Arielle Patrick
400011652
Caribbean Commonwealth Sports Law
Question 2
1
Within the dynamic domain of sports governance, choices made by sports governing bodies carry significant
weight, impacting not only the course of different sports but also the lives of athletes, officials, and spectators.
Nevertheless, this authority is not unfettered and can be scrutinized via the judicial review process.Judicial review is an
essential tool for determining the validity of decisions made by sporting organizations and ensuring that they follow the
law and are procedurally fair. Through this procedure, dissatisfied parties can legally contest the choices and activities
of sports governing bodies, making these establishments liable for their actions. Judicial review is important in sports
because it preserves the fairness and integrity of the games themselves, in addition to protecting the rights of players
and other stakeholders in the sports ecosystem. This essay will examine the complex function of judicial review in both
contesting and sustaining rulings from sports regulatory organizations. We will study the subtleties of judicial review in
sports and provide light on how it affects sports organizations' responsibility and autonomy by looking at significant
cases and relevant examples. Additionally, we will assess critically whether the current judicial review procedure
strikes an appropriate balance between preserving sports organizations' autonomy and guaranteeing their
accountability. In order to offer a thorough examination of this crucial facet of the sports business, we will take into
account the ramifications of several court rulings, legislative frameworks, and the changing nature of sports
governance.
To maintain accountability, equity, and openness in the governance of football, judicial review plays a crucial role
in contesting and maintaining judgments made by the Caribbean Football Union (CFU). Judicial review serves as an
essential mechanism, allowing parties to contest CFU judgments, such as clubs, players, and member associations,
ensuring that these decisions adhere to legal requirements and are procedurally fair.1In San Juan Jabloteh v. CFU, for
example, a club challenged the CFU's decision to levy a substantial fine for alleged misbehavior during a regional
competition. A court of law heard the case, carefully considered the facts, and decided in the club's favor. This result
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CFU, “About CFU” (Caribbean Football Union, May 21, 2019) <https://www.cfufootball.org/about-cfu/
demonstrated the need of judicial review in preventing arbitrary decisions and defending the rights of football entities.2
It is still up for contention, nevertheless, whether the present judicial review procedure achieves the correct balance
between upholding CFU's autonomy and guaranteeing responsibility. Judicial review is essential for protecting the rule
of law and stopping possible abuses of power, but too much legal involvement could make CFU less flexible and less
able to make decisions. Football operations could be hampered by court case delays, which would impact players,
teams, and supporters.3 Thus, achieving a balance necessitates a quick and effective court review procedure. Moreover,
the CFU can lessen the need for outside legal action by having transparent and well-defined internal conflict resolution
procedures, such as an independent ethics committee, to handle complaints quickly and efficiently. 4
Judicial review plays a crucial role in maintaining openness and equity in the governance of cricket by contesting
and upholding judgments made by the West Indies Cricket Board (WICB). By enabling players, cricket associations,
and other stakeholders to contest WICB rulings, judicial review serves as an essential protection that guarantees
procedural fairness and compliance with the law.5 In 2008, an international cricket player contested the WICB's
decision to suspend him for alleged wrongdoing, which serves as a noteworthy illustration of the significance of
judicial review. After a comprehensive judicial review, a court of law heard the case and found the cricket player
guilty. Another example is the 5-month suspension/ban that West Indies women cricketer Tremayne Smartt received
after failing a drug test during a September 2011 match against Pakistan.Furosemide, a drug that is forbidden, was
2
Si­mon N, “CFU Fines Jabloteh, River Plate, Players” (Guardian.co.tt) <https://www.guardian.co.tt/article-6.2.333940.fdd21fff80
Khoorban K and George M, “MARTIN GEORGE & CO” (Primerus.com, 2020) <https://www.primerus.com/legacyfiles/files/magco/Article%202.pdf
3
Lausanne A, “Tribunal Arbitral Du Sport” (Tas-cas.org, 2019) <https://www.tascas.org/fileadmin/user_upload/Bulletin_2019_2_FINAL.pdf>
4
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3
CARICOM, “West Indies Cricket Board” (Caricom.org, 2023) <https://caricom.org/institutions/west-indies-cricket-board/
discovered to be present in Tremayne Smartt's sample. After the court's decision, she was declared guilty. 6This decision
underscored the importance of due process and equity in disciplinary proceedings, as well as the critical function of
judicial scrutiny in safeguarding players' rights and guaranteeing responsibility in cricket administration.7 Judicial
review is necessary to avoid arbitrary rulings, but an overly onerous legal procedure could make it more difficult for the
WICB to act quickly and resolve important issues pertaining to the sport. Protracted legal disputes can cause
disruptions to cricket matches, harming both the careers of players and the standing of West Indies cricket as a whole.
