Nick De Marco KC

Advising Cristiano Ronaldo & Saudi club, Al Nassr on regulatory matters.

Nick De Marco KC acted for Coventry City with respect to charges brought by the EFL alleging it failed to fulfil three fixtures at the beginning of the 2022/23 season. The EFL and the Club entered an Agreed Decision with respect to the charges whereby the Club agreed to a five (5) point deduction to be suspended for the remainder of the 2022/2023 season and the 2023/2024 season. A copy of the Agreed Decision is available here.

Nick (leading Natasha Simonsen) is acting for IPS law and the Global Sports Data & Technology Group representing players across football, cricket and rugby in landmark legal action concerning the commercial exploitation of players’ tracking and performance personal data by betting companies and other third parties.

Nick successfully acted for the Watford and Morocco international midfielder in regulatory and appeal proceedings brought by The FA. The Player had been charged with a breach of FA Rule E1.1 by allegedly spitting at an opposing player towards the end of their Championship game against Swansea City in October 2022. The charge was dismissed by the Commission, and The FA’s appeal was dismissed by the Appeal Board. The decision of the Appeal Board provides helpful guidance about the application of the civil standard of proof in FA cases, as well as the threshold for an appeal. The written reasons are available here. 

Nick represented Cristiano Ronaldo before an FA Regulatory Commission in relation to a misconduct charge arising out of a match between Everton and Manchester United on 9 April 2022. The Commission imposed a two-match suspension and fine of £50,000 on Mr Ronaldo. The written reasons are available here.

Nick acted for the former professional cricket player and anti-racism whistle-blower Azeem Rafiq in his unprecedented successful application to have the  ECB’s cricket disciplinary proceedings held in public. Details of the case and issues can be found here. 

Nick has advised and acted for a number of parties (including Premier League Clubs, players and agents) with respect to HMRC tax investigations and recent FA proceedings related to the tax treatment of payments to football agents.

Nick has been involved in advising and acting for a number of football clubs, owners and investors in relation to take-overs of clubs, including many recent high profile Premier League club take-overs and investments.

Nick acted for the Rugby Premier League side Gloucester in a dispute about an alleged Covid 19 cancellation of a match.

Nick acted for the National League club, Southend United, in proceedings relating to alleged breaches of the National League’s financial rules.

Nick acted for the club against the RFU in a competition law challenge to rules preventing promotion because of stadium capacity issues. 

Nick acted for the FAW before an Independent Arbitration Panel considering two disciplinary charges against the JD Cymru Premier league club relating to an ineligible player. The Panel imposed an 18-point deduction on the club, leading to an alteration to the Cymru Premier league table and league fixtures due to the mid-season split.

Nick (alongside Ravi Mehta) represented Mr Ujah in proceedings before the Anti-Doping Division of the Court of Arbitration for Sport (CAS) concerning an alleged Anti-Doping Rule Violation at the Tokyo 2020 Olympics.

Nick (along with Shaheed Fatima KC and Luka Krsljanin) acted for Newcastle United in high-profile arbitral proceedings concerned with which entities would own and/or have the ability to control the club following a takeover. The case settled in October 2021. The Club's takeover was approved after the Premier League received legally binding assurances that the Kingdom of Saudi Arabia will not control the Club.

Nick (leading Tom Richards) represented the Club before an independent Disciplinary Commission considering sanctions for the Club’s breach of the EFL’s Profit & Sustainability Rules. The EFL argued that the sanction should include a substantial deduction of points to be applied in the 2020/21 season, which if applied would have relegated Derby. The Commission found a points deduction would be “wholly disproportionate” and instead imposed a fine of £100,000, a reprimand and ordered the Club to submit revised and restated accounts for the years 2016-2018.

The Commission’s full written reasons are available here.

Nick acted for the National League in an appeal brought by the Club against a 12-point deduction and £40,000 fine imposed upon it for failing to fulfil fixtures in the 2020-21 season. The appeal raised issues related to the impact of the Covid-19 pandemic on club finances and appropriate sanctions. The Club’s appeal was dismissed. The FA Appeal Panel’s Written Reasons can be found here.

Nick acted for Derby County in an appeal by the EFL relating to a disciplinary charge under the Championship Profit & Sustainability Rules. The appeal concerned a charge that Derby’s amortisation policy for player registrations in the financial years 2015/16, 2016/17 and 2017/18 had not complied with Financial Reporting Standard 102.

Nick (along with Shaheed Fatima KC, & Tom Richards) acted for Newcastle United in a case involving an application to remove an arbitrator pursuant to section 24 of the Arbitration Act 1996. The section 24 application was dismissed but the Club was successful in arguing the Court’s judgment should be published in unredacted and un-anonymised form.

Represented Fulham in its claim for compensation for the training and development of Harvey Elliot on his move to Liverpool. The PFCC awarded a record breaking amount of compensation to Fulham for a 16-year old player.

Acted for the Professional Footballers Association in its arbitral challenge to the English Football League’s (EFL) League 1 and League 2 Player Salary Caps – the first salary caps to be introduced in European football. The independent arbitral panel ruled that the EFL acted in breach of the Professional Football Negotiating and Consultative Committee's (PFNCC) constitution by introducing salary caps without proper consideration, consultation or agreement. As a result the Salary Caps were immediately withdrawn.

Nick acted for the Premier League club in contempt of court proceedings brought against a former employee, Craig Kline, with respect to certain tweets and other posts made by Mr Kline in breach of the Court’s orders. Following the hearing of the applications (which Fulham secured be heard in private), Butcher J sitting in the Commercial Court upheld Fulham’s two committal applications on 25 November 2020 and fined Mr Kline £25,000 following a sanctions’ hearing on 12 January 2021.

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 appeared for DCFC.

Nick  (along with John Randall KC 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 KC 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 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 acted 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 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 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 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 acted 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 acted for the Championship club in international dispute about player transfer before the Court of Arbitration for Sport. 

Advised FIFA in relation to ongoing litigation.

Nick acted 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. The case involved important restraint of trade arguments and was settled out of 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.

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. 

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 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.

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 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.

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  (along with John Randall KC 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.

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. 

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. 

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

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.