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Captivate Legal & Sports Solutions.Analysis & Publications - Captivate Legal & Sports Solutions.

Analysis & Publications

The Current State of Ownership Regulation in English Professional Football

Kevin Carpenter - 06 July 2020
An opinion piece highlighting some key points from recent reports into the governance of professional football in England as well as thoughts on where it goes now.

A Sheffield Wednesday supporting sport lawyer’s reflections on the EFL’s financial misconduct charges

Kevin Carpenter - 27 November 2019
Captivate Legal & Sports Solutions’ Principal, a Sheffield Wednesday FC fan, provides his measured thoughts on the recent charges laid against the club by the English Football League, in context of the stewardship by the current owner since he bought the club at the start of 2015.

Captivate’s Response to the Independent Review of Integrity in Tennis Interim Report

Kevin Carpenter - 23 July 2018


12 February 2018
Captivate Legal & Sports Solutions’ Principal Kevin Carpenter has successfully represented Australian former professional tennis player Mr. Nick Lindahl in resisting an application by the Professional Tennis Integrity Officers (PTIOs) / Tennis Integrity Unit (TIU) to the Court of Arbitration for Sport (CAS) to extend his period of ineligibility for match-fixing offences from seven-years to a life ban for the sport.

Match-fixing life ban for elite football referee upheld by the CAS

Kevin Carpenter [16 January 2018]
My initial analysis of the Court of Arbitration for Sport’s decision to uphold the life ban issued by FIFA to a referee for manipulating a qualifying match of the 2018 FIFA World Cup Russia.

Officiating under pressure: Analysing the match defining Lions decision

Kevin Carpenter - 12 July 2017
An analysis of the controversial decision made by the referee in the closing stages of the British & Irish Lions 3rd test match versus New Zealand.

Expert opinion on the Buzzfeed/BBC tennis match-fixing allegations

Kevin - January 2016
Our Principal Kevin Carpenter provides his expert opinion on the tennis match-fixing allegations by Buzzfeed/BBC.

Can FIFA legally publish the Garcia corruption report?

Kevin - October 2015
This blog examines what exactly is the legal position in relation to the publication/confidentiality of the report into the 2018 and 2022 World Cup bids produced by the Chairman of the Investigatory Chamber of the FIFA Ethics Committee.

Overview of the key stakeholders in International and European sports policy in 2014

Kevin - May 2015
This paper provides an overview of the key stakeholders and organisations that have played an active role in sport policy from 1 January to 31 December 2014.

An overview of the latest match-fixing policy developments in 2015

Kevin - May 2015
An overview and brief analysis of the policy developments in the field of match-fixing by the International Olympic Committee (IOC), Transparency International (TI), the United Nations Office on Drugs and Crime (UNODC) and the International Centre for Sports Security (ICSS).

Retrospective trial by video evidence in sport

Kevin - April 2015
Article providing in-depth analysis of the approach to retrospective trial by video evidence in football, rugby union and golf for breaches of the playing rules after the event has finished.

Why are countries taking so long to act on match-fixing?

Kevin - April 2015
Examining the principal reasons why preventing match-fixing is not a priority in the majority of countries.

Arbitration enforcement: three F1 drivers are a crowd for Sauber

Kevin - March 2015
The excitement which usually surrounds the start of the Formula 1 season was overshadowed at the recent Australian Grand Prix by a legal wrangle in the week leading up to the race between the Sauber team and driver Giedo van der Garde. It provided a high profile reminder of the important advantages arbitration proceedings can have over normal court proceedings and the strategic commercial drivers.

Tweeting the game into disrepute: regulation of social media by governing bodies - lessons from English football

Kevin - February 2015
The popularity of Twitter in the sports sector has created significant challenges for all stakeholders. This article analyses social media offences and subsequent disciplinary decisions in English football in the light of recent regulatory changes. Drawing on this analysis, the article argues that a holistic approach to social media regulation needs to be formulated in all sports. Citation: [2015] I.S.L.R. 3-10

Match-fixing: framing the fight-back

Kevin - January 2015
Explaining the landmark legal convention recently created by the Council of Europe to combat the manipulation of sports.

What could EU intervention mean for the future of Formula 1?

Kevin - January 2015
An examination of the potential legal and economic impact of a European Union investigation into the Formula 1 motor sport championship

The FIFA World Cup inquiry: a landmark learning day for sports governance?

Kevin - November 2014
Examining aspects from the summary FIFA published of the investigation into allegations of corruption surrounding the voting for the 2018/2022 World Cups and what other sports can learn from the fallout on the day.

Lessons from Suarez: is it time for "universality" in football sanctions?

Kevin - September 2014
A comparison of the sanctioning regimes in football and rugby union in light of the Luis Suarez World Cup biting saga

How the Anderson/Jadeja ruling puts cricket and the ICC's Code of Conduct under the spotlight

Kevin - August 2015
An analysis of the disciplinary rulings during the England v India test series and the changes required to the ICC Code of Conduct as a consequence

How will FIFA's match-fixing guidelines apply to Cameroon World Cup allegations?

