Top sports lawyer feels Cricket Ireland have grounds for World Cup legal action
ICC’s decision likely to be seen as “one that goes against the principles and objectives of the ICC’s global development programme,” says Andrew Nixon.
THE ICC’S DECISION to exclude Ireland from the 2015 Cricket World Cup could possibly be overturned by legal action, according to British lawyer Andrew Nixon.
Earlier this month, the sport’s global governing body took the decision to limit the next tournament to the ten full members of the ICC, failing to designate a process whereby associate nations such as Ireland could qualify.
Speaking to TheScore.ie at the time, Cricket Ireland Chief Executive Warren Deutrom called the decision “a complete travesty which flies in the face of every equitable sporting principle.”
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In an article penned for SportingIntelligence.com, Nixon – who works for top British law firm Thomas Eggar – agreed that the decision was likely to be seen as “one that goes against the principles and objectives of the ICC’s global development programme.”
Given the ICC’s obligation to safeguard the interest of all members, not just the ten test-playing nations, Nixon believes that Cricket Ireland and the other 94 disbarred nations may have grounds for legal action.
If the ICC has taken a decision which is in contravention of the implied and/or express duties contained within the membership contract, or there was impropriety or irrationality in the decision making process, then Cricket Ireland (or indeed any of the now excluded Associate teams) may have a cause of action to challenge the ICC’s decision.
Although he indicated that the Irish authorities could take a case to Court of Arbitration for Sport (CAS), he accepted that such a move would be a worst-case scenario.
Instead, he wrote, “the first step will be for Cricket Ireland to enter into correspondence with the ICC to determine the exact reasons for the decision and how that decision was reached.”
“Thereafter, a resolution will inevitably be sought internally if indeed that is feasible.”
Top sports lawyer feels Cricket Ireland have grounds for World Cup legal action
THE ICC’S DECISION to exclude Ireland from the 2015 Cricket World Cup could possibly be overturned by legal action, according to British lawyer Andrew Nixon.
Earlier this month, the sport’s global governing body took the decision to limit the next tournament to the ten full members of the ICC, failing to designate a process whereby associate nations such as Ireland could qualify.
Speaking to TheScore.ie at the time, Cricket Ireland Chief Executive Warren Deutrom called the decision “a complete travesty which flies in the face of every equitable sporting principle.”
In an article penned for SportingIntelligence.com, Nixon – who works for top British law firm Thomas Eggar – agreed that the decision was likely to be seen as “one that goes against the principles and objectives of the ICC’s global development programme.”
Given the ICC’s obligation to safeguard the interest of all members, not just the ten test-playing nations, Nixon believes that Cricket Ireland and the other 94 disbarred nations may have grounds for legal action.
Although he indicated that the Irish authorities could take a case to Court of Arbitration for Sport (CAS), he accepted that such a move would be a worst-case scenario.
Instead, he wrote, “the first step will be for Cricket Ireland to enter into correspondence with the ICC to determine the exact reasons for the decision and how that decision was reached.”
“Thereafter, a resolution will inevitably be sought internally if indeed that is feasible.”
Read more of Andrew Nixon’s thoughts at SportingIntelligence.com >
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