contract
signed by the
sports
professional
is in fact a
consultancy
agreement or a
contract for
the provision
of services
which does not
create an
employee/employer
relationship.
Standard
contracts
(generally
approved by
the governing
body of the
sport) are
very common in
professional
sport, so the
main content
of a contract
between the
parties will
often not be
open to
negotiation.
This does not
rule out the
possibility of
individually
negotiated
terms on top
of these
standard terms
of course.
Restraint of
trade clauses
in
professional
sports
contracts are
common and
occasionally
lead to
litigation.
These are
provisions
which prevent
the ability of
the sports
professional
to do certain
things either
during or
after the
contract. The
starting point
in law is that
all such
clauses are
automatically
void but there
is a body of
case law concerning
exceptions to
this rule.
Professional
football clubs
for example
may well have
a legitimate
interest to
protect in the
form of their
substantial
investment in
acquiring new
players.
Sports bodies
may also need
to provide for
certain
limitations to
regulate the
conduct of the
sport. Advice
should be
sought on the
enforceability
of any such
provision.
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Sports
personalities
and
merchandising
Imagine
someone who is
looking to
purchase a new
set of golf
clubs. Many
people in this
position
choose a
certain brand
over another
because it is
the brand that
their
favourite
player uses on
the course and
endorses in
golfing
magazines.
This sort of
influence can
be extremely
powerful,
which is why
sports
personalities
command
significant
sponsorship
fees.
By protecting
elements of
their name and
image through
intellectual
property and
appropriately
drafted
contracts,
sports
personalities
are able to
restrict the
use of their
name and image
and thus
ensure its
continued
commercial
value.
Personality
merchandising
is the name
given to the
industry that
has developed
around using
the name and
image of a
person to
endorse and
promote goods
and services.
There is an
obvious appeal
in using a
name and
image. The
advertising
industry
spends
billions
developing
strong brands.
But elite
sportsmen
offer a
ready-made
consumer
following.
This can be a
fantastic
revenue stream
for the lucky
sports
personality
with that
brand
following. As
an added
bonus, it is
often a
following that
will translate
easily from
one industry
to another
(think of
sports
personalities
with a line of
sports goods,
clothing,
perfume,
computer
games, etc),
meaning
endorsements
can be
licensed to
many companies
simultaneously.
However, what
is there to
stop someone
in the street
photographing
the celebrity
and attaching
that photo to
a tee shirt?
Or placing the
celebrity’s
name on a
packet of
cigarettes? If
third parties
can make a
profit from
your brand
without your
permission, or
worse still,
they are free
to associate
your brand
with anything
they like
(imagine what
being on a
packet of
cigarettes
would do to
the reputation
of the sports
personality
and the value
of his
existing
endorsements),
its value
becomes far
less certain.
This is where
informed legal
advice becomes
invaluable.
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Accessibility
We take instructions from UK & international clients. Our independent lawyers are available by email, telephone & fax. With central Bristol offices we are just 90 minutes from London by road or rail and 15 minutes from Bristol International Airport. We can travel to meetings if required.
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Independent approach
We are an independent professional law firm here, not a legal factory turning out mass-produced products. In our experience, determined case-handling is more likely to produce effective results.
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Turnaround time
Solicitors at Humphreys & Co. look to input not only
careful legal work and precision but also the determination
to keep matters moving. They aim to work in clients' real
interests with energy and pragmatism.
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Communication skills
Solicitors at Humphreys & Co. always try to open up the
legal process by giving advice and explaining options to
clients in a concise and straightforward way, identifying
clear courses of action whatever the technical or legal
complexities of the subject. |
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