The New Saints FC Ltd v The Football Association of Wales Ltd & Anor [2020] EWHC 1838 (Ch) (13 July 2020)

The New Saints FC Ltd v The Football Association of Wales Ltd & Anor [2020] EWHC 1838 (Ch) (13 July 2020)

Rule 17.9 did not apply to the suspension of the league due to the pandemic, as no club had 'ceased to operate' within the meaning of the rule. FA Wales acted within its contractual and regulatory powers in curtailing the season and adopting the PPG method. The decisions were not irrational, procedurally unfair, or lacking in transparency, and there was no breach of legitimate expectation. The challenge by New Saints failed on all grounds.

Citation
[2020] EWHC 1838 (Ch)
Parties
Claimant: The New Saints FC Limited; First Defendant: The Football Association of Wales Limited; Second Defendant: Connahs Quay Nomads FC Limited
Jurisdiction
England and Wales
Judgment Date
13 July 2020
Procedural Posture
Arbitration/commercial Court Challenge / Final Judgment After Expedited Hearing
Outcome
Claim dismissed
Legal Topics
Contractual Interpretation, Judicial Review Principles in Private Bodies, Sports League Governance, Ultra Vires, Legitimate Expectation, Procedural Fairness
Sports Law Contract Law Arbitration Contractual Interpretation Judicial Review Principles in Private Bodies Sports League Governance Ultra Vires Legitimate Expectation +1 more

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Parties

The New Saints FC Limited

Claimant

The Football Association of Wales Limited

First Defendant

Connahs Quay Nomads FC Limited

Second Defendant

Procedural Posture

Arbitration/commercial Court Challenge / Final Judgment After Expedited Hearing

Legal Issues

  1. 1 Whether FA Wales acted ultra vires or contrary to contract in curtailing the 2019/2020 Cymru Premier League season and determining rankings by points-per-game (PPG) method
  2. 2 Whether FA Wales breached any specific contractual provision (Rule 17.9)
  3. 3 Whether FA Wales' decisions were irrational, lacking transparency, or procedurally unfair

Ratio Decidendi

Rule 17.9 did not apply to the suspension of the league due to the pandemic, as no club had 'ceased to operate' within the meaning of the rule. FA Wales acted within its contractual and regulatory powers in curtailing the season and adopting the PPG method. The decisions were not irrational, procedurally unfair, or lacking in transparency, and there was no breach of legitimate expectation. The challenge by New Saints failed on all grounds.

Court Disposition

Claim dismissed

Orders

  • The claim of The New Saints FC Limited is dismissed in its entirety.
  • No order for damages or specific performance is made.