Super League clubs could have grounds to challenge relegation, says top lawyer

Any side relegated from Super League this year could have strong grounds to mount a legal challenge against the decision, a leading sports lawyer has said.

Top-flight clubs are adamant that given the disruption to the domestic season, which is scheduled to restart next month, the side finishing bottom should not drop into the Championship. With players potentially unavailable because of concerns over Covid-19 and travel plans for the overseas sides Catalans and Toronto uncertain, there is a feeling that relegation would be unjust.

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The Rugby Football League’s board met on Monday to consider the issue of promotion and relegation but have delayed a decision until later this month, only days before Super League restarts on 2 August.

Richard Cramer, of Front Row Legal in Leeds, said he understood the concerns of clubs. “Absolutely – relegation is always predicated on a season starting in February and finishing in October, so anything other than that becomes problematic and compromises the whole integrity and concept of relegation,” he said.

“There’s enormous uncertainty surrounding the sport, and to relegate a club would be very harsh in my view, and would be open to a legal challenge on the basis that it’s not what was on the table to begin with when the clubs started the season. It’s not a level playing field; you have Catalans and Toronto, who are subject to overseas regulations, and there are also potential challenges with regional lockdowns and players not wanting to play at this time due to vulnerable family members or other reasons.”

The sport’s lower leagues are split on the matter, and Cramer expressed sympathy for those teams who had invested heavily in a bid to gain promotion. “You have to feel sorry for teams such as Featherstone and Leigh, who retain a strong ambition to get up. Perhaps you could have a 13-team competition and promote someone, but I do think the RFL would be subject to some challenges if they were to relegate someone.”

Cramer also has concerns over the pressures that would be put on players were relegation to remain, given they already face a congested schedule. “There’s enough pressure with relegation ordinarily, let alone with players who haven’t trained since mid-March. Throw in the pressures of playing with covid, and you have to think seriously about the welfare of players as well as your competition format.”