Peter Charlish | Sheffield Hallam University (original) (raw)
Papers by Peter Charlish
![Research paper thumbnail of Fulham Football Club (1987) Ltd v Jean Tigana [2004] EWHC 2585: Tigana scores away win in battle with Al Fayed](https://attachments.academia-assets.com/109745861/thumbnails/1.jpg)
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Greg Rusedski, the British No.2 tennis player learned yesterday, that he would not be facing a tw... more Greg Rusedski, the British No.2 tennis player learned yesterday, that he would not be facing a two-year ban for testing positive for the banned steroid nandrolone. Rusedski tested positive in July 2003 with a reading of 5 nanograms per millilitre of urine, (the threshold level is two nanograms per millilitre and to give some comparison, Linford Christie had a level of 200 nanograms, C.J. Hunter the American shot putter 2000 nanograms and Peter Korda, the tennis player 40 nanograms, when they were all banned from their respective sports). Rusedski argued that the source of his elevated nandrolone levels were salt tablets actually distributed by the Association of Tennis Professionals (ATP) the governing body of men’s tennis. His defence rested on the fact that seven other samples from players, collected by the ATP had had positive readings and a further 36 had what were deemed to be elevated, but not positive levels (in other words, sufficiently high enough to cast doubt, but not eno...
Junior, (better known as Babe), hit his sixtieth home run in 1927, he etched his name for ever on... more Junior, (better known as Babe), hit his sixtieth home run in 1927, he etched his name for ever on the American consciousness-the first player to achieve such a tally. A home run, the baseball equivalent of a six in cricket, usually occurs when the batter hits the ball out of the field of play. The home run, however, is more significant than any six could ever be. It is the very heart of the game of baseball-what all players strive to achieve and what all fans want to see. That Ruth should hit this record number of home runs befitted his position as the godfather of baseball-the greatest ever player, playing for the New York Yankees, universally regarded as the greatest team. Ruth's record stood for many years, until in 1961, disaster struck. A quiet, unheralded, unassuming player named Roger Maris broke Babe's record. He hit his 61st home run in the very last game of the season, thereby inscribing his own name above Babe's in the record books-only it wasn't quite as simple as that. The league had expanded since Ruth's time, and the season now lasted for 163 games as against 155 in the days of Babe. Rather than receiving the adulation and credit that his feat deserved, Maris was despised for having the temerity to break the great man's record. It was thus therefore that the most famous asterisk in American sports history was created. Because Maris played in a longer season than Ruth, his total was recorded with an asterisk next to it, quite separately from Ruth's-therefore retaining Babe's name in the home run record list and denying Maris the recognition that his feat deserved. Periodically Maris' total was threatened, but never matched or bettered until 1998. It was then that Mark McGwire of the St Louis Cardinals and Sammy Sosa from the Chicago Cubs ran neck and neck in a gripping race for the record until McGwire pulled ahead in the final few games to eventually hit a total of 70 home runs to Sosa's 66. When Ruth hit his 60th home run in 1927, no one could have imagined that the ball he hit would be worth a small fortune. In the case of th McGwire/Sosa battle, Major League Baseball (MLB) were well aware of the potential value and used specially coded balls when either player went in to bat, to ensure authentication in the event of a sale of "the Ball". McGwire's 70th home run ball eventually sold for $3 million. In a sign of different times, the fan who caught the ball that Roger Maris hit to break Babe Ruth's record in 1961 actually returned the ball to Maris in exchange for a photograph, complimentary tickets and an autograph 1. That this deed may be referred to as "returning the ball" to Maris is a point of view shared by many baseball fans, but few lawyers, as will be discussed later. The new record set by McGwire, did not last long, and in 2001 Barry Bonds of the San Francisco Giants hit 73 home runs in one season. Once again, as Bonds closed in on the record, coded balls were pitched to him so that the ball could be authenticated. The final home run was hit at Bonds's home stadium in the final game of the regular season. There was a tremendous feeling of excitement generated by Bonds' pursuit of the record, not just in San Francisco, but throughout the United States. As was later acknowledged, people came to the ground "prepared for the possibility that a record-setting ball would be hit in their direction". 2 Some fans positioned themselves in the part of the arena to which Bonds hit most of his home runs and brought baseball gloves to the stadium,
In the December 2004 edition of J.P.I.L. Peter Charlish wrote about the appropriate standard of c... more In the December 2004 edition of J.P.I.L. Peter Charlish wrote about the appropriate standard of care in sport and recreational situations. A year later he revisits the issue with particular reference to negligence actions arising out of horse racing. ML The sport of horse racing in the United Kingdom has in recent years had to fight accusations of race fixing and bribery scandals. It has also had to deal with three of its major stars facing one another across the courtroom, as one brought an action in negligence against two of his fellow professional jockeys who, he alleged, caused him severe injuries when he fell from his mount in a hurdles race. 2 Although this was the first case of its kind in England and Wales, similar actions have been brought elsewhere in Australia and the United States (under the jurisdiction of New York), and this provides the opportunity to examine the approach that is taken to sports participant negligence in each of the three jurisdictions. The cases all ...
