Adam Lewis QC
- Called to Bar:
- 1985
- Appointed to silk:
- 2009
- Practice areas:
- Degree:
- MA (Cantab)
- Languages:
-
French
and
Norwegian (working knowledge)
After call Adam Lewis worked on competition law matters for a US firm in Washington DC and London, in the Cabinet of the European Commissioner responsible for Competition and Financial Institutions and then at an EU law firm in Brussels, returning to practice at the Bar in 1994.
Adam Lewis QC is recognised by both of the main independent legal directories as a leading silk.
In Chambers UK 2012:
- Sport - "he is a sports lawyer through and through - sport seems to be in his bones” ... "incredibly user-friendly and always readily available" ... "while we were tearing our hair out, he kept everyone upbeat and remained hugely approachable - you just don't expect that from a barrister who has a brain the size of a planet"... "whenever sports litigation comes through the door, Adam's name is the very first on the team sheet."
- Administrative & Public law – “sensible, reliable and efficient, he never fails to impress year on year”
- Public Procurement law – "approachable, client-friendly and savvy"
Legal 500 2011:
- Media, Entertainment & Sport - “true star, who is well on his way to becoming one of the leaders in sports law”
- Administrative & Public law - recommended
Professional Experience
- Appointed to the Sports Advocacy Section of the London 2012 Olympic and Paralympic Pro Bono Legal Advice and Representation Service.
- Rugby Football Union Appeal Board Chairman
- UK Athletics Tribunal Chairman
- Football Association Rule K arbitrator
Public Law and Human Rights
Adam Lewis regularly acts in a wide range of public law matters, both for and against public bodies. He has developed a particular expertise in the application of public law principles at the boundary between public and commercial contexts, including EU law issues, public procurement, VAT, telecommunications and charging for policing. He has also worked on numerous matters involving the extension of public law principles to the activities of quasi-public bodies, such as sports governing bodies, whose decisions are not subject to CPR Part 54 Judicial Review but fall to be reviewed by reference to similar standards. He regularly advises and acts for the premium rate telephone and internet regulator (PhonePayPlus, formerly known as ICSTIS) and British Telecommunications.
Current and recent work
- R (Tottenham Hotspur FC) and Leyton Orient FC v Newham Council, OPLC, Mayor of London, and Secretary of State for Culture Media and Sport ; Leyton Orient FC v Football Association Premier League (High Court and FA Rule K arbitration, 2011- current)
Currently acts for Leyton Orient in its judicial review applications in relation to the legality (in terms of the state aid rules and vires) of Newham’s loan to its joint venture vehicle with West Ham FC to allow it to bid for the Olympic Stadium, the OPLC’s decision to recommend that bid, and the Mayor’s and Secretary of State’s decision to accept that bid (public procurement and competition law). Also acts for Leyton Orient in its challenge to the legality of the Premier League’s decision to permit West Ham to move to the stadium, which includes a claim based on abuse of a dominant position by the Premier League. - Mutu v Switzerland (European Court of Human Rights, 2010 - current)
Currently acts for Chelsea in the context of the player Adrian Mutu’s commencement of proceedings before the European Court of Human Rights challenging the award against him and in favour of the club of €17 million in compensation for breach of contract. The player alleges that a transfer system that can create such massive personal liability on breach infringes footballers’ human rights. - Adamu v FIFA (Court of Arbitration for Sport, Lausanne - current)
Currently acts for FIFA on Adamu’s appeal against his suspension from the administration of international football for failing to refuse an offer of a bribe in relation to bids to host the World Cup. Adamu appeals on the basis that the evidence against him was the product of a Sunday Times sting operation, and so was illegally obtained and involved entrapment, infringing his human rights. - BPI v Secretary of State for Business, Innovation and Skills (2010)
Advised the BPI as to the legality of a decision made by the BIS that an Ofcom code should not require individuals to pay an appeal fee when appealing under a provision of the Communications Act 2003 introduced by the Digital Economy Act 2010, against a notice that they are believed to behave infringed copyright by downloading musical works. - Government of Gibraltar (2010)
Advised the Government of Gibraltar on data protection and access to information issues. - Social Care Institute and British Association of Social Workers (2010)
Advised on the establishment of a regulator for social workers. - PhonePayPlus v mBlox (2010 Regulatory Tribunal)
Represented the telephone and internet premium rate service regulator on a test case brought by mBlox in relation to the meaning of the “mere conduit provisions” in the e-Commerce Directive. - Gambling Commission (2010)
Advised the Gambling Commission as to the constraints imposed by the Data Protection Act 1998 and the Human Rights Act 1996 on when the Commission can disclose to another regulator information that it has obtained under the Regulation of Investigatory Powers Act 2000. - Severn Trent Water v British Telecommunications (High Court, 2010)
Acted for British Telecommunications in litigation involving the entitlement of one former public utility to charge another in relation to the past provision of drainage. At a point in time when both Severn Trent and BT were in public ownership, drainage pipes were created between deep tunnels containing telephone lines and the sewerage system, in order to carry away surface water that collected in the tunnels. Severn Trent contended that it was entitled to charge BT for the drainage of that water. The issue in the case was whether there is such an entitlement. Previously advised the British Waterways Board on its position in the light of an application to the Secretary of State made by Thames Water Utilities Limited, in which TWUL sought a reduction in the amount that it pays BWB for the abstraction of water. - British Telecommunications (2010)
Has recently advised BT on five different matters in relation to a broadband initiative with a local authority, the utility’s terms and conditions, its relationship with other network operators, its possible courses of action where OFCOM has not addressed issues that it faces and the development of services to customers provided through internet browsers. - Rio Football Services v Sevilla (Fabiano) (High Court, November 2010, September 2010, June 2010 and December 2009)
Acted for the financier Rio in its attempts to recover debts from Sevilla. The Spanish club contended unsuccessfully that arrangements that financed its acquisition of the Brazilian striker Fabiano were unlawful because they amount to slavery. - Football Agent v The Football Association (FA Rule K arbitration, February 2010)
Acted for the FA in a claim for damages brought against it by a football agent in relation to the way in which the FA had carried out its regulatory functions. The agent claimed unsuccessfully that alleged breaches of quasi public law obligations to act lawfully (including in compliance with Data Protection legislation), rationally and fairly, sounded in damages. - Sheffield v FAPL (2007), Leeds v Football League (2008), Stretford v FA (2007-2009)
In these arbitrations he established that a number of procedural public law principles apply in the context of review of the decisions of sports governing bodies. In Sheffield, he established that the question of whether one person affected by the regulatory decision of the quasi-public body in relation to another person, is able to challenge the decision is to be determined by reference to public law principles on standing. In Leeds, he established that the public law principles in relation to delay and effect on third parties as grounds for the refusal of relief, even where a case is made out on the substance, can be extended to the context of a sports governing body’s decision. In Stretford, he established that public law principles as to the exhaustion of domestic remedies are relevant to the question of whether the legality of a sports governing body’s disciplinary process can be subjected to supervisory review before all appeals under the process have been exhausted.
