Nick De Marco QC

A League Arbitration Panel (Charles Hollander QC, Rt Hon Lord Dyson, David Phillips QC) considered the ability of a non-party to appeal a Disciplinary Commission decision under the English Football League Regulations. The League Arbitration Appeal Panel concluded there was no jurisdiction for MFC to bring its own appeal, and it did not meet the relevant test of standing to intervene in the EFL appeal. Nick De Marco QC appeared for DCFC.

Nick De Marco QC instructed by Squire Patton Boggs (UK) LLP (along with John Randall QC and Mark Grant) acted for Sheffield Wednesday in arbitral and disciplinary proceedings between the EFL and the Club relating to its sale of the Hillsborough stadium and the Championship Profit and Sustainability Rules. The decisions of the Disciplinary Commission on liability and sanction are available here. Please also find the written reasons here.

Nick De Marco QC is part of a team of lawyers and experts representing gymnasts who claim to have suffered from abusive practices and culture within British Gymnastics. More details are available here.

Nick De Marco QC successfully acted for Derby County in high profile disciplinary proceedings relating to the Championship Profit & Sustainability Rules. Charge One involved the Club’s valuation of Pride Park Stadium upon its sale in June 2018 and Charge Two its amortisation policy associated with intangible fixed assets (player registrations). Charge One was dismissed and four of the five elements of Charge Two were dismissed. The written reasons can be found here.

Nick De Marco QC is acting for the Professional Footballers’ Association (PFA) with respect to the EFL’s intended League 1 and League 2 Salary Cap, as well as various issues arising from the current Covid-19 health emergency, including football players’ wages and their contractual, employment and collective bargaining rights.

Nick De Marco QC advised the National League (covering level 5 and 6 football in England) about the decision to end the 2019/20 football season resulting from the impact of Covid-19.

Nick De Marco QC successfully acted for Stevenage FC against a charge that the club failed to act towards the EFL with the utmost good faith in requesting and obtaining the League’s permission to postpone the game against Oldham Athletic in November 2019. The reasons can be found here: https://www.efl.com/news/2020/may/efl-statement-decision-taken-by--independent-disciplinary-commission.

Nick De Marco QC represented the Assistant Manager of Huddersfield Town FC following allegations of aggravated misconduct made against him by The FA. The FA dropped all the allegations following a review of the evidence. 

Nick acted for the football player in a case involving betting against FA Rules. The player placed some bets against his own team, but given the exceptional circumstances of the case he was suspended for a period of 2 months, with a 4 further month suspended. Written reasons for the decision are available here.

Nick is acting for the Championship football club in proceedings brought by its former captain for wrongful dismissal.

Successfully represented the Stevenage Assistant Manager and former England Women's manager, Mark Sampson, before an FA Regulatory Commission. The charge that Mr Sampson had made an improper and/or abusive comment that was aggravated by reference to race/colour and/or nationality was dismissed after it was found to be not proven by the Commission.

Acted for Boxing Board of Control successfully resisting application for judicial review.

Acted for Premier League club in international dispute about player transfer. 

Nick is acting for all major UK football agents in a challenge to FIFA's proposed 3% cap on commission.

Advised Scotland Rugby Union in respect to whether Scotland may have been removed from the Rugby World Cup in Japan.

Representing Uruguayan football club in dispute with Brazilian player and club before the Court of Arbitration for Sport concerning the breach of Article 17 of the FIFA RSTP.

Nick represented a football club in international dispute about player transfer before the Court of Arbitration for Sport.

Advised FIFA in relation to ongoing litigation.

Nick is representing the former manager of Alexander Zverev (the second youngest player ranked in the top 10 by the Association of Tennis Professionals) concerning a contractual dispute before the High Court. 

Acted for the former Liverpool and England international player in relation to charges brought against him by The FA who alleged he used abusive and/or insulting words against youth players. The Football Association [The FA] charged Mr Beardsley with three breaches of FA Rule E3 following the conclusion of initial disciplinary proceedings by Newcastle United FC into allegations of misconduct. Mr Beardsley is disappointed by the decision and has throughout categorically denied the allegations.

Successfully acted for Celtic captain Scott Brown in disciplinary proceedings brought against him for misconduct relating to gestures made at the end of a Celtic v Rangers match. The Charge was found not proven.

Successfully acted for Crystal Palace goalkeeper, Wayne Hennessey in charges brought against him for making an alleged Nazi salute at a dinner with other players. The charge was found not proven. The full written reasons are available here.

Acted for the Crystal Palace striker in disciplinary proceedings and then an FA Appeal hearing relating to a charge of misconduct against the Player for “sarcastic clapping”. The Appeal Board’s written reasons are available here.