WADA Report on ATP positive Drug Tests On Friday 17 th July 2004 at 1pm British Summer Time the W... more WADA Report on ATP positive Drug Tests On Friday 17 th July 2004 at 1pm British Summer Time the World Anti Doping Agency, (WADA), released it's report into the occurrence of seven positive urine samples of 19-norandrosterone 1 administered by the Association of Tennis Professionals 2 , (ATP), amongst its members between August 2002 and May 2003. In addition to these positive results there were also a further 36 samples that had what were described as elevated levels of nandrolone or its derivatives. These elevated levels are not enough for a player to be banned from competition but they are nevertheless sufficiently high to be of concern to the administrators of the sport and due to their elevated nature cannot be classified as negative. WADA, at the request of the ATP produced their report which related: 3 "On 8 August 2003 ATP formally requested that WADA perform an oversight review of ATP's "investigation and administration relating to the seven player samples collected between August 2002 and May 2003 which were reported as analytically positive for 19-norandrosterone". … WADA undertook to respect the confidentiality of the players involved. No names or other identifying information were provided to WADA when conducting this review". 1 A derivative of nandrolone, which is an anabolic steroid, only available generally on prescription and administered via injection. 19-norandrostendione and 19-norandrostenedoil on the other hand are steroid precursors which may be purchased for oral use without prescription as nutritional supplements in health food stores and over the internet in many countries. (Young, p2) 2 The governing body of men's tennis and the administrators of all men's professional tournaments outside of the "Grand Slam" events of the Australian Open, the French Open, Wimbledon and the US Open 3 WADA, "WADA report on ATP cases", July 2004, at p2
This paper examines the Premier League Elite Player Performance Plan as it applies to children in... more This paper examines the Premier League Elite Player Performance Plan as it applies to children in football. It highlights the one sided nature of the contractual relationship between the young player and the football club and links the current practice as they apply to children with that declared as an unlawful restraint of trade for adults by Eastham v Newcastle United in 1963.
This article considers the issue of the appropriate standard of care for sport and recreational s... more This article considers the issue of the appropriate standard of care for sport and recreational situations in the light of the recent decision of the Court of Appeal in Blake v Galloway which appears to advocate a return to the standard of reckless disregard first advocated in Wooldridge v Sumner, but then clearly retreated from in subsequent case law such as Condon v Basi, Elliott v Saunders, McCord v Swansea Football Club, Watson v Gray and Smolden v Whitworth and Nolan. PC The standard of reckless disregard for issues of negligence in sports and recreational settings which was first advocated in Wooldridge was not wholly embraced when first applied. The approach received trenchant criticism almost as soon as the judgment of the Court of Appeal was handed down. Goodhart, in a withering attack on the finding of the court, stated: ‘‘It is on this point regarding the reckless disregard of the safety of others that the present case seems to introduce a novel element into the law, for ...
