Sports Law & Practice

Some of my readers may question the relevance of the present post to the general theme of this blog. They may even question the slightly dramatic title to this post. The words 'lesson' and 'never forget' may appear to cause a certain degree of surprise. But I am convinced that at the end of this post, my readers will be satisfied that these were terms well chosen.

Practitioners often receive instructions from clients who wish to appeal before the Court of Arbitration for Sport. In the majority of these cases, clients are motivated by a sense of injustice, which is usually well-justified. A practitioner, obviously, needs to remain independent of sentimental considerations and keep an open mind at all times. An Appeal before the Court of Arbitration for Sport could be an expensive process and one that will cause additional stress and anxiety to the client. Above all, it is an Appeal that very much depends on very specific procedural considerations.

I appeared last Friday before the National Anti-Doping Panel at Sport Resolutions in London, on behalf of a professional boxer. This was an Appeal regarding the 24-month period of ineligibility against the athlete, as a result of a positive anti-doping test. The adverse analytical finding was the result of the use of a 'contaminated' nutritional supplement, which, unbeknown to the athlete, contained in it, the prohibited substance methylhexaneamine (MHA), which is a stimulant and it is classified by WADA as a specified substance. My involvement in this case made me realise that we are a long way away from educating and protecting athletes from the dangers of the use of dietary and other nutritional supplements. I hope, with the present post, to raise some concerns and disseminate further findings with a constructive discussion.