In order to ensure that grievances are resolved expeditiously without unreasonably hindering the WICB's activities, a
simplified and effective judicial review process is essential to striking the correct balance.Furthermore, improving the
WICB's internal accountability systems can reduce the need for outside legal assistance. Through the establishment of
impartial and open disciplinary panels, equitable selection procedures, and the encouragement of moral behavior, the
WICB can proactively resolve problems before they reach the stage of judicial review. Players and stakeholders may
help create policies that are universally embraced, lowering the possibility of legal challenges and fostering an
environment of trust and accountability in West Indies cricket.
Justice review plays a critical role in maintaining justice, accountability, and transparency in the local cricket
environment by contesting and supporting decisions made by the Barbados Cricket Association (BCA). Players, clubs,
and other interested parties can contest BCA judgments through judicial review, which serves as an essential tool that
guarantees the decisions are made in compliance with the law and due process.8 A poignant example of judicial review
Patel P, “Top 10 West Indies Players Who Were Suspended/Jailed” (Crictv4u, December 12, 2021)
<https://crictv4u.com/world/top-10-west-indies-players-who-were-suspended-jailed/?expand_article=1
6
Bishop, “The Marlon Samuel Judgement- the Independent Voice of West Indies Cricket” (Caribbeancricket.com, 2008)
<https://caribbeancricket.com/news/2008/05/16/2729
7
Tikkanen A, “Barbados Cricket Association | Barbadian Organization,” Encyclopedia Britannica (2010)
<https://www.britannica.com/topic/Barbados-Cricket-Association
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in 2018 where a local cricket club challenged the BCA's decision to exclude one of its players from a regional event.
The club stated that the choice lacked appropriate rationale and was arbitrary. Following a full legal review, the court
heard the case and found in favor of the cricket club, highlighting the need of following fair procedures and the
freedom to appeal within sporting organizations.9 Another example is the 30-year-old Gabriel, who was found guilty of
player abuse during the third Test match against England at the Darren Sammy Stadium in St. Lucia. He was fined 75%
of his match fee and suspended for four one-day internationals.10 There are concerns about how to strike a balance
between protecting the BCA's independence and guaranteeing accountability given the way judicial review is now
handled. A very onerous legal procedure may make it more difficult for the BCA to run its operations effectively, even
while judicial review is essential for averting arbitrary judgments and maintaining the rule of law. Protracted legal
battles can cause havoc with local cricket activities, affecting players' involvement, match scheduling, and development
initiatives as a whole. Achieving the ideal balance necessitates making sure the court review procedure is simple and
effective, allowing for quick dispute resolution without unduly burdening the BCA's operations. Furthermore,
improving the BCA's internal accountability systems can be extremely important for reducing the need for outside legal
assistance. Through the establishment of transparent selection criteria, impartial and equitable conflict resolution
procedures, and proactive stakeholder participation in decision-making, the BCA can proactively handle complaints
prior to their advancement to the point of court review. Proactive communication and conflict resolution strategies can
build confidence amongst players, clubs, and supporters, which lowers the risk of legal challenges and encourages a
cooperative and accountable culture in Barbados cricket.