Other cases
- Greater Manchester Police v Wigan AFC (Chancery Division, Mann J 8-19 October 2007, 10 March 2008) [2007] EWHC 3095 (Ch); Court of Appeal 11 November 2008, 19 December 2008 [2008] EWCA Civ 1449
- MyTravel v European Commission (European Court of First Instance, April and May 2008, Judgment 9 September 2008)
- R (Deepdock and others) v National Assembly for Wales and Welsh Minister for the Environment (Administrative Court, Wyn Williams J, 17 October 2007, permission refused, CA permission granted 2008) joined with Isle of Anglesey County Council and the Crown Estate Commissioners v National Assembly for Wales, NWNW Sea Fisheries Committee and others
- Independent Committee for the Supervision of Standards of Telephone Information Services ("ICSTIS") v Allied Telecommunications (Administrative Court, Paul Walker J, September 2007) [2007] EWHC 2307 (Admin)
- Dwain Chambers v British Olympic Association (Queens Bench Division, Mackay J, 9, 17 and 18 July 2008) [2008] EWHC 2028 (QB)
- Stretford v FA (2007, 2008) and UKA’s rules on inappropriate sexual relationships (2007)
- Fulcrum v Commissioners of Customs & Excise (VAT and Duties Tribunal and European Court of Justice, Joined Cases C-354/03 C-355/03 C-484/03, [2006] Ch. 218)
- R (on the application of Unitymark and the NSFO) v DEFRA (Administrative Court and European Court of Justice) [2003] EWHC 2748 [2004]; Eu. L.R. 338 ECJ - [2006] E.C.R. I-2689; [2006] 2 C.M.L.R. 21
R (on the application of Vodafone) v Commissioners of Customs & Excise (Administrative Court) [2005] EWHC 1581 (Admin) - Bateman v Dwr Cymru Welsh Water (2004)
- R (on the application of Freeserve) v Commissioners of Customs & Excise, AOL interested party Moses J 25 September 2002, Evans Lombe J, 31 October 2003 [2004] STC 187
- London Surfacing v London Borough of Barnet (2003)
- Ridley v DEFRA (2003)
- Jobsin.co.uk Plc v Department of Health, Collins J, 15 March 2001, Blofeld J, 8-10 May 2001, CA (Thorpe, Dyson, Astill LJJ), 11-13 July 2001, [2001] EWCA CIV 1241; [2001] EuLR 685
- Anchor Foods Limited v Commissioners of Customs & Excise [1999] 1 WLR 1139 ChD; [1998] V&DR 32; VAT and Duties Tribunal (T Wallace, Chairman), 27 January 1998, 24 November 1998, 4 May 1999, 27 May 1999, 8 March 2000, 18 July 2000, 25 January 2001, 19 October 2001, 4 July 2002; Divisional Court (Dyson J) 26 June 1998; Chancery Division (Neuberger J) 9 February 1999, 26 February 1999 ([1999] 1 WLR 1139), 20 April 1999, 8 July 1999, 18 October 1999, 21 February 2000, 30 March 2000; Court of Appeal 19 June 2000; House of Lords 24 July 2001
- President of the Republic of Liberia v Times Newspapers, Eady J 22 January 2001
- General Mediterranean Holdings SA v Patel, Law Society intervening [2000] 1 WLR 272, Toulson J
- R v MAFF ex p. Quarantine Abolition Fighting Fund, Owen J, the Independent 15 October 1999
- R v Chief Constable ex p. ITF [1997] 3 WLR 132, CA; [1999] 2 AC 418 House of Lords
- Matra v Home Office, Rattee J 31st July 1998, unrep; [1999] 1 WLR 1646, [1999] EuLR 635 (CA)
- Top High Developments v Commissioners of Customs & Excise [1998] FSR 464
- Rodgers v Sheffield County Council General Instrument v Commissioners of Customs & Excise judgment May 1998
- R v Cardiff City Council ex p. Gooding Investments Ltd [1996] Env LR 288
- John Dee Ltd v Commissioners of Customs & Excise [1995] STC 941
- Colman v General Medical Council [1990] 1 All ER 489
EU and Competition
Adam Lewis’ practice spans the full range of European Union and Competition law matters, with particular focus on anti-competitive agreements and behaviour, merger regulation, state aid rules, free movement, public procurement, VAT and trade and customs law.