Acted for West Ham United FC in regulatory proceedings brought by The FA following pitch incursions and protests at the London Stadium during the club’s Premier League fixture against Burnley in March 2018. West Ham was fined £100,000 for the breach. The FA's full written reasons are available here.

Represented the football agent David Manasseh in FA regulatory proceedings relating to a breach of FA rules about agents entering contracts with minors. Mr Manasseh was suspended from intermediary activity for three months ending on 31 December 2018 and fined £50,000. 

Advising Harry Kane, Jordan Henderson, Adam Lallana and a number of other England footballers over their Image Rights agreements whilst playing in the national team.

Acted for the England & Wales Cricket Board in relation to high profile disciplinary proceedings against the English cricket players following their involvement in a street fight and social media breaches. 

Acted for QPR and two Premier League football clubs in arbitral challenges to Football League financial fair play rules based on proportionality and competition law.

Nick De Marco QC represented West Bromwich Albion striker, Jay Rodriguez, successfully dismissing charges of racially aggravated misconduct brought against him by The FA. The written reasons can be found here. 

Represented the football club in leading case about police charges for policing football matches in the High Court and Court of Appeal. Also acted for club in ancillary proceedings establishing important principle that the club had a right to claim monies back in restitution ([2017] EWHC 375 (QB)).

Acted for Defendants in complex team move/restricve covenant case and by football agency against rival football agency and ex consultant agents. Improtant issue about effect of injunction on third parties (ie young players contracted to agents).

Acted for the Premier League Football player in the most high-profile football betting case of the year and then successfully represented the player in his appeal against sanction. 

Represented the Scottish FA in an appeal against FIFA's disciplinary sanctions arising from the controversial "poppy ban" before FIFA and the CAS.

Represented the former owner and the Chairman of Leeds United FC in proceedings to overturn disciplinary sanctions imposed against him by The FA. 

Represented one of the Respondents in multi-million pound arbitral dispute.

Represented Fulham player in disciplinary proceedings concerning Twitter postings

Acted for the Championship Football Club with respect to a professional negligence counterclaim against a leading solicitor's firm.

Acted for the Premier League club in a dispute with a football agent before the CAS.

Acted for Premier League Club in international dispute over player contract

Acted for the top Philippines football club in relation to player registration issues for the Asian Champions League.

Successfully acted for both the ECB and SKY TV in sports broadcast copyright infringement claim against a website and App creator.

Acted for the Premier League football club in international commercial arbitration brought by Dutch club concerning sell on fee and transfers of goalkeeper Michel Vorm, Ben Davies and Gylfi Sigurðsson.

Represented the football agent in high profile regulatory proceedings arising out of a £10 million player transfer.

Acted for player in claim for rectification of a playing contract with club.

Acted for Italian kit manufacturer in commercial/sponsorship dispute with club.

Acted for the organisers of an international golf tour in dispute with sponsors under LCIA rules.

Represented former sporting director in claim for wrongful dismissal and defending counter claim for breach of fiduciary duty.

Successfully represented football player Jake Livermore in FA Anti-Doping hearing following Mr Livermore’s positive test for cocaine. 

Successfully struck out Claimant’s claim establishing that Board’s disciplinary procedures were an arbitration for the purposes of the Arbitration Act.

Acted for Chinese Football Club in CAS claim brought by player.

Successfully acted for Boxing Board resisting Arbitration Act application to have Board removed as arbitrator in dispute between boxers and promoters.

Successfully acted for football club in challenge to FA Council’s decision not to allow club to change its name to Hull Tigers. The Rule K panel set aside the FA’s decision on procedural fairness grounds.

Represented the football club in proceedings concerning breach of dual interests and financial regulations. 

Acted for the UK Association of Football Agents in relation to the changes to Football Agents’ regulations and European Commisison competition law complaint against capping of Intermediary fees.

Successfully acted for the International Sailing Federation in appeal proceedings before the Court of Arbitration in Sport in Lausanne, brought by the sailor arising from a finding of cheating in the Americas’ Cup.

Successfully acted for the British Board of Boxing Control in relation to a European and competition law challenge brought by a manager of boxers and others, in proceedings before the Appeal Stewards of the Board and in the High Court.

Successfully acted for the England & Wales Cricket Board and player in disciplinary proceedings (defending the player) and appeal proceedings (prosecuting the Indian player, Jadeja) arising out of high profile allegations during a Test Match.

Represented the England & Wales Cricket Board in high profile disciplinary and appeal proceedings against Essex County Cricket players related to “spot-betting” fixing in cricket, leading to the lifetime ban of Danish Kaneria. Nick also represented the ECB in the application in the Commercial Court arising out of the same case that led to the landmark decision that a sports appeal process was an arbitration for the purposes of the Arbitration Act. 

Acted for the Championship Football Club with respect to a professional negligence counterclaim against a leading solicitor's firm.