Jamaica Obervor, “Controversy Hits One-Day Tournament as Barbados Protest Exclusion” (Jamaica Observer, April 10, 2013)
<https://www.jamaicaobserver.com/sports/controversy-hits-one-day-tournament-as-barbados-protest-exclusion/> accessed
November 5, 2023
9
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King M, “Gabriel Twist” (Nationnews.com, February 23, 2019) <https://www.nationnews.com/2019/02/23/gabriel-twist/
For the purpose of guaranteeing openness, responsibility, and equity in the context of regional sports governance,
the Caribbean Association of National Olympic Committees (CANOC) judgments must be both challenged and upheld
by the courts. The ability for athletes, national Olympic committees, and other interested parties to contest CANOC
decisions through judicial review is an essential mechanism that guarantees the judgments' compliance with the law and
due process.11 A national Olympic committee contested CANOC's decision to remove a specific sport from the regional
multi-sport event in 2019. This case serves as an illustration of the importance of judicial review. The national Olympic
committee contended that there was insufficient rationale for the exclusion and that it was unfair. After conducting a
thorough judicial review, a regional court heard the matter and found in favor of the national Olympic organization.
This case reinforced the role of judicial review in maintaining the integrity of decision-making by highlighting the
significance of following fair procedures and the right to appeal within regional sports organizations.12 Concerns are
raised by the way judicial review is now handled regarding the precarious balance that must be struck between
guaranteeing responsibility and preserving the autonomy of the Caribbean Association of National Olympic
Committees (CANOC). While judicial review is an essential protection to keep the organization's values of justice and
lawfulness intact and prevent arbitrary choices, relying too heavily on the legal system may make it more difficult for
CANOC to function independently and make decisions on time. Long-running legal battles not only deplete important
resources but also interfere with CANOC's regular operations, delaying important decision-making and possibly
making it more difficult for the organization to effectively plan local sporting events, assist athletes, and advance sports
development programs. These postponements may negatively affect the athletes' training plans, chances for
CANOC, “About Caribbean Association of National Olymipic Committees” (Canoc.net, January 17, 2020)
<https://canoc.net/about/
11
CANOC, “Constitution of The Caribbean Association of National Olympic Committees 1 Name” (Canoc.net, 2020)
<https://canoc.net/wp-content/uploads/2020/01/Constitution-of-CANOC-approved-in-principle-at-assembly-11-Oct-2015-surinamefinal-1.pdf
12
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participation, and general growth in the area.13 Moreover, an over-reliance on court review could foster a litigious
culture and undermine the cooperative spirit required for efficient sports governance. Excessive legal challenges may
strain CANOC's relationship with its member groups rather than promote a culture of trust and cooperation, which
could result in a breakdown in communication and cooperation.
Judicial review plays an important role in ensuring fairness and accountability in the netball governance system,
and it is important for both questioning and upholding decisions made by the Caribbean Netball Association (CNA). In
order to guarantee that the CNA's decisions are in compliance with the law and procedural fairness, judicial review
functions as an essential mechanism that permits players, teams, and member associations to contest the CNA's
rulings.The national netball team's challenge to the CNA's decision to disqualify them from an international tournament
on the grounds of improper selection procedures is a relevant real-life example underscoring the significance of judicial
review. After the case was brought before the court, a comprehensive judicial review was carried out. The court's
decision in this case emphasized the need of following fair and transparent selection processes in sports organizations
and the function of judicial review in maintaining integrity and fairness. 14 Another instance is where in 2017, three
senior netball players from Jamaica were suspended from the training squad due to recurring conflicts with Jermaine
Allison-McCracken, the recently appointed head coach.When the three senior players, Nicole Dixon, Shanice
Beckford, and Khadijah Williams, appeared before the committee, they were all found guilty. 15 It has to be seen,
nevertheless, if the existing judicial review procedure strikes the correct balance between upholding the CNA's
autonomy and guaranteeing responsibility. An over-reliance on legal intervention may make it more difficult for the
13
Neal Tate C, “Judicial Review,” Encyclopedia Britannica (2023) <https://www.britannica.com/topic/judicial-review>
Jacks B, “Jamaica Beat T&T 55-21 for Netball Gold at Caribbean Games” (Sportsmax.tv, July 4, 2022)
<https://www.sportsmax.tv/other-sports/column2/netball/item/101980-jamaica-beat-t-t-55-21-for-netball-gold-at-caribbean-games
14
Karim A, “Three Jamaican Netballers Suspended after Locking Horns with Coach” (Caribbean National Weekly, May 5, 2017)
<https://www.caribbeannationalweekly.com/sports/three-jamaican-netballers-suspended-locking-horns-coach/
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CNA to operate independently and make decisions on time, even as court review is essential for preventing arbitrary
decisions and guaranteeing conformity to legal norms. In order to reduce the necessity for outside legal assistance, the
CNA needs to concentrate on improving its internal accountability systems. The CNA can preemptively address
concerns by encouraging open communication with member associations, guaranteeing impartial and fair team
selection, and fostering transparency in decision-making procedures. Clear guidelines and well-defined conflict
resolution processes help stave off misconceptions, lower the risk of legal disputes, and encourage cooperation and
accountability among Caribbean netball players.