Adam Lewis began to develop his EU and Competition law specialisms before he started practice at the Bar. Between 1985 and 1987 he worked at in particular Wilmer Cutler & Pickering (now Wilmer Hale), a United States law firm with an established EU law practice and a Brussels office. In 1991 and 1992 he worked for the European Commission in the Cabinet of Sir Leon Brittan, then European Commissioner responsible for Competition and Financial Institutions. Thereafter he was based in Brussels for a year, working exclusively on EU law related matters in a firm that is now merged with White & Case.
Current and recent work
- R (Tottenham Hotspur FC and Leyton Orient FC) v Newham Council, OPLC, Mayor of London, and Secretary of State for Culture Media and Sport ; Leyton Orient FC v Football Association Premier League (2011 High Court and FA Rule K arbitration)
Currently acts for Leyton Orient in its judicial review applications in relation to the legality (in terms of the state aid rules and vires) of Newham’s loan to its joint venture vehicle with West Ham FC to allow it to bid for the Olympic Stadium, the OPLC’s decision to recommend that bid, and the Mayor’s and Secretary of State’s decision to accept that bid (public procurement and competition law). Also acts for Leyton Orient in its challenge to the legality of the Premier League’s decision to permit West Ham to move to the stadium, which includes a claim based on abuse of a dominant position by the Premier League. - Syntema (current)
Currently acts for a group of companies in the building materials sector in relation to the distributorship arrangements with a manufacturing group. - London 2012 Olympics Tickets (2010 – current)
Currently advising in relation to the terms on which London 2012 Olympics Tickets are supplied. - Distributorship Agreements (2011)
Currently advising in relation to distributorship agreements. - Associated Independent Stores (2011)
Acted for an association of retailers in relation to the legality of price promotions under the competition law rules. - British Olympic Association v LOCOG and IOC (Court of Arbitration for Sport, 2011)
Acted for the BOA in its dispute with the London 2012 organisers LOCOG and the IOC over the distribution of profits from the 2012 Games, which raised issues in relation to the role of Government in the financing of the Olympics. - Associated Independent Stores (2011)
Advised ASI on the compliance with competition law of price promotions. - BPI and the digital economy legislation (2010)
Advised the BPI in relation to the Digital Economy Act. - Corporatewear (Complaint to Office of Fair Trading, 2010)
Acted for a company complaining to the OFT about a merger in the Corporatewear sector. - Enfield Council (2010)
Advised Enfield Council in relation to public procurement issues arising out of its city centre regeneration. - Michalias v Michalia (European Court of Justice Case C-312/09 June 2010)
Recently acted on a reference for a preliminary ruling as to the proper interpretation and transitional provisions of the EU jurisdiction legislation, Reg EC 1347/2000, in a context where rival divorce proceedings had been commenced in the Cypriot and English Courts. - ESPL v ECB, ICC, and BCCI (High Court October 2010)
Currently acts for the cricket authorities defending the action brought by ESPL, the organiser of the Indian Cricket League, which alleges that the cricket authorities have acted anti-competitively by excluding ESPL’s event in order to protect the rival Indian Premier League. ESPL alleges that the ECB in England has breached its obligations under the Competition Act. Succeeded in obtaining a stay of the English proceedings pending the decision of the Indian Court of Appeal as to whether to issue an anti-suit injunction against ESPL, on the basis that t ESPL is already suing the BCCI in India in related proceedings. - FIFA World Cup 2010
Advised on dispute over the way in which FIFA treated a business in negotiation with it for the provision of entertainment at the Football World Cup in South Africa. - Mutu v Chelsea the FA and FIFA (Response to Complaint to European Commission, 2010)
Currently acts for Chelsea in the context of the player Adrian Mutu’s complaint to the European Commission that the award against him and in favour of the club of €17 million in compensation for breach of contract, is in breach of Articles 45, 101 and 102 TFEU. The player alleges that a transfer system that can create such massive personal liability on breach infringes Competition and Free Movement law. - PhonePayPlus v mBlox (Regulatory Tribunal 2010)
Represented the telephone and internet premium rate service regulator on a test case brought by mBlox in relation to the meaning of the “mere conduit provisions” in the e-Commerce Directive. - Chelsea Football Club v RC Lens and FIFA (CAS 2009/A/1976, Court of Arbitration for Sport, Lausanne, February 2010)
Acted for Chelsea Football Club on its appeal before CAS against the FIFA decision to ban Chelsea from signing new players for two transfer windows, as a result of its signature of the 16 year old Gael Kakuta who had previously been at RC Lens. The basis for the appeal was that (1) the player had no contract that could be breached and (2) in any event rules hindering a young player from moving club, and in any event such a ban on signing new players, is contrary to EC competition and free movement law, and French and Swiss law. A stay of the ban was obtained from CAS pending trial, and the case settled when the evidence demonstrated that the player had no valid contract under French law with Lens. - International Tennis Federation v Richard Gasquet (ITF Tribunal, Tim Kerr QC chairing, 29-30 June, 15 July 2009; 10 November 2009, Court of Arbitration for Sport, Lausanne, CAS 2009/A/1926, Award December 2009)
Successfully established at first instance that if anti-doping rules give rise to an automatic sanction that is disproportionate, it falls to be disregarded. On appeal the issue did not need to be addressed. - Compatibility with Competition and Free Movement Law of Sports Governing Bodies’ Rules (2005 - ongoing)
He regularly advises a large number of sports governing bodies on the development of their rules in accordance with, and litigation threatened on the basis of, the competition and free movement rules, including between 2005 and 2010 the Football Association in relation to the Football Players Agents Regulations, the IRB in relation to various rules including the Rugby Player Release Rules, the organisers of Rugby World Cup in relation to the 2007 and 2011 tournaments, and Rugby Football League in relation to the closed league structure. He has recently advised the FA on the adoption of Anti-Doping Whereabouts Rules and the Football League on its fit and proper person test, in the wake of Silvio Briatore’s ban from Formula One by FIA and questions as to the ownership of Notts County. - Public procurement (2005 - ongoing)
In the context of public procurement, he regularly advises providers on a number of different aspects of public procurement law. He has extensive recent public procurement experience, including in the contexts of Waste Disposal; Ministry of Defence Housing refurbishment and replacement, Submarine Escape Systems, Hospital Gases, Mapping Services, Health Care Provision as well as numerous local authority and other contracting authority developments and repair arrangements. He was Counsel in the important reported Court of Appeal procurement cases Matra v Home Office and Jobsin.co.uk Plc v Department of Health.
