Baker v The British Boxing Board of Control [2014] EWHC 2074 (QB) (25 June 2014)

Baker v The British Boxing Board of Control [2014] EWHC 2074 (QB) (25 June 2014)

The claimant failed to establish a serious issue to be tried regarding the validity or application of the BBBC regulations or the disciplinary decision; the regulations are inherent and objectively justified in the organisation of the sport; damages would be an adequate remedy; the balance of convenience favours maintaining the status quo pending the outcome of the internal appeal; proceedings are premature as internal remedies have not been exhausted.

Citation
[2014] EWHC 2074 (QB)
Parties
Claimant: Bruce Baker; Defendant: The British Boxing Board of Control
Jurisdiction
England and Wales
Judgment Date
25 June 2014
Procedural Posture
Application for Interim Injunction in Civil Proceedings / Interlocutory (application for Interim Relief Pending Appeal to Stewards)
Outcome
Application for interim relief refused; proceedings stayed pending outcome of internal appeal.
Legal Topics
Interim Injunctions, Procedural Fairness, Competition Act 1988, EU Law (treaty on the Functioning of the Eu), Arbitration Act 1996, Exhaustion of Internal Remedies
Sports Law Competition Law Contract Law Judicial Review Interim Injunctions Procedural Fairness Competition Act 1988 EU Law (treaty on the Functioning of the Eu) +2 more

Case Brief

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Parties

Bruce Baker

Claimant

The British Boxing Board of Control

Defendant

Procedural Posture

Application for Interim Injunction in Civil Proceedings / Interlocutory (application for Interim Relief Pending Appeal to Stewards)

Legal Issues

  1. 1 Whether the claimant is entitled to interim relief (restoration of licence) pending appeal to the Stewards
  2. 2 Whether BBBC regulations 4.12(b) and 5.15 are incompatible with EU law and Competition Act 1988
  3. 3 Whether the court should stay proceedings under s.9 Arbitration Act 1996 due to pending internal appeal

Ratio Decidendi

The claimant failed to establish a serious issue to be tried regarding the validity or application of the BBBC regulations or the disciplinary decision; the regulations are inherent and objectively justified in the organisation of the sport; damages would be an adequate remedy; the balance of convenience favours maintaining the status quo pending the outcome of the internal appeal; proceedings are premature as internal remedies have not been exhausted.

Court Disposition

Application for interim relief refused; proceedings stayed pending outcome of internal appeal.

Orders

  • Interim injunction refused
  • No restoration of licence pending appeal