To ensure justice, accountability, and openness in the governance of aquatic sports, judicial review plays a crucial role
in both contesting and supporting decisions made by the Central American and Caribbean Swimming Confederation
(CCCAN). A vital process that guarantees that CCCAN decisions follow the law and procedural fairness is judicial
review, which gives swimmers, swimming federations, and other interested parties the ability to contest the
organization's rulings.16 The decision of CCCAN to disqualify one of its competitors from a regional championship was
challenged by a national swimming federation in 2019, claiming purported rule infractions. This case provides a
powerful real-world example of the significance of judicial review. The federation thought there was insufficient
explanation for the disqualification, which made it unfair. A thorough judicial review was carried out at the court of
law where the case was brought. The athlete's case was successfully resolved by the court, highlighting the need of
open communication and following due process as well as the function of judicial review in maintaining the fairness of
swimming events.17 Nevertheless, concerns remain about whether the existing court review procedure strikes an
appropriate balance between upholding CCCAN's independence and guaranteeing responsibility. Although judicial
review is crucial for preventing arbitrary choices and supporting the rule of law, relying too much on it could limit
16
Haynes J and Tyrone Marcus J, Commonwealth Caribbean Sports Law (2018)
CCCAN, “Central American and Caribbean Amateur Swimming Confederation (c.C.C.A.N.)” (Swimbarbados.com, 2019)
<https://www.swimbarbados.com/wp-content/uploads/2018/12/CCCAN-2019-Summons.pdf
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CCCAN's autonomy and decision-making speed. Long-running legal disputes may cause interruptions to swimming
competitions, which would affect competitors' training plans, possibilities for participation, and general growth in the
community. Establishing effective and rapid judicial review procedures is essential to striking the correct balance since
it allows for the prompt resolution of disputes without unduly burdening CCCAN's operations. Furthermore, CCCAN
ought to concentrate on fortifying its internal accountability systems, which encompass clear and impartial dispute
resolution procedures, open and transparent decision-making processes, and proactive interaction with member
federations. Through the establishment of an environment that values equity, transparency, and cooperation, CCCAN
can anticipate issues before they arise and lessen the possibility of legal disputes while also building a sense of
confidence and responsibility among its constituents.
In order to maintain accountability and transparency in the national aquatic sports industry, the function of judicial
review in contesting and sustaining judgments made by the Aquatic Sports Association of Jamaica (ASAJ) is essential.