International sports law review, 2004
The paper "Lance Armstrong, It wasn't just about the bike", examines the Lance Arms... more The paper "Lance Armstrong, It wasn't just about the bike", examines the Lance Armstrong saga from a comparative perspective, examining what might happen if such a high profile saga erupted in other common law jurisdictions. In doing so, it draws on wider questions around the concept of cheating and the specific nature of doping and the measures in place to combat the threat of widespread abuse of performance enhancing substances. The standard of proof required in questions around non-analytical positives is examined and questions around next steps for sport such as a general amnesty are raised. It is also suggested that the code of silence pervading some sports around doping issues may be combatted by provisions such as the Freedom of Information Act 2000 and that this legislation may help to combat some of the mist that surrounds doping control in sport.
Tort law is playing an increasing role in sport. This is evident both in the professional arena a... more Tort law is playing an increasing role in sport. This is evident both in the professional arena and at amateur level. Within the sport of rugby union, two recent decisions from the English Court of Appeal concerning the liability of referees have caused a certain amount of unease among competitors, referees and sports enthusiasts alike. It is against this background that one should view with interest the latest decision emanating from the Court of Appeal regarding liability for injuries caused on the rugby field. In Mountford v Newlands School [2007] EWCA Civ 21 a schoolmaster in charge of the opposing team was held liable, and his employer school vicariously so, for the injuries caused to a 14-year-old schoolboy who was tackled legally by an opposition player who was over the age of 15 at the time and therefore ineligible to play in the match under the England Rugby Football Schools’ Union (ERFSU) guidelines. The ruling has implications for youth rugby at all levels, in particular ...
The recently decided case, Vowles v Evans 1 , in which the Welsh Rugby Union, (WRU), was held lia... more The recently decided case, Vowles v Evans 1 , in which the Welsh Rugby Union, (WRU), was held liable for the injuries received by a participant following a scrummage during a game of rugby union between Llanharan Second XV and Tondu Second XV, in January 1998, has once again given food for thought to those who participate in contact sports, be that as players, referees or administrators. The WRU accepted vicarious liability for the referee of the day, Mr David Evans, (rather ironically a practising solicitor, specialising in personal injury), for the injuries received by Mr Vowles. It was the first case in which an amateur referee in any sport has been held liable in the context of an adult amateur game. The facts of the case were that there was an injury to the Llanharan Second XV, (Mr Vowles's team), loose-head prop 2 , in the thirtieth minute of the game, necessitating a replacement prop forward. There was no suitably experienced/qualified player to replace the injured loose-head prop and so Christopher Jones acted as replacement. Llanharan then declined the referee's invitation to proceed for the rest of the game with uncontested scrums, (a safety measure designed to account for the presence of inexperienced front row forwards). In the final moments of the game, there was a faulty engagement of the scrum resulting in the injuries received by the plaintiff. Although this case broke some new ground, comparisons can clearly be drawn with another rugby union case, Smoldon v Whitworth and another 3 , where the match referee, in a game at Colts level, was held liable for the injuries received by Ben Smoldon 4 , following a collapsed scrum 5. Smoldon, like Vowles was playing in the
SWEET AND MAXWELLS INTERNATIONAL …, 2004
International sports law review, 2006
... strict liability to issues of doping control, we can identify one of the most coherent argume... more ... strict liability to issues of doping control, we can identify one of the most coherent arguments against allowing the appeal from de Lima to succeed. The code cites Quigley v UIT: ... from Russia and the Canadian couple of Jamie Sale and David Pelletier were ...
Tex. Rev. Ent. & Sports L., 2007
Anti-Doping Inconsistencies Snare American Star Peter Charlish* & Rob Heywood** Abstract This Art... more Anti-Doping Inconsistencies Snare American Star Peter Charlish* & Rob Heywood** Abstract This Article examines the inconsistencies associated with doping control and explains the inequity which results from such inconsistent application, particularly where the violation is ...
