Future claims need not be a sprint

Disgraced sprinter Dwain Chambers could still run in the London 2012 Olympic Games after a judge failed to rule on the disputed lawfulness of a British Olympic Association (BOA) byelaw, say experts.

Mr Justice MacKay refused to grant a temporary injunction allowing Chambers to run in the forthcoming Beijing games. He said that Chambers had failed to prove that his ban under BOA byelaw 25, banning athletes from representing the UK after a positive drugs test, was a restraint of trade and contrary to European and domestic competition law. In addition, he found that Chambers had delayed too long in seeking relief following his return to athletics in 2006.

Employment law special - ist, Niran De Silva of Littleton Chambers, says, “As the judge did not rule on the lawfulness of the byelaw itself, it remains possible that in a different case, brought in good time, the byelaw could be overturned.” He adds that it remains possible that Chambers may pursue the matter to the full trial listed in March 2009.

De Silva continues: “The judgment is certainly a warning to sportsmen and women to act promptly if they wish to challenge the lawfulness of BOA byelaws, rather than wait until the relevant sporting standard has been met before issuing proceedings.”