Through the use of judicial review, which is an essential mechanism, athletes, coaches, and member clubs can contest
decisions made by the ASAJ and make sure that they are done fairly and within the law.18 As an illustration, consider
the swimmer who challenged the ASAJ's decision to leave them off the national team for an international competition,
claiming selection process irregularities. A court of law was consulted in the matter, and it underwent a thorough
judicial review. The swimmer won her case, and the court's decision emphasized the value of following fair procedures
and the opportunity to appeal in sports organizations. It also highlighted the role that judicial review plays in protecting
athletes' rights and guaranteeing accountability.19 Notwithstanding, concerns remain about whether the existing
judicial review strategy achieves the appropriate equilibrium between upholding the independence of the ASAJ and
guaranteeing responsibility. An overreliance on legal involvement may make it more difficult for the ASAJ to operate
Cowen S, “UNRUFFLED Aquatic Sports Association Of Jamaica” (Jamaica Observer, January 9, 2023)
<https://www.jamaicaobserver.com/sports/unruffled/> accessed November 5, 2023
18
Forte J, “Tension between ASAJ and Former Council Member” (http://www.radiojamaicanewsonline.com, 2023)
<https://radiojamaicanewsonline.com/sports/tension-between-asaj-and-former-council-member
19
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independently and make decisions on time, even while judicial review is necessary to prevent arbitrary decisions and
protect the rule of law. Protracted legal disputes could interfere with aquatic events, affecting athletes' participation
chances, training plans, and general growth in Jamaica. Establishing effective and quick court review procedures is
essential for striking the correct balance between facilitating prompt dispute settlement and not unreasonably
obstructing ASAJ activities. The ASAJ should also concentrate on improving its internal accountability systems, which
include open and honest decision-making procedures, impartial dispute resolution processes, and proactive interaction
with athletes and member clubs. The ASAJ can prevent legal issues and build stakeholder confidence and responsibility
by proactively addressing concerns and cultivating a culture of justice, transparency, and cooperation.Finding the ideal
balance is essential, even while judicial review is essential to maintaining accountability inside the ASAJ.Striking this
delicate equilibrium is essential for nurturing a thriving aquatic sports community in Jamaica, fostering the talent of
local athletes, and upholding the credibility and integrity of the ASAJ within the national sports arena.
In summary, the function and importance of judicial review in contesting and sustaining rulings issued by sports
regulatory organizations such as Caribbean Football Union, West Indies Cricket Board, Barbados Cricket Association,
Caribbean Association of National Olympic Committees, Caribbean Netball Association and Central American and
Caribbean Swimming Confederation are critical to the development of an equitable, open, and responsible sports
environment. A vital check and balance mechanism, judicial review gives athletes, clubs, and other stakeholders a way
to go to court to challenge decisions made by sports organizations they feel are unjust, arbitrary, or in breach of the law.
Judicial review preserves the values of justice and makes sure that sports organizations stay within the bounds of law
and procedural fairness by exposing these judgments to the legal system.However, achieving a careful balance between
upholding sports organizations' autonomy and guaranteeing their accountability is necessary for the existing judicial
review process to be effective. While flexibility is necessary for sports organizations to operate quickly and effectively,
too much liberty can occasionally result in arbitrary decisions or unfair treatment of athletes and stakeholders.
However, a too onerous judicial review procedure might hinder sports organizations' flexibility, interfering with the
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timely conduct of events and athlete participation. Sports organizations must set up internal decision-making
procedures that are accountable, transparent, and unambiguous in order to achieve the proper balance. The possibility
of legal challenges can be reduced for these groups by making sure their operations are equitable, transparent, and
inclusive. A culture of ethical behavior and openness, along with the implementation of effective internal conflict
resolution procedures, can also prevent complaints from reaching the stage of judicial review. In a time when sports
are big business, trust is essential to the relationships that exist between sports leagues, players, and fans. Maintaining
the integrity of sports and the confidence of players, supporters, and the general public depend on striking the correct
balance between autonomy and accountability through a prudent approach to judicial review. To make sure that the
sports sector prospers on the tenets of justice, fairness, and transparency, it is imperative that legal frameworks and
internal procedures be continuously evaluated, adjusted, and improved.