Tex. Rev. Ent. & Sports L., 2008
Dwain Chambers was the British sprinter who in 2003 was exposed as one of the central characters ... more Dwain Chambers was the British sprinter who in 2003 was exposed as one of the central characters in the BALCO conspiracy when he tested positive for THG and other illegal performance enhancing substances. In addition to his standard two year ban imposed by WADA, he was also banned from Olympic competition for life by the British Olympic Association. This paper examines the background to that ban and the challenge to the legal status of his lifetime exclusion that Chambers undertook in the High Court.
SWEET AND MAXWELLS INTERNATIONAL …, 2007
Dwain Chambers was the British sprinter who in 2003 was exposed as one of the central characters ... more Dwain Chambers was the British sprinter who in 2003 was exposed as one of the central characters in the BALCO conspiracy when he tested positive for THG and other illegal performance enhancing substances. In addition to his standard two year ban imposed by WADA, he was also banned from Olympic competition for life by the British Olympic Association. This paper examines the background to that ban and the challenge to the legal status of his lifetime exclusion that Chambers undertook in the High Court. Summary
BACKGROUND Oscar Pistorius is a South African sprinter who was aiming to run at the Beijing Olymp... more BACKGROUND Oscar Pistorius is a South African sprinter who was aiming to run at the Beijing Olympic Games in the summer of 2008, either in the 200 meters or the 400 meters. Given his physical condition, this may at first glance have appeared to be a ludicrous proposition. Pistorius was born without fibula bones and consequently had both legs amputated below the knee before his first birthday. He competes using a pair of prosthetic limbs attached to his legs. These J-shaped carbon fiber blades are known as "Cheetahs." 1 The International Olympic Committee ("IOC") and the International Association of Athletics Federations ("IAAF"), after conducting a series of tests, concluded on January 14, 2008 that Pistorius was ineligible for entry into the Games. 2 This Article looks at the circumstances surrounding the decision to ban Pistorius and further examines previous precedent and philosophical argument, which suggest that perhaps Pistorius has
Marquette Sports Law Review, 2011
Legal Information Management, Jun 1, 2012
Greg Rusedski, the British No.2 tennis player learned yesterday, that he would not be facing a tw... more Greg Rusedski, the British No.2 tennis player learned yesterday, that he would not be facing a two-year ban for testing positive for the banned steroid nandrolone. Rusedski tested positive in July 2003 with a reading of 5 nanograms per millilitre of urine, (the threshold level is two nanograms per millilitre and to give some comparison, Linford Christie had a level of 200 nanograms, C.J. Hunter the American shot putter 2000 nanograms and Peter Korda, the tennis player 40 nanograms, when they were all banned from their respective sports). Rusedski argued that the source of his elevated nandrolone levels were salt tablets actually distributed by the Association of Tennis Professionals (ATP) the governing body of men’s tennis. His defence rested on the fact that seven other samples from players, collected by the ATP had had positive readings and a further 36 had what were deemed to be elevated, but not positive levels (in other words, sufficiently high enough to cast doubt, but not eno...