Kevin - July 2014
Following allegations of match-fixing levelled at Cameroon during the 2014 World Cup, this blog examines how these should be investigated given FIFA's new guidelines.

Are you risking everything by ambushing the World Cup?

Kevin - June 2014
Critical analysis of the value of exclusive sponsorship arrangements in light of Nike's "Risk Everything" FIFA World Cup 2014 Brazil campaign

Bernie and the bankers – the Constantin case and impact on the governance of F1

Kevin - April 2014
A detailed analysis of the judgment in the English civil claim regarding the most recent sale of Formula 1 and the impact the allegations of bribery may have on the sport going forward

Time for change: US sports betting regulation

Kevin - March 2014
An article arguing that the United States should play a greater role in stamping out match-fixing in sport.

IOC, national governments and the autonomy of sport: An uneasy relationship

Kev - December 2013
A brief look out how despite being a purely private body, it appears that the IOC is acting as a supra-national body dictating to National Olympic Commitees, and therefore national governments (directly or indirectly), how sport should be run in their respective countries.

Claiming compensation: Will FIFA cash out for 2022 World Cup bidders?

Kevin - November 2013
An in-depth analysis of the attitude of US sport to the threat of match manipulation.

Has lex sportiva flown the CAS’ nest?

Kevin - October 2013
My take on whether the Court of Arbitration for Sport can be considered the principal architect of a unique body of global sports law.

The legal impact of a 2022 winter World Cup

Kevin - October 2013
The hottest topic on the international sporting agenda in recent weeks has been the proposal of staging the 2022 FIFA World Cup in Qatar in winter. I explores the possible legal and economic implications for a number of interested stakeholders.

Criminal law sends a stark warning to football related offenders on or offline

Kevin - September 2013
An overview of the latest criminal guidance surrounding football related offences

Yellow card: directors’ responsibilities and a warning from recent football history

Kevin - August 2013
Analysis of Ticketus v Craig Whyte where a claim for misrepresentation was made against the former Rangers FC director

The Horwill Lions hearings and the future of rugby disciplinary proceedings

Kevin - August 2015
I analyse the two disciplinary hearings relating to Australia captain James Horwill during the 2013 British and Irish Lions rugby tour and discuss the ramifications for the future of the rugby union disciplinary process.

Is it time for the law to rein in sports gambling advertising?

Kevin - May 2013
Comment on future plans regarding the regulation of sports betting advertising in the UK and Australia

CONCACAF shows FIFA the way in outing Warner and Blazer and what next?

Kevin - May 2013
Analysis of and comment on the CONCACAF's Integrity Committee’s ‘Report of Investigation’ on Jack Warner and Chuck Blazer for corruption

Exploitation of Live Sport Data Goes Into Extra Time

Kevin - April 2013
Analysis of the latest in a string of cases affecting data provided by companies for sports betting purposes which has implications for both the UK and Europe.

Fouls and intent in the not so beautiful game

Kevin - March 2013
Informing the debate on serious foul play and intention in football's Laws of the Game

Match-fixing in London Olympic year: scandals, lessons and policy developments

Kevin - March 2013
This article examines issues ranging from the increasing use of polygraph (lie-detector) tests and the role of national and international bodies, to the sports that have been knee-deep in the match-fixing mire during 2012 and whether the current approach to sanctioning is proportionate.

Dragging golf into the 21st Century: the end of male-only clubs?

Kevin - December 2012
Critical analysis of an often underplayed issue in the field of sporting integrity

Is it time for a CAS ad hoc Division at the Paralympics?

Kevin - October 2012
Putting a case forward on why the Paralympics should call on the services of CAS during the Games

An age old discussion: what sports should be ‘Olympic sports’?

Kevin - July 2012
Critical comment of the IOC's process for selecting what sports should be included in the Olympics

US DoJ performs about-turn on the Wire Act leaving the door ajar for online gambling

Kevin - May 2012
Commentary on the policy developments in the US as regards online gambling

Match-Fixing - The Biggest Threat to Sport in the 21st Century?

Kevin - May 2012
An academic paper examining all aspects of match-fixing in all sports around the world

Money laundering in football - lessons for the sports industry

Kevin - January 2012
Describing the threat, examining the legislative regime and highlighting the structural weaknesses in football that make it susceptible to money laundering

Alleged racist conduct: sport sanctions and criminal law

Kevin - January 2012
Considering the role the criminal law should play in allegations of racism in sport in light of both the Luis Suarez and John Terry cases

NFL & NBA Lockouts: A UK Lawyer's Legal Retrospective

Kevin - January 2012
An in-depth paper detailing the lockouts in the NFL and NBA in 2011 by analysing the interplay between antitrust and labour law in the US and comparing the approach taken by the law the relationships between owners and players in professional sports in Europe