Other cases
- MyTravel v European Commission (European Court of First Instance, April and May 2008, Judgment 9 September 2008)
- Dwain Chambers v British Olympic Association (Queens Bench Division, Mackay J, 9, 17 and 18 July 2008) [2008] EWHC 2028 (QB)
- R (on the application of Unitymark and the NSFO) v DEFRA (Administrative Court and European Court of Justice) [2003] EWHC 2748 [2004]; Eu. L.R. 338 ECJ - [2006] E.C.R. I-2689; [2006] 2 C.M.L.R. 21
- Adidas v International Tennis Federation (Chancery Division) [2006] EWHC 1318 (Ch) and 2007
- International Sports Investment v International Rugby Board (Chancery Division) (2007)
- Rugby Football Union v Westminster Hospitality and Events Ltd (Chancery Division); Rugby Football Union v Eventco (Chancery Division) (2007)
- Newcastle United Football Club v FA and FIFA (Michael Owen) (2007)
- British Waterways Board v Thames Water Utilities (2007)
- Ashley Cole (OFT)
- British Telecom Plc (OFCOM)
- Fulcrum v Commissioners of Customs & Excise (VAT and Duties Tribunal and European Court of Justice, Joined Cases C-354/03 C-355/03 C-484/03 [2006] Ch. 218)
- Storecards (Competition Commission)
- Consumer Warranties (Competition Commission)
- Commissioners of Customs & Excise v Anchor Foods Limited [1999] 1 WLR 1139 ChD; [1998] V&DR 32; VAT and Duties Tribunal (T Wallace, Chairman), 27 January 1998, 24 November 1998, 4 May 1999, 27 May 1999, 8 March 2000, 18 July 2000, 25 January 2001, 19 October 2001, 4 July 2002; Divisional Court (Dyson J) 26 June 1998; Chancery Division (Neuberger J) 9 February 1999, 26 February 1999 ([1999] 1 WLR 1139), 20 April 1999, 8 July 1999, 18 October 1999, 21 February 2000, 30 March 2000; Court of Appeal 19 June 2000; House of Lords 24 July 2001
- Jobsin.co.uk Plc v Department of Health, Collins J, 15 March 2001, Blofeld J, 8-10 May 2001, Court of Appeal (Thorpe, Dyson, Astill LJJ), 11-13 July 2001, [2001] EWCA CIV 1241; [2001] EuLR 685
- R v Chief Constable ex p. International Traders Ferry [1997] 3 WLR 132, CA; [1999] 2 AC 418 House of Lords
- Matra v Home Office, Rattee J 31st July 1998, unrep; [1999] 1 WLR 1646, [1999] EuLR 635 (CA)
- R v MAFF ex p. Quarantine Abolition Fighting Fund, Owen J, the Independent 15 October 1999
- Cardiff v Welsh Rugby Union; WRU v Swansea; notification of the WRU's rules to the European Commission and to the OFT; Complaint before the European Commission and the OFT 17 March 1998 and 29 July 1998 [1999] EuLR 195.
- The Three Graces case R v Secretary of State for National Heritage and Trustees of the National Heritage Memorial Fund ex parte John Paul Getty Museum [1997] EuLR 407
- Edwards v BAF and IAAF [1998] 2 CMLR 363
- Leyland DAF v Automotive Products plc [1994] 1 BCLC 245 (CA)
- Talksport v RAJAR
Sport
Adam Lewis has for some time been recognised as the leading expert on sports law at the Bar. He has appeared in many of the leading cases. He co-edits the principal textbook, Lewis and Taylor, Sport: Law and Practice, 2nd Edition Tottel 2008, a third edition of which is under preparation. He taught on the Kings College London Sports Law Course and now teaches on its replacement the BASL De Montfort Sports Law Course. He sits as Chair on various sports tribunals.
He has used his experience in the fields of public, EU and competition law to develop the content and application of the law in the context of sport.
He regularly advises national and international sports governing bodies, clubs and individual competitors, and appears on their behalf before the courts and tribunals (national and the Court of Arbitration for Sport in Lausanne) and regulatory authorities. He has acted in a vast range of different sports. His sports law work covers the full range from the legality of governing bodies’ rules and actions to disciplinary and drugs related work to, and from player/club disputes to the commercial exploitation of sport through broadcasting, sponsorship and merchandising.
