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Success for SFA in racial abuse complaint Judicial Review

17th December 2008

Ampersand's Aidan O'Neill QC represents successful respondents in Petition of Kevin Fotheringham for Judicial Review of a decision of the Scottish Football Association Discipline Appeals Tribunal.

In the Petition of Kevin Fotheringham for Judicial Review of a decision of the Scottish Football Association Discipline Appeals Tribunal Lord Pentland rejected a challenge to the lawfulness of the disciplinary procedures of the Scottish Football Association arising out of a complaint of racist abuse used by one football player against another.  While accepting that judicial review could competently be taken in relation to the disciplinary decision of sporting bodies in Scotland Lord Pentland considered that a certain margin of respect should be extended by the courts to at least some disciplinary decisions taken by sporting associations with the relevant legal test being whether, having regard to the course of the entire disciplinary proceedings (including the appeal), there has been a fair result.  Lord Pentland considered that the procedures adopted by the Scottish Football Association in this case were not marred by any apparent bias or procedural unfairness and that the reasons provided in support of the decision the petitioner were sufficient to provide him with a proper explanation as to why he had been found guilty and subject to a disciplinary penalty.  Aidan O’Neill QC of Ampersand represented the successful respondents, the SFA.

Read the full judgment of Lord Pentland at the Scottish Courts website here.

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