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A spate of cases in the last three months have highlighted the fact that football, and sport as a whole, is becoming increasingly litigious. This growth in compensation culture is perhaps inevitable given the staggering revenues that are available to those who are successful in sport. However, contrary to the views of some scaremongerers in the press, the results of these legal actions are in many instances very positive. This is demonstrated by three very recent cases: Sheffield United FC v West Ham United FC, Collett v Smith and Middlesbrough Football and Athletics Company (1986) Ltd and Shaktar Donetsk v Matuzalem and Real Zaragoza. In summary: Sheffield United's success against West Ham will inevitably encourage other sports teams or sportsmen and women to consider bringing actions against competitors whose breaches of the governing rules have caused them financial loss. This will act as a strong disincentive to competitors who are tempted to break the rules of their sport in order to achieve success by foul means. The recent Court of Appeal decision in Collett v Smith also benefits clubs and players in particular. The Court of Appeal reaffirmed a first instance decision to award a young player over £4.5m in compensation from an opposing player whose reckless challenge ended a very promising career. Again, such awards should also act as deterrents against those who engage in reckless challenges on their fellow players. Given the rewards that are available to talented footballers, it seems only fair that a young player should be adequately compensated when his career is brought to an end prematurely by the reckless actions of another player. Finally, the decision of the CAS that Matuzalem and Real Zaragoza are liable to pay Shaktar Donetsk nearly 12m euros for breach of contract has helped to undo some of the harmful effects of the Webster decision. This heralds a welcome shift in power from players back to clubs, as the balance had tipped too far the other way following the Bosman and Webster decisions. The balance appears to now be struck effectively, which should enable clubs to be able to plan the composition of their playing squads and to reduce the potential for clubs to poach other club's players without adequate compensation. It promises to be a busy future for sports lawyers, but these cases show that it is sport as a whole that can benefit from this.
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