Junior, (better known as Babe), hit his sixtieth home run in 1927, he etched his name for ever on... more Junior, (better known as Babe), hit his sixtieth home run in 1927, he etched his name for ever on the American consciousness-the first player to achieve such a tally. A home run, the baseball equivalent of a six in cricket, usually occurs when the batter hits the ball out of the field of play. The home run, however, is more significant than any six could ever be. It is the very heart of the game of baseball-what all players strive to achieve and what all fans want to see. That Ruth should hit this record number of home runs befitted his position as the godfather of baseball-the greatest ever player, playing for the New York Yankees, universally regarded as the greatest team. Ruth's record stood for many years, until in 1961, disaster struck. A quiet, unheralded, unassuming player named Roger Maris broke Babe's record. He hit his 61st home run in the very last game of the season, thereby inscribing his own name above Babe's in the record books-only it wasn't quite as simple as that. The league had expanded since Ruth's time, and the season now lasted for 163 games as against 155 in the days of Babe. Rather than receiving the adulation and credit that his feat deserved, Maris was despised for having the temerity to break the great man's record. It was thus therefore that the most famous asterisk in American sports history was created. Because Maris played in a longer season than Ruth, his total was recorded with an asterisk next to it, quite separately from Ruth's-therefore retaining Babe's name in the home run record list and denying Maris the recognition that his feat deserved. Periodically Maris' total was threatened, but never matched or bettered until 1998. It was then that Mark McGwire of the St Louis Cardinals and Sammy Sosa from the Chicago Cubs ran neck and neck in a gripping race for the record until McGwire pulled ahead in the final few games to eventually hit a total of 70 home runs to Sosa's 66. When Ruth hit his 60th home run in 1927, no one could have imagined that the ball he hit would be worth a small fortune. In the case of th McGwire/Sosa battle, Major League Baseball (MLB) were well aware of the potential value and used specially coded balls when either player went in to bat, to ensure authentication in the event of a sale of "the Ball". McGwire's 70th home run ball eventually sold for $3 million. In a sign of different times, the fan who caught the ball that Roger Maris hit to break Babe Ruth's record in 1961 actually returned the ball to Maris in exchange for a photograph, complimentary tickets and an autograph 1. That this deed may be referred to as "returning the ball" to Maris is a point of view shared by many baseball fans, but few lawyers, as will be discussed later. The new record set by McGwire, did not last long, and in 2001 Barry Bonds of the San Francisco Giants hit 73 home runs in one season. Once again, as Bonds closed in on the record, coded balls were pitched to him so that the ball could be authenticated. The final home run was hit at Bonds's home stadium in the final game of the regular season. There was a tremendous feeling of excitement generated by Bonds' pursuit of the record, not just in San Francisco, but throughout the United States. As was later acknowledged, people came to the ground "prepared for the possibility that a record-setting ball would be hit in their direction". 2 Some fans positioned themselves in the part of the arena to which Bonds hit most of his home runs and brought baseball gloves to the stadium,
In the December 2004 edition of J.P.I.L. Peter Charlish wrote about the appropriate standard of c... more In the December 2004 edition of J.P.I.L. Peter Charlish wrote about the appropriate standard of care in sport and recreational situations. A year later he revisits the issue with particular reference to negligence actions arising out of horse racing. ML The sport of horse racing in the United Kingdom has in recent years had to fight accusations of race fixing and bribery scandals. It has also had to deal with three of its major stars facing one another across the courtroom, as one brought an action in negligence against two of his fellow professional jockeys who, he alleged, caused him severe injuries when he fell from his mount in a hurdles race. 2 Although this was the first case of its kind in England and Wales, similar actions have been brought elsewhere in Australia and the United States (under the jurisdiction of New York), and this provides the opportunity to examine the approach that is taken to sports participant negligence in each of the three jurisdictions. The cases all ...
