ABSTRACT
The conduct of individuals and organisations in sport and recreation can often launch participants and governing bodies into a range of quasi-legal and legal processes which can be lengthy, traumatic and costly to all parties. These processes may include disciplinary processes, appeals, employment tribunals, civil lawsuits, criminal cases and legal challenges to sports governing body rules and penalties with reference to human rights legislation or, for example, European Community laws or treaties. Disciplinary and civil cases in sport cover a range of issues including eligibility,1 doping,2 violence,3 sexism,4
racism,5 and the broader category of ‘bringing the sport into disrepute’ or ‘not acting in the interests of the sport’. Civil cases have been brought against sports governing bodies in relation to, among other things, a failure to follow correct procedures,6 access to relevant evidence,7 refusing legal representation at a hearing, allegations of apparent bias by members of a panel,8 or refusing an appeal.