For example recently alone he has acted for amongst others: Football: FIFA, UEFA, FA, FAPL, Football League, Gibraltar FA, Wembley Stadium, Liverpool FC, Chelsea FC, Newcastle United FC, Fulham FC, Wigan AFC, Sheffield Utd FC, Leyton Orient FC and Juventus, Nike, IMG, Octagon, Media Partners, various broadcasting rights holders, investors in football registrations, a number of other clubs and a number of players and agents. Rugby: IRB, Rugby World Cup Limited, Six Nations Committee, Lions Committee, RFU, WRU, the Rugby Football League, Wasps, Saracens, Bristol RFC, Widnes Vikings and Wales and Lions full back Lee Byrne, and a number of other players and coaches. Cricket: ICC, ECB, BCCI, Neo Sports, the holder of the broadcasting rights in India, GCC, holder of the broadcasting rights from the ICC until 2007, a number of players, and Kookaburra the equipment manufacturer. Tennis: Richard Gasquet and Mariano Puerta, the International Tennis Federation, the Grand Slam Committee, the LTA, the All England Club and a number of other players. Formula One: FOM/FOA, the organisers of the Turkish Grand Prix, and BAR Honda. Athletics/Olympics: the British Olympic Association, UK Athletics, UK Anti-Doping, the former IOC Vice President Kim Un-Yong, and various athletes. Horse Racing: a number of jockeys and a stud farm. Gymnastics: Irina Viner, the Russian coach; and a judge subject to disciplinary proceedings. Boxing: Joe Calzaghe, Ricky Hatton and Amir Khan, each world champion at their weight and the regulatory authority the BBBC. Judo: the BJA and current World Champion and Olympic gold medallist Wen Tong. Swimming: Speedo. Golf: Titleist; various sponsors. Sailing: an America’s Cup team.
Current and recent work
- WADA and UCI v Contador (Court of Arbitration for Sport, 2011 – current)
Currently acts for the 2010 Tour de France winner Alberto Contador in his defence of an appeal brought by WADA and the UCI before CAS in relation to the cyclist’s acquittal of doping during the 2010 race. - R (Tottenham Hotspur FC) and Leyton Orient FC v Newham Council, OPLC, Mayor of London, and Secretary of State for Culture Media and Sport ; Leyton Orient FC v Football Association Premier League (High Court and FA Rule K arbitration, 2011 - current)
Currently acts for Leyton Orient in its judicial review applications in relation to the legality (in terms of the state aid rules and vires) of Newham’s loan to its joint venture vehicle with West Ham FC to allow it to bid for the Olympic Stadium, the OPLC’s decision to recommend that bid, and the Mayor’s and Secretary of State’s decision to accept that bid (public procurement and competition law). Also acts for Leyton Orient in its challenge to the legality of the Premier League’s decision to permit West Ham to move to the stadium, which includes a claim based on abuse of a dominant position by the Premier League. - Adamu v FIFA (Court of Arbitration for Sport, Lausanne - current)
Currently acts for FIFA on Adamu’s appeal against his suspension from the administration of international football for failing to refuse an offer of a bribe in relation to bids to host the World Cup. Adamu appeals on the basis that the evidence against him was the product of a Sunday Times sting operation, and so was illegally obtained and involved entrapment, infringing his human rights. - Olympics Sponsor v LOCOG (current)
Currently acts for an Olympic sponsor on the obligations of LOCOG to prevent ambush marketing by a competitor. - Manager v Club (current)
Currently acts for a club in relation to its obligations to pay bonuses under its employment contract with its former manager. - Premier League Club shareholder
Currently acts for an owner of a minority of shares in a Premier League Club as to his rights. - ITF v WTA (current)
Currently acts for the ITF in relation to a dispute with the WTA as to the status and place in the calendar of the Hopman Cup. - London 2012 Olympics Tickets (2010 – current)
Currently advising in relation to the terms on which London 2012 Olympics Tickets are supplied. - ESPL v ECB, ICC, and BCCI (High Court October 2010 - current)
Currently acts for the cricket authorities defending the action brought by ESPL, the organiser of the Indian Cricket League, which alleges that the cricket authorities have acted anti-competitively by excluding ESPL’s event in order to protect the rival Indian Premier League. ESPL alleges that the ECB in England has breached its obligations under the Competition Act. Succeeded in obtaining a stay of the English proceedings pending the decision of the Indian Court of Appeal as to whether to issue an anti-suit injunction against ESPL, on the basis that t ESPL is already suing the BCCI in India in related proceedings. - Mutu v Chelsea, the FA and FIFA (Response to Complaint to European Commission and European Court of Human Rights proceedings, 2010 - current)
Chelsea v Juventus and Livorno (FIFA DRC, current)
Chelsea v Mutu (2007-2010, FAPL Appeal Committee, FIFA Dispute Resolution Chamber, CAS (CAS 2008/A/1644), Swiss Federal Court)
FA v Chelsea (FA Disciplinary Commission)
Currently acts for Chelsea in the context of the player Adrian Mutu’s complaint to the European Commission, and the European Court of Human Rights that the CAS award against him and in favour of the club of €17 million in compensation for breach of contract, is in breach of Articles 45, 101 and 102 TFEU and contrary to his human rights. The player alleges that a transfer system that can create such massive personal liability on breach infringes Competition and Free Movement law and the Convention. Also currently acts for Chelsea in its claim before the FIFA DRC to recover the award against Adrian Mutu’s “new club” under the rules Juventus (or conceivably Livorno) and acted the club the original litigation that secured the award. Also represented Chelsea in two sets of FA proceedings brought against the Club for private drug testing and in relation to Leeds players, and advised the Club in the context of Mikel, and acted on its behalf in the Kakuta case. - Michael Harrison v Andy Carroll (FA Rule K arbitration, trial settled after several hearings in 2011)
Acted for Andy Carroll in the FA Rule K arbitration claim against him by Michael Harrison who claims to have been his agent and to be entitled to commission on the Player’s contracts with Newcastle United FC and Liverpool FC. Issues included the validity of any representation contract. - FA v Kolo Touré (FA Disciplinary Proceedings, 2011)
Acted for the Manchester City Player Kolo Touré in his successful defence of a doping charge brought by the FA, securing a reduction in the normal two year suspension to six months . - Football Association Mixed Football and other matters (2011)
Acted for the FA in its adoption of changes in the rules relating to mixed football to allow boys and girls to play on the same team, in the light of the changes in the Equality Act Regularly acts for the FA in relation to a range of other matters. - FA v Queen’s Park Rangers FC (FA Disciplinary Hearing, February and May 2011)
Acted for the FA in its successful prosecution of QPR on charges in relation to third party influence and use of unauthorised football agents, a case concluded just before QPR’s final match of the 2010/2011 season that generated very substantial press coverage. - British Olympic Association v LOCOG and IOC (Court of Arbitration for Sport, 2011)