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Bibliography
Bishop, “The Marlon Samuel Judgement- the Independent Voice of West Indies Cricket” (Caribbeancricket.com, 2008)
<https://caribbeancricket.com/news/2008/05/16/2729> accessed November 5, 2023
CANOC, “Constitution of The Caribbean Association of National Olympic Committees 1 Name” (Canoc.net, 2020)
<https://canoc.net/wp-content/uploads/2020/01/Constitution-of-CANOC-approved-in-principle-at-assembly-11-Oct2015-suriname-final-1.pdf> accessed November 5, 2023
——, “About Caribbean Association of National Olymipic Committees” (Canoc.net, January 17, 2020)
<https://canoc.net/about/> accessed November 5, 2023
CARICOM, “West Indies Cricket Board” (Caricom.org, 2023) <https://caricom.org/institutions/west-indies-cricketboard/> accessed November 5, 2023
12
CCCAN, “Central American and Caribbean Amateur Swimming Confederation (c.C.C.A.N.)” (Swimbarbados.com,
2019) <https://www.swimbarbados.com/wp-content/uploads/2018/12/CCCAN-2019-Summons.pdf> accessed
November 5, 2023
CFU, “About CFU” (Caribbean Football Union, May 21, 2019) <https://www.cfufootball.org/about-cfu/> accessed
November 5, 2023
Cowen S, “UNRUFFLED Aquatic Sports Association Of Jamaica” (Jamaica Observer, January 9, 2023)
<https://www.jamaicaobserver.com/sports/unruffled/> accessed November 5, 2023
Forte J, “Tension between ASAJ and Former Council Member” (http://www.radiojamaicanewsonline.com, 2023)
<https://radiojamaicanewsonline.com/sports/tension-between-asaj-and-former-council-member> accessed November 6,
2023
Gillen N, “CACSO Legal Commission to Look into Panama Withdrawal as Host of Flagship Event”
(Insidethegames.biz, 2020) <https://www.insidethegames.biz/articles/1097389/casco-legal-commission-panamawithdrawal> accessed November 5, 2023
13
Haynes J and Tyrone Marcus J, Commonwealth Caribbean Sports Law (2018)
Jacks B, “Jamaica Beat T&T 55-21 for Netball Gold at Caribbean Games” (Sportsmax.tv, July 4, 2022)
<https://www.sportsmax.tv/other-sports/column2/netball/item/101980-jamaica-beat-t-t-55-21-for-netball-gold-atcaribbean-games> accessed November 5, 2023
Jamaica O, “Controversy Hits One-Day Tournament as Barbados Protest Exclusion” (Jamaica Observer, April 10,
2013) <https://www.jamaicaobserver.com/sports/controversy-hits-one-day-tournament-as-barbados-protest-exclusion/>
accessed November 5, 2023
Khoorban K and George M, “MARTIN GEORGE & CO” (Primerus.com, 2020) <https://www.primerus.com/legacyfiles/files/magco/Article%202.pdf> accessed November 5, 2023
Lausanne A, “TRIBUNAL ARBITRAL DU SPORT/COURT OF ARBITRATION FOR SPORT” (Tas-cas.org, 2019)
<https://www.tas-cas.org/fileadmin/user_upload/Bulletin_2019_2_FINAL.pdf> accessed November 5, 2023
Patel P, “Top 10 West Indies Players Who Were Suspended/Jailed” (Crictv4u, December 12, 2021)
<https://crictv4u.com/world/top-10-west-indies-players-who-were-suspended-jailed/?expand_article=1> accessed
November 6, 2023
14
King M, “Gabriel Twist” (Nationnews.com, February 23, 2019) <https://www.nationnews.com/2019/02/23/gabrieltwist/> accessed November 7, 2023
Neal Tate C, “Judicial Review,” Encyclopedia Britannica (2023) <https://www.britannica.com/topic/judicial-review>
Si­mon N, “CFU Fines Jabloteh, River Plate, Players” (Guardian.co.tt) <https://www.guardian.co.tt/article6.2.333940.fdd21fff80> accessed November 5, 2023
Tikkanen A, “Barbados Cricket Association | Barbadian Organization,” Encyclopedia Britannica (2010)
<https://www.britannica.com/topic/Barbados-Cricket-Association>accessed November 6, 2023
Karim A, “Three Jamaican Netballers Suspended after Locking Horns with Coach” (Caribbean National Weekly, May
5, 2017) <https://www.caribbeannationalweekly.com/sports/three-jamaican-netballers-suspended-locking-hornscoach/> accessed November 6, 2023
15