WADA Report on ATP positive Drug Tests On Friday 17 th July 2004 at 1pm British Summer Time the W... more WADA Report on ATP positive Drug Tests On Friday 17 th July 2004 at 1pm British Summer Time the World Anti Doping Agency, (WADA), released it's report into the occurrence of seven positive urine samples of 19-norandrosterone 1 administered by the Association of Tennis Professionals 2 , (ATP), amongst its members between August 2002 and May 2003. In addition to these positive results there were also a further 36 samples that had what were described as elevated levels of nandrolone or its derivatives. These elevated levels are not enough for a player to be banned from competition but they are nevertheless sufficiently high to be of concern to the administrators of the sport and due to their elevated nature cannot be classified as negative. WADA, at the request of the ATP produced their report which related: 3 "On 8 August 2003 ATP formally requested that WADA perform an oversight review of ATP's "investigation and administration relating to the seven player samples collected between August 2002 and May 2003 which were reported as analytically positive for 19-norandrosterone". … WADA undertook to respect the confidentiality of the players involved. No names or other identifying information were provided to WADA when conducting this review". 1 A derivative of nandrolone, which is an anabolic steroid, only available generally on prescription and administered via injection. 19-norandrostendione and 19-norandrostenedoil on the other hand are steroid precursors which may be purchased for oral use without prescription as nutritional supplements in health food stores and over the internet in many countries. (Young, p2) 2 The governing body of men's tennis and the administrators of all men's professional tournaments outside of the "Grand Slam" events of the Australian Open, the French Open, Wimbledon and the US Open 3 WADA, "WADA report on ATP cases", July 2004, at p2
This paper examines the Premier League Elite Player Performance Plan as it applies to children in... more This paper examines the Premier League Elite Player Performance Plan as it applies to children in football. It highlights the one sided nature of the contractual relationship between the young player and the football club and links the current practice as they apply to children with that declared as an unlawful restraint of trade for adults by Eastham v Newcastle United in 1963.
This article considers the issue of the appropriate standard of care for sport and recreational s... more This article considers the issue of the appropriate standard of care for sport and recreational situations in the light of the recent decision of the Court of Appeal in Blake v Galloway which appears to advocate a return to the standard of reckless disregard first advocated in Wooldridge v Sumner, but then clearly retreated from in subsequent case law such as Condon v Basi, Elliott v Saunders, McCord v Swansea Football Club, Watson v Gray and Smolden v Whitworth and Nolan. PC The standard of reckless disregard for issues of negligence in sports and recreational settings which was first advocated in Wooldridge was not wholly embraced when first applied. The approach received trenchant criticism almost as soon as the judgment of the Court of Appeal was handed down. Goodhart, in a withering attack on the finding of the court, stated: ‘‘It is on this point regarding the reckless disregard of the safety of others that the present case seems to introduce a novel element into the law, for ...
International sports law review, 2004
The paper "Lance Armstrong, It wasn't just about the bike", examines the Lance Arms... more The paper "Lance Armstrong, It wasn't just about the bike", examines the Lance Armstrong saga from a comparative perspective, examining what might happen if such a high profile saga erupted in other common law jurisdictions. In doing so, it draws on wider questions around the concept of cheating and the specific nature of doping and the measures in place to combat the threat of widespread abuse of performance enhancing substances. The standard of proof required in questions around non-analytical positives is examined and questions around next steps for sport such as a general amnesty are raised. It is also suggested that the code of silence pervading some sports around doping issues may be combatted by provisions such as the Freedom of Information Act 2000 and that this legislation may help to combat some of the mist that surrounds doping control in sport.
Tort law is playing an increasing role in sport. This is evident both in the professional arena a... more Tort law is playing an increasing role in sport. This is evident both in the professional arena and at amateur level. Within the sport of rugby union, two recent decisions from the English Court of Appeal concerning the liability of referees have caused a certain amount of unease among competitors, referees and sports enthusiasts alike. It is against this background that one should view with interest the latest decision emanating from the Court of Appeal regarding liability for injuries caused on the rugby field. In Mountford v Newlands School [2007] EWCA Civ 21 a schoolmaster in charge of the opposing team was held liable, and his employer school vicariously so, for the injuries caused to a 14-year-old schoolboy who was tackled legally by an opposition player who was over the age of 15 at the time and therefore ineligible to play in the match under the England Rugby Football Schools’ Union (ERFSU) guidelines. The ruling has implications for youth rugby at all levels, in particular ...