Acted for the BOA in its dispute with the London 2012 organisers LOCOG and the IOC over the distribution of profits from the 2012 Games. - FA Premier League (April 2011)
Advised the Premier League in relation to a proposed rule change - Amir Khan (April 2011)
Advised in relation to promotion of an Amir Khan bout. - UK Anti-Doping (2011)
Acted for UK Anti-Doping in two matters in relation to the application of WADA compliant anti-doping rules. - Wen Tong v IJF (CAS 2011)
Acted for the world champion and olympic gold medallist judoka in her successful appeal to CAS against a doping conviction based on the finding of a tiny quantity of clenbuterol. The judoka was acquitted on the basis that failings in the process precluded the IJF from establishing guilt. - Ashton v The Football Association (2011)
West Ham v The Football Association (2011)
Acted for the FA on the claim made against it by Dean Ashton following his career ending injury whilst on England duty, and for the FA on the threatened claim made against it by his former employer, West Ham, for its loss as a result of losing him as a player. - Rio Football Services v Sevilla (Fabiano) (settled before trial in 2011 following High Court hearings in November 2010, September 2010, June 2010 and December 2009)
Acted for the financier Rio in its claim to recover debts from Sevilla. The Spanish Club initially sought a stay of the High Court action in favour of CAS arbitration but failed. The Spanish club then contended unsuccessfully that the arrangements that financed its acquisition of the Brazilian striker Fabiano, under which the debts arose, were unlawful because they amount to slavery, restraint of trade, a penalty, and breach of the FIFA Rules. All of these arguments were rejected and permission to appeal was refused first on the papers and then following a hearing at the end of 2010. The matter settled before trial of the remaining issue. - United Kingdom Athletics (2011)
Advised UKA as to whether a national federation can make an announcement that an athlete subject to its rules has been charged with a doping offence when UK Anti-Doping, the National Anti-Doping Organisation does not propose to do so prior to conviction. - RFU v Wasps (November 2010)
Wasps v Premier Rugby Limited (PRL Appeal Committee, December 2009)
Acted for the club in November 2010 in relation to its accidental fielding of an ineligible player . A year before acted for the club in the successful defence of charges that it had refused to play a fixture at Sale contrary to the rules. Litigation became known as “mudgate”, as Wasps had objected to the state of the pitch. - Hi Media Ltd v FA Premier League (July 2010)
Advised a broadcaster on a dispute with the FAPL over a contract granting rights to broadcast Premier League matches in Nigeria. - BOA Eligibility Bye-law (June 2010 and ongoing)
Advised the BOA further on the terms of its eligibility bye-law in the light of the IOC’s adoption of Rule 45 and recent cases in relation to that rule. Has regularly advised the BOA on the bye-law over the last few years, and regularly advised and appeared on behalf of the BOA in cases involving its application, including recently Dwain Chambers (2008); Carl Myerscough (2008) and Christine Ohuruogu v BOA (Arbitration Nov 2007). - RFU v Venter and Brits (RFU May 2010)
Acted for Saracens player Schalk Brits and coach Brendan Venter in first instance and appeal disciplinary proceedings, ensuring the appearance of the player in the Premiership Final and the coach being cleared of assaulting a fan. - Appiah v Fenerbahce (CAS 2009/A/1856, April 2010)
Represented the player in his successful defence of an action brought against him by the club claiming compensation for allegedly terminating his playing contract without just cause. The Player was held to have left in breach although he left because he feared that the quality of the medical care that he received was inadequate, but no compensation was payable because the player would in fact have been unable to play for the remainder of his contract. Compensation under the FIFA rules fell to be calculated by reference to actual loss, not the mechanistic application of the criteria set out in the rules. - Devyatovskiy and Tsikhan v IOC (CAS 2009/A/1752, 2010)
Represented the two athletes on their successful appeals to CAS against IOC doping convictions at the Beijing Olympic Games. It was decided that the Beijing laboratory and the IOC had failed to establish to the requisite degree of satisfaction that the samples testing positive were the athletes or that testosterone found was exogenous as opposed to endogenous. It is one of the very few cases in which an attack on the reliability of the science underlying positive findings has been successful. - Chelsea Football Club v RC Lens and the Fédération Internationale de Football Association (Kakuta) (CAS 2009/A/1976, Court of Arbitration for Sport, Lausanne, February 2010)
Acted for Chelsea Football Club on its appeal before CAS against the FIFA decision to ban Chelsea from signing new players for two transfer windows, as a result of its signature of the 16 year old Gael Kakuta who had previously been at RC Lens. The basis for the appeal was that (1) the player had no contract that could be breached and (2) in any event rules hindering a young player from moving club, and in any event such a ban on signing new players, is contrary to EC competition and free movement law, and French and Swiss law. A stay of the ban was obtained from CAS pending trial, but the case settled when the evidence demonstrated that the player had no valid contract under French law with Lens. - Lee Byrne v ERC (ERC Appeal Committee, February 2010)
Acted for the Wales and Lions full back Lee Byrne on his appeal against a ban for entering the field as a sixteenth player when playing for Ospreys, which would have resulted in the player missing England v Wales in the Six Nations. Succeeded in having the ban on the player lifted. - Football Agent v The Football Association (FA Rule K arbitration, February 2010)
Acted for the FA in a claim for damages brought against it by a football agent in relation to the way in which the FA had carried out its regulatory functions. The agent claimed unsuccessfully that alleged breaches of quasi public law obligations to act lawfully (including in compliance with Data Protection legislation), rationally and fairly, sounded in damages. - Application and legality of Sports Governing Bodies’ Rules (2005 - ongoing)
He regularly advises a large number of sports governing bodies on the application and legality of their rules, in advance of and in the context of litigation, including between 2005 and 2010 the Football Association in relation to the Football Players Agents Regulations, the IRB in relation to various rules including the Rugby Player Release Rules, the organisers of Rugby World Cup in relation to the 2007 and 2011 tournaments, and Rugby Football League in relation to the closed league structure (including most recently in November 2010 on the impact of a club’s insolvency on that closed league structure). He has recently advised the FA on the adoption of Anti-Doping Whereabouts Rules and the Football League on its fit and proper person test, in the wake of Silvio Briatore’s ban from Formula One by FIA and questions as to the ownership of Notts County. - International Tennis Federation v Richard Gasquet (ITF Tribunal, Tim Kerr QC chairing, 29-30 June, 15 July 2009; 10 November 2009, Court of Arbitration for Sport, Lausanne, CAS 2009/A/1926, Award December 2009)
