Breach of contract case study: ‘It’s just not cricket’

Batsman striking a cricket ball

Case category: Breach of contract/unlawful victimisation

Case description:
This was a case brought by an English cricket club and a foreign-born individual player against members of the executive board of a Midland cricket club league.
The individual player, who was foreign born but a British passport holder, was ruled by the league to be an overseas player and as a result the club had points deducted and was relegated. Subsequently the executive board sought to convene a meeting to suspend the club from the league.

An interim injunction was granted restraining the defendants from suspending or expelling the club from the league pending hearing of the substantive claim. The claimants urgently sought after-the-event insurance for the substantive claim which was for unlawful victimisation under the Equality Act 2010 and for breach of contract (being breach of the league rules).

Outcome:
Settled before the hearing. The defendants agreed to pay the claimant’s costs up to a certain limit and not to suspend or expel the club from the league and to allow the club to play in the first division.

The Solicitors’ view/testimonial:
Doug Frame of Fosters Solicitors commented as follows:
“This was a complex and urgent matter which required an underwriter, within a very short space of time, to gain a good grasp of the essential facts, relevant law and to come a decision quickly as to whether to insure. I found the quality and calibre of Temple’s team and services to be exceptional and they more than matched my and my client’s expectations. Crucially, Temple were very commercial in their approach and accommodating in facilitating and enabling the client to reach an early settlement without having to go to trial.

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