The New Saints FC Ltd v The Football Association of Wales Ltd & Anor

The New Saints FC Ltd v The Football Association of Wales Ltd & Anor

The court held that FA Wales acted within its contractual and regulatory powers in terminating the season and adopting the PPG system. Rule 17.9 did not apply, as no club had 'ceased to operate' within the meaning of the rules. The UEFA COVID Guidelines were guidelines, not binding rules, and FA Wales' decisions were consistent with them. The decision-making process was procedurally fair, transparent, and rational, with all relevant options considered and clubs consulted. The decisions were not irrational, unreasonable, or contrary to legitimate expectation. There was no obligation to revisit the decisions absent a fundamental change in circumstances.

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
Civil (contractual/regulatory Challenge) / Judgment After Expedited Trial
Outcome
Claim dismissed
Legal Topics
Ultra Vires, Procedural Fairness, Legitimate Expectation, Contractual Interpretation, Decision Making by Sports Governing Bodies, COVID 19 Related Disruption
Sports Law Contract Law Judicial Review (by Analogy) Ultra Vires Procedural Fairness Legitimate Expectation Contractual Interpretation Decision Making by Sports Governing Bodies +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The New Saints FC Limited

Claimant

The Football Association of Wales Limited

First Defendant

Connahs Quay Nomads FC Limited

Second Defendant

Procedural Posture

Civil (contractual/regulatory Challenge) / Judgment After Expedited Trial

Legal Issues

  1. 1 Whether FA Wales' decisions to curtail the 2019/2020 Cymru Premier League season and determine club rankings by a non-sporting process were ultra vires, irrational, procedurally unfair, or contrary to legitimate expectation under the relevant contractual and regulatory framework.

Ratio Decidendi

The court held that FA Wales acted within its contractual and regulatory powers in terminating the season and adopting the PPG system. Rule 17.9 did not apply, as no club had 'ceased to operate' within the meaning of the rules. The UEFA COVID Guidelines were guidelines, not binding rules, and FA Wales' decisions were consistent with them. The decision-making process was procedurally fair, transparent, and rational, with all relevant options considered and clubs consulted. The decisions were not irrational, unreasonable, or contrary to legitimate expectation. There was no obligation to revisit the decisions absent a fundamental change in circumstances.

Court Disposition

Claim dismissed

Orders

  • The claim by The New Saints FC Limited is dismissed. The court will hear submissions on consequential orders.