12/12/2023

Unprecedented decision for Capital Law’s client Pontypridd United

Independent arbitrator David Phillips KC sanctioned Pontypridd United with a 6-point deduction, the remainder 135 points sought by the FAW being suspended.

18 charges had been brought against the Club for, amongst other things, fielding ineligible players, non-payment of players and failure to register players correctly. The full decision is accessible here.

The FAW argued that the charges brought against the Club raised issues of strict liability, so that Pontypridd United’s state of mind was not relevant and that many charges attracted a mandatory sanction of a 3 points deduction.

David Phillips KC found that there was substantial mitigation available for Pontypridd United. The Club committed “inadvertent breaches caused by a failure to operate the Comet system properly”. In reaching his decision, David Phillips KC referred to the genuine and reliable character of the Club’s witnesses, and their determination to ensure that the club thrives not only for the benefit of its immediate supporters but the surrounding community. Fundamentally, the Club gained no evident sporting advantage such that a 6-point deduction was deemed a just outcome.

Celine Jones from our Disputes’ Team advised Pontypridd United on this case. If you require any advice on general sports law or the FAW Regulations, please contact her here.