Acted for the player, who had tested positive for cocaine, a substance banned in competition only, on his withdrawal from an event without playing in it. Testing on withdrawal was deemed under the rules to be testing in competition. Expert evidence obtained for the player demonstrated that only a tiny amount of the drug must have been inadvertently ingested in the 12 or so hours before testing. It was established that it was more likely than not ingested through kissing a girl contaminated with cocaine, during the night before the sample was collected. The player argued that he had acted with no fault or negligence, which would mean that no ban should be imposed. That standard is however very rarely met, and he succeeded only in establishing that he had acted with no significant fault or negligence, reducing his ban from two years to one year. But then in addition, he was able to persuade the panel that a year’s ban was disproportionate and unlawful in the circumstances of the case, because the player had not in any normal sense been in competition when the substance was inadvertently ingested, since he had already decided to withdraw from the event through injury without playing any part in it. The panel substituted a sanction of 2½ months. This was on the basis of the principle that WADA automatic sanctions must be dis-applied if disproportionate, which principle Adam Lewis had successfully advanced before CAS in Puerta v ITF, in which case an eight year ban had been reduced to two years. Both the ITF and WADA appealed to the Court of Arbitration for Sport in Lausanne. In particular they were concerned as to the dis-application of the mandatory sanctions. The case was heard on 10 November 2009. On the appeal, CAS was persuaded that far from increasing the sanction imposed, it should reduce it, on the basis that the Player was in fact correct that he had acted with no fault or negligence. This represents one of the very few occasions on which CAS has ruled that a player satisfied this standard. - British Broadcasting Corporation Worldwide v UK Athletics (High Court, November 2009)
Acted for the United Kingdom governing body for Athletics in an action brought against it by the BBC is respect of the international TV rights to Athletics events held in the UK. The BBC alleged that it was entitled to the rights, UKA alleged that due to the international reorganisation of athletics, it was entitled to cease to provide the rights. Case settled just before trial in November 2009 - Cardiff Blues, Llanelli Scarlets, Neath Swansea Ospreys and Newport Dragons v Welsh Rugby Union (High Court, September 2009)
Represented the Welsh Rugby Union in an action brought against it by the four Welsh rugby regional organisations over player release for the 2009 autumn internationals between Wales and Southern Hemisphere teams. The four regions sought a declaration that the WRU was not entitled to release of players for the match against New Zealand at the beginning of November 2009. The matter was set down to be heard in September 2009, and was fully prepared, but settled immediately before trial. The players were released. - Gibraltar Football Association v UEFA (2003-September 2009, judgment pending, CAS 2007/O/1237)
Numerous CAS hearings, the last in September 2009, in relation to the GFA’s attempt to secure membership of UEFA. Successfully represented the GFA in its first and second arbitrations against UEFA, in which the CAS ordered UEFA to grant provisional membership to the GFA. On the third arbitration, GFA successfully established the jurisdiction of CAS, and UEFA’s appeal to the Swiss Federal Court, was rejected. A substantive hearing before CAS took place in September. Award on the third arbitration is pending. - Wembley v Sporting Events Worldwide Ltd (2009 High Court action, settled)
Acted for the stadium in Wembley v Sporting Events Worldwide Ltd a High Court action in relation to ticketing that settled in 2009. - Sports Network v Joe Calzaghe (17 June 2009 Court of Appeal )
Appeared for the boxer at the oral hearing of Frank Warren’s Sport Network’s application for permission to appeal, which was refused. - Sheffield United v West Ham (FA Rule K arbitration, Lord Griffiths chairing, 2007-2009; Commercial Court Teare J 10 November 2008 [2008] EWHC 2855 (Comm))
Acted for Sheffield in its success early in 2009 in obtaining substantial damages for from West Ham for breach of the FAPL rules which led to Sheffield being relegated in West Ham’s place. The FA Rule K arbitral tribunal held first on a trial of preliminary issues that in principle damages are available to one club for breach of the FAPL rules by another club (2008). It then held that West Ham was in breach and the breach caused Sheffield’s loss (2008). West Ham then attempted to appeal to CAS, although no appeal lay. Sheffield went to the Commercial Court for an injunction to restrain West Ham from making an appeal to CAS where no appeal lay. Before the quantum hearing in 2009, the case settled, with Sheffield securing substantial compensation from West Ham. - Stretford v FA (Chancery Division) [2006] EWHC 479 (Ch); [2007] EWCA Civ 238 (CA) FA Rule K Arbitration, FA Regulatory Commission, FA Appeal Commission 2006-2009)
Successfully brought to an end in 2009 the long running litigation between the FA and the agent Paul Stretford. Originally successfully represented the FA in the Chancery Division and the CA in obtaining and retaining a stay of Paul Stretford’s High Court challenge to the compliance of the FA’s disciplinary process with Article 6 of the European Convention on Human Rights, in the context of the FA’s making of disciplinary charges against him in relation to the circumstances in which he became Wayne Rooney’s agent. The matter also involved the application to sports governing body disciplinary action of the Meadow v GMC decisions (Collins J and CA) in relation to witness immunity from prosecution. The CA determined that FA Rule K referring such challenges to arbitration was not itself contrary to Article 6. Following the stay, Mr Stretford’s application fell to be heard by arbitration. Adam Lewis successfully persuaded Sir Martin Nourse as the Chairmen of the Arbitral Panel that the arbitration challenging the Article 6 compliance of the system should not be heard until after the disciplinary charges had themselves been heard. The Regulatory Commission determined as preliminary issues that the validity of the FA’s substantive disciplinary structure could not be successfully impugned on Article 6 grounds (February 2008), and that the CA’s decision in Meadow meant that disciplinary proceedings could be pursued in respect of what a respondent had said as a witness in other criminal proceedings. When the substance of the charges was heard, Mr Stretford was found to be guilty as charged (Summer 2008). Mr Stretford appealed to an FA Appeal Commission, and he appeal was rejected. Mr Stretford resumed his challenge before the FA Rule K arbitration, but in 2009 that challenge was withdrawn.
