Ratio Decidendi
A sports governing body may be liable in negligence or breach of contract if its disciplinary procedures are fundamentally flawed, but demonstrating such a breach and causation of loss is difficult.
Facts
Diane Modahl, an international athlete, tested positive for testosterone and was banned. She was later cleared on appeal when it emerged the testing procedures were flawed. She sued the British Athletic Federation for damages, claiming negligence and breach of contract.
Judgment Summary
The Court of Appeal held that there was a contractual relationship between Modahl and the BAF, implying terms of fairness. However, the claim ultimately failed because the BAF had gone into liquidation and the issues of breach and causation were complex.
Key Quotes
"The rules of a sports governing body form part of a contract with athletes who submit to its jurisdiction. Implied into that contract is a term that disciplinary proceedings will be conducted fairly."
— Latham LJ
Subsequent Treatment
Led to improvements in anti-doping testing protocols and athlete rights in disciplinary proceedings.