Successfully acted for both the ECB and SKY TV in sports broadcast copyright infringement claim against a website and App creator.

Acted for the organisers of an international golf tour in dispute with sponsors under LCIA rules.

Represented one of the Respondents in multi-million pound arbitral dispute.

Acted for Italian kit manufacturer in commercial/sponsorship dispute with club.

Acted for player in claim for rectification of a playing contract with club.

Acted for car part manufacturer in large contractual dispute with Honda (Led by Robert Anderson QC.

Represented a car dealership defendant in contempt of court proceedings (which were then dropped) brought by the billionaire heiress in relation to a Lamborghini car. He later went on to win the case for his client in a multi-party 7 day High Court trial in which his client was the only one represented solely by junior counsel.

Obtained a search order for an estate agent in a confidentiality case.

Represented the defendant in Contempt of Court proceedings brought by a Russian oligarch in relation to ownership of a Ukranian television station.

Successfully represented (along with Robert Howe QC) a number of the defendants in an important new High Court case on springboard injunctions, restrictive covenants and team moves. 

Acted for the former F1 Team Principal in a substantial high court claim for commission against the F1 team.

Acted for the distributers of the DVD film, ‘American Warships’ in resisting various IP injunctions brought by the producers of the Hollywood ‘Battleship’ movie.

Represented the makers of the Oscar winning movie, Room at the Top in a copyright dispute with the BBC and others about attempts to screen a new screenplay based on the same original novel, (led by Ian Mill QC).

Involved in obtaining various ancillary orders as part of a large civil fraud claim.

Advising Harry Kane, Jordan Henderson, Adam Lallana and a number of other England footballers over their Image Rights agreements whilst playing in the national team.

Acted for QPR and two Premier League football clubs in arbitral challenges to Football League financial fair play rules based on proportionality and competition law.

Represented company in injunction and claim for breach of restrictive covenants.

Represented aircraft manufacturer in injunction and claim for misuse of confidential information.

Acted for Appellant candidate for General Secretary of the GMB union, successfully appealing decision of the Certification Officer that he had not been unlawfully excluded from standing for the election.

Acted for Defendants in complex team move/restricve covenant case and by football agency against rival football agency and ex consultant agents. Improtant issue about effect of injunction on third parties (ie young players contracted to agents).

Represented former sporting director in claim for wrongful dismissal and defending counter claim for breach of fiduciary duty.

Obtained an area restraint non-compete interim injunction for estate agents.

Acted for the broker in respect to an application for an injunction and then a speedy trial in an important case about obligations during employment contracts, termination, notice periods, and the right to injunctive relief.

Represented (along with Paul Goulding QC) the retailer in case involving ‘zero hours’ contract dispute.

Obtained a search order for an estate agent in a confidentiality case.

Successfully represented (along with Robert Howe QC) a number of the defendants in an important new High Court case on springboard injunctions, restrictive covenants and team moves. 

Acted for the bank in a substantial whistleblowing trial brought by the former Finance Director. He is currently acting for the bank in the EAT.

Successfully represented the Respondent in an important application before the Court of Appeal which had the effect of protecting the Respondents from costs orders in employment related appeals where there is a significant public interest. Nick previously (2012) won in the EAT below on a significant issue of trade union and human rights law, and successfully obtained substantial compensation for the Claimants later in the ET (2013).

Nick has successfully represented the Respondent in a number of long discrimination and whistle-blowing trials between the parties in the Employment Tribunal and in resisting appeals in the EAT. He has also obtained multiple costs’ orders against the Claimants including maximum costs order in one of the claims.

Nick has successfully represented the Respondent in a number of long discrimination and whistle-blowing trials between the parties in the Employment Tribunal and in resisting appeals in the EAT. He has also obtained multiple costs’ orders against the Claimants including maximum costs order in one of the claims.

Advised and acted for the Commisison (along with Lord Pannick QC) in landmark case that led to finding that the BNP breached discrimination law by having a whites only membership policy.

Advising Harry Kane, Jordan Henderson, Adam Lallana and a number of other England footballers over their Image Rights agreements whilst playing in the national team.

Successfully acted for both the ECB and SKY TV in sports broadcast copyright infringement claim against a website and App creator.

Acted in film and television arbitral proceedings in dispute with distributors of movie film involving copyright law issues.

Advised movie director in copyright dispute with producer’s estate.

Acted for the distributers of the DVD film, ‘American Warships’ in resisting various IP injunctions brought by the producers of the Hollywood ‘Battleship’ movie.

Represented the makers of the Oscar winning movie, Room at the Top in a copyright dispute with the BBC and others about attempts to screen a new screenplay based on the same original novel, (led by Ian Mill QC).

Acts for the Publisher in a copyright dispute with the author.