The recently decided case, Vowles v Evans 1 , in which the Welsh Rugby Union, (WRU), was held lia... more The recently decided case, Vowles v Evans 1 , in which the Welsh Rugby Union, (WRU), was held liable for the injuries received by a participant following a scrummage during a game of rugby union between Llanharan Second XV and Tondu Second XV, in January 1998, has once again given food for thought to those who participate in contact sports, be that as players, referees or administrators. The WRU accepted vicarious liability for the referee of the day, Mr David Evans, (rather ironically a practising solicitor, specialising in personal injury), for the injuries received by Mr Vowles. It was the first case in which an amateur referee in any sport has been held liable in the context of an adult amateur game. The facts of the case were that there was an injury to the Llanharan Second XV, (Mr Vowles's team), loose-head prop 2 , in the thirtieth minute of the game, necessitating a replacement prop forward. There was no suitably experienced/qualified player to replace the injured loose-head prop and so Christopher Jones acted as replacement. Llanharan then declined the referee's invitation to proceed for the rest of the game with uncontested scrums, (a safety measure designed to account for the presence of inexperienced front row forwards). In the final moments of the game, there was a faulty engagement of the scrum resulting in the injuries received by the plaintiff. Although this case broke some new ground, comparisons can clearly be drawn with another rugby union case, Smoldon v Whitworth and another 3 , where the match referee, in a game at Colts level, was held liable for the injuries received by Ben Smoldon 4 , following a collapsed scrum 5. Smoldon, like Vowles was playing in the
SWEET AND MAXWELLS INTERNATIONAL …, 2004
International sports law review, 2006
... strict liability to issues of doping control, we can identify one of the most coherent argume... more ... strict liability to issues of doping control, we can identify one of the most coherent arguments against allowing the appeal from de Lima to succeed. The code cites Quigley v UIT: ... from Russia and the Canadian couple of Jamie Sale and David Pelletier were ...
Tex. Rev. Ent. & Sports L., 2007
Anti-Doping Inconsistencies Snare American Star Peter Charlish* & Rob Heywood** Abstract This Art... more Anti-Doping Inconsistencies Snare American Star Peter Charlish* & Rob Heywood** Abstract This Article examines the inconsistencies associated with doping control and explains the inequity which results from such inconsistent application, particularly where the violation is ...
Tex. Rev. Ent. & Sports L., 2008
Dwain Chambers was the British sprinter who in 2003 was exposed as one of the central characters ... more Dwain Chambers was the British sprinter who in 2003 was exposed as one of the central characters in the BALCO conspiracy when he tested positive for THG and other illegal performance enhancing substances. In addition to his standard two year ban imposed by WADA, he was also banned from Olympic competition for life by the British Olympic Association. This paper examines the background to that ban and the challenge to the legal status of his lifetime exclusion that Chambers undertook in the High Court.
SWEET AND MAXWELLS INTERNATIONAL …, 2007
Dwain Chambers was the British sprinter who in 2003 was exposed as one of the central characters ... more Dwain Chambers was the British sprinter who in 2003 was exposed as one of the central characters in the BALCO conspiracy when he tested positive for THG and other illegal performance enhancing substances. In addition to his standard two year ban imposed by WADA, he was also banned from Olympic competition for life by the British Olympic Association. This paper examines the background to that ban and the challenge to the legal status of his lifetime exclusion that Chambers undertook in the High Court. Summary
BACKGROUND Oscar Pistorius is a South African sprinter who was aiming to run at the Beijing Olymp... more BACKGROUND Oscar Pistorius is a South African sprinter who was aiming to run at the Beijing Olympic Games in the summer of 2008, either in the 200 meters or the 400 meters. Given his physical condition, this may at first glance have appeared to be a ludicrous proposition. Pistorius was born without fibula bones and consequently had both legs amputated below the knee before his first birthday. He competes using a pair of prosthetic limbs attached to his legs. These J-shaped carbon fiber blades are known as "Cheetahs." 1 The International Olympic Committee ("IOC") and the International Association of Athletics Federations ("IAAF"), after conducting a series of tests, concluded on January 14, 2008 that Pistorius was ineligible for entry into the Games. 2 This Article looks at the circumstances surrounding the decision to ban Pistorius and further examines previous precedent and philosophical argument, which suggest that perhaps Pistorius has
Marquette Sports Law Review, 2011
Legal Information Management, Jun 1, 2012