Other cases
- Sheffield United v FAPL (arbitration, Commercial Court, 2007)
- Dwain Chambers v British Olympic Association (Queens Bench Division, Mackay J, 9, 17 and 18 July 2008) [2008] EWHC 2028 (QB)
- Greater Manchester Police v Wigan AFC (Chancery Division, Mann J 8-19 October 2007, 10 March 2008) [2007] EWHC 3095 (Ch); Court of Appeal 11 November 2008, 19 December 2008 [2008] EWCA Civ 1449
- Leeds v The Football League (arbitration Sir Philip Otton, Peter Leaver QC, Peter Cadman) (2008)
- Neo v Star (2008)
- Carl Myerscough v BOA (2008)
- Christine Ohuruogu v BOA (Arbitration November 2007)
- Sankofa and Charlton v FA (Commercial Court, Simon J 2007)
- Coach A v UK Athletics (SDRP) (2007)
- Adidas v International Tennis Federation (Chancery Division) [2006] EWHC 1318 (Ch) and 2007
- International Sports Investment v International Rugby Board (Chancery Division) (2007)
- Rugby Football Union v Westminster Hospitality and Events Ltd (Chancery Division); Rugby Football Union v Eventco (Chancery Division) (2007)
- Newcastle United Football Club v FA and FIFA (Michael Owen) (2007)
- Ashley Cole (OFT) (2005)
- Sports Network, Frank Warren v Ricky Hatton (QB Division) (2005-2006)
- ITF v Puerta (ITF Disciplinary Panel, CAS) CAS 2006/A/1025; I.S.L.R. 2006, 4(NOV), SLR149-174
- FIFA v Liverpool FC; FA v Liverpool FC (2006) (FIFA Dispute Resolution Chamber, FA Disciplinary Commission)
- Juventus
- Turkish Grand Prix, US Grand Prix
- Alain Baxter v IOC
- Walker v UKA, IAAF; IAAF v UKA (Toulson J, 3 July 2000, Hallett J, 25 July 2000)
- Football Association v Fulham FC
- Wimbledon FC v the Football League
- Newcastle v Football Association of Wales
- Sunderland AFC v Uruguay Montevideo, Blofeld J (March 2001)
- Olympique Lyonnais v Al Fayed and Fulham, Burnton J, 4 March 2003
- Wimbledon v Birmingham
- Fulham v Valencia
- Patrick Vieira
- Yaya Toure
- De Lucas
- Camara
- Dennis Roach v Football Association (2002)
- Football Association v Club D
- Metro Sports v Football Association
- CSI Octagon
- Hospitality Group v the Football Association, Scott VC (High Court 1996)
- Scott & Jones v Football Conference (High Court 2002)
- MTV v Formula One Management
- Phoenix v FIA, Formula One Management and Formula One Administration Morritt VC (22 May 2002)
- Economist v Formula One Management
- Moodie v Honda Motorcycle Racing
- Myerscough v British Olympic Association (2004)
- Edwards v BAF and IAAF [1998] 2 CMLR 363
- Rugby World Cup Limited 1999 and 2003
- Lions Committee 2001 tour
- Cardiff RFC v Welsh Rugby Union, Buckley J, 17th March 1998; Eady J, 29th July 1998 [1999] EuLR 195
- Aberavon v Welsh Rugby Union, (2002)
- Ynysybwl v Welsh Rugby Union (2002)
- Sporting Exchange v Levy Board
- Graham Bradley v Jockey Club [2003] I.S.L.R SLR-71
- Jockeys' Association of Great Britain
- Pothas v ECB
- Cairns v ECB
- Global Cricket Corporation v ICC
- Global Cricket Corporation v SET
- Global v Buena Vista
- Grand Slam Committee
- All England Lawn Tennis Club v X
- ITF v B
- RPT v Lawn Tennis Association
- Lawn Tennis Association v A
- IMG
- Vivien Saunders v St Andrew's
Other relevant experience
Publications:
Lewis and Taylor, Sport: Law and Practice, 2nd Edition Tottel 2008, the principal UK sports law text, with a third edition under preparation.
Regularly speaks at conferences and contributes to periodicals.
Lecturing:
Lectured on the Kings College London Sports Law course and its replacement, the British Association for Sport and the Law and De Montfort Sports Law course.
Other Information:
VAT registration number: 494806311