Nick De Marco QC instructed by Squire Patton Boggs (UK) LLP (along with John Randall QC and Mark Grant) acted for Sheffield Wednesday in arbitral and disciplinary proceedings between the EFL and the Club relating to its sale of the Hillsborough stadium and the Championship Profit and Sustainability Rules. The decisions of the Disciplinary Commission on liability and sanction are available here. Please also find the written reasons here.

Represented the football agent in high profile regulatory proceedings arising out of a £10 million player transfer.

Acted for QPR and two Premier League football clubs in arbitral challenges to Football League financial fair play rules based on proportionality and competition law.

Represented one of the Respondents in multi-million pound arbitral dispute.

Acted for the former Liverpool and England international player in relation to charges brought against him by The FA who alleged he used abusive and/or insulting words against youth players. The Football Association [The FA] charged Mr Beardsley with three breaches of FA Rule E3 following the conclusion of initial disciplinary proceedings by Newcastle United FC into allegations of misconduct. Mr Beardsley is disappointed by the decision and has throughout categorically denied the allegations.

Successfully acted for Celtic captain Scott Brown in disciplinary proceedings brought against him for misconduct relating to gestures made at the end of a Celtic v Rangers match. The Charge was found not proven.

Successfully acted for Crystal Palace goalkeeper, Wayne Hennessey in charges brought against him for making an alleged Nazi salute at a dinner with other players. The charge was found not proven. The full written reasons are available here.

Acted for the Crystal Palace striker in disciplinary proceedings and then an FA Appeal hearing relating to a charge of misconduct against the Player for “sarcastic clapping”. The Appeal Board’s written reasons are available here.

Acted for West Ham United FC in regulatory proceedings brought by The FA following pitch incursions and protests at the London Stadium during the club’s Premier League fixture against Burnley in March 2018. West Ham was fined £100,000 for the breach. The FA's full written reasons are available here.

Represented the football agent David Manasseh in FA regulatory proceedings relating to a breach of FA rules about agents entering contracts with minors. Mr Manasseh was suspended from intermediary activity for three months ending on 31 December 2018 and fined £50,000. 

Acted for the Premier League Football player in the most high-profile football betting case of the year and then successfully represented the player in his appeal against sanction. 

Nick De Marco QC represented West Bromwich Albion striker, Jay Rodriguez, successfully dismissing charges of racially aggravated misconduct brought against him by The FA. The written reasons can be found here. 

Acted for the England & Wales Cricket Board in relation to high profile disciplinary proceedings against the English cricket players following their involvement in a street fight and social media breaches. 

Successfully represented football player Jake Livermore in FA Anti-Doping hearing following Mr Livermore’s positive test for cocaine. 

Successfully struck out Claimant’s claim establishing that Board’s disciplinary procedures were an arbitration for the purposes of the Arbitration Act.

Successfully acted for Boxing Board resisting Arbitration Act application to have Board removed as arbitrator in dispute between boxers and promoters.

Successfully acted for football club in challenge to FA Council’s decision not to allow club to change its name to Hull Tigers. The Rule K panel set aside the FA’s decision on procedural fairness grounds.

Represented the football club in proceedings concerning breach of dual interests and financial regulations. 

Represented West Ham and Sakho in case concerning player release for Africa Cup.

Acted for the UK Association of Football Agents in relation to the changes to Football Agents’ regulations and European Commisison competition law complaint against capping of Intermediary fees.

Represented football agents in appeal against ban for misconduct.

Successfully acted for the International Sailing Federation in appeal proceedings before the Court of Arbitration in Sport in Lausanne, brought by the sailor arising from a finding of cheating in the Americas’ Cup.

Successfully acted for the England & Wales Cricket Board and player in disciplinary proceedings (defending the player) and appeal proceedings (prosecuting the Indian player, Jadeja) arising out of high profile allegations during a Test Match.

Represented the football agent, Phil Smith in a successful appeal before the FA Appeal Panel against a ban on Mr Smith practising as a football agent following findings that he had breached provisions of the Agents’ Regulations regarding Third Party Ownership. The case is the first one in which an Agent in the UK has been charged with third party interest in a football player, an area in which Nick has specialist expertise.

Represented the FAW in a High Court challenge brought by the football club concerning their admission into the competition.

Represented the England & Wales Cricket Board in high profile disciplinary and appeal proceedings against Essex County Cricket players related to “spot-betting” fixing in cricket, leading to the lifetime ban of Danish Kaneria. Nick also represented the ECB in the application in the Commercial Court arising out of the same case that led to the landmark decision that a sports appeal process was an arbitration for the purposes of the Arbitration Act. 

Nick acted for QPR in defence of various charges relating to Third Party Investment and Football Agents Regulations. QPR successfully resisted the most serious charges, and the threat of a points deduction was avoided, thus enabling the club to be promoted to the Premier League as winners of the Championship in the most important football legal case since the Tevez litigation.