Nick De Marco

Nick is a recognised leading junior with considerable expertise in the field of Sports Law. He has advised and acted for a number of sporting organisations in commercial claims, disciplinary and doping hearings, injunctions against trespassers and ticket touts, claims concerning the interpretation of footballers’ and agents’ contracts and transfer fees, sports’ sponsorship cases, and employment related claims. He regularly advises on the interpretation of and possible challenges to sports bodies’ rules. He has been involved in a number of cases concerning the funding of athletes by sports governing bodies for events such as the Olympics.

As well as appearing in UK Courts and Tribunals he has represented international tennis stars in doping hearings before the International Tennis Federation, and football players before the FA, Premier League and Football League disciplinary and appeals bodies. He has been involved in various cases before the FIFA dispute resolution panel and the Court of Arbitration for Sport (CAS). In addition to appearing in numerous football tribunals he has prosecuted Rugby players on behalf of the Rugby Football Union and cricketers on behalf of the English Cricket Board before their internal disciplinary boards, he represented the Lawn Tennis Association in an appeal by an umpire before the Sports Dispute Resolution Panel. He was previously appointed to sit as a judge by the British Board of Boxing Control in professional boxers’ doping appeals, and advised UK Athletics on their anti-doping contracts with athletes.

Currently he acts as an independent reviewer for UK Anti-Doping in relation to prosecutions of athletes for doping offences.

His clients have included Sports Governing Bodies including UK Sport, UK Anti-Doping, the Lawn Tennis Association, the British Board of Boxing Control, the Professional Footballer’s Association, The England & Wales Cricket Board, the Rugby Football Union, The Welsh Rugby Union, The Ryder Cup Limited, Epsom Downs and Royal Ascot Racecourses, Jogathon, UK Athletics, the Football Conference and the World Professional Billiards and Snooker Association; Football Clubs including: Aston Villa, Birmingham City, Blackburn Rovers, Bolton Wanderers, Fulham, Manchester City,  Queens Park Rangers, Wolverhampton Wanderers, West Ham United, Middlesborough, Swindon Town, Orient, Rotherham United, Yeovill Town, Southend United, and Salisbury City; Bristol Rugby Club, Birmingham & Solihull Rugby Club; a number of Football players including: Joey Barton, Andre Arshavin, Jimmy Bullard, Andrew Cole, Gabriel Heinze, Adrian Mutu, John Obi Mikel, Marcel Siep and Marcus Stewart; the Lotus Renault Formula 1 team, former F1 racing driver Narain Karthikiyan and team Principal Dr Colin Kolles.  He has also acted for a number of football agents and agencies in claims against clubs, other agents and high profile players (including Manchester City’s Elano Blumer, Newcastle United’s Geremi, Arsenal’s Nicholas Bendtner and JLoyd Samuel). In addition he successfully restrained a Premiership football club from changing its sponsorship arrangements through injunctive proceedings, advised Turkish Airways on their sponsorship agreement with Manchester United and acted as senior counsel for Bolton Wanderers in a high profile chancery division image rights case against Chelsea’s Nicolas Anelka.

Nick was previously a Director of Queens Park Rangers FC (2007). He has a unique insight into, and all round experience of, the football industry including issues relating to football finance, commercial rights, sponsorship, employment law issues with players and managerial staff and regulation by the football governing bodies.

Nick is also a member of the Football Association Tackling Homophobia Advisory Group.

Nick has a wide experience of sports arbitration and has been appointed to the Chair of the Judicial Panel of the British Wrestling Association.

• Portsmouth FC v Kanu (December 2012)
  Nick De Marco (led by Jim Sturman QC) acted for Portsmouth FC in a contract dispute with the player Kanu before the Football League. 
• FA v Joey Barton (May 2012)
  Nick represented Joey Barton in the disciplinary proceedings brought against him by the Football Association for violent misconduct following his dismissal from the Manchester City v QPR game in May 2012.
• ECB v Westfield & Kaneria (2012)
  Alongside Ian Mill QC, Nick represented the English Cricket Board in important disciplinary proceedings against Essex County Cricket players related to “spot-betting” fixing in cricket, leading to the lifetime ban of Danish Kaneria. Nick is also representing the ECB in the appeal brought by Kaneria.
• Kolles v Force India (Ongoing)
  Nick is acting for the former F1 Team Principal in a substantial high court claim for commission against the F1 team.
• A Judo Athlete v British Judo (2012)
  Nick is representing a top ranked Judo athlete in his appeal against the governing body over selections to represent the UK in the London 2012 Olympic Games. 
• Andrey Arshavin (FA Rule K Arbitration 2012)
  Nick represented the Premiership footballer and Russian national captain in arbitration proceedings against another.
• Association of Football Agents (ongoing)
  Nick is currently advising the Association of Football Agents with respect to potential changes in the regulations of football agency activity.
• Jimmy Bullard v Hull City (August 2011-2012, Football League, ongoing Arbitration)
  Nick represented the Player in proceedings against the football club arising out of the early termination of his contract. 
• Birmingham City v Alex McLeish (June 2011, settled)
  Represented the Premier League football club (along with Andrew Green QC) in a dispute concerning the resignation of its former manager. 
• FA v QPR (FA Regulatory Commission, May 2011)
  Nick acted for QPR (alongside Ian Mill QC) in defence of various charges relating to Third Party Investment and Football Agents Regulations. QPR successfully resisted the most serious charges, and the threat of a points deduction was avoided, thus enabling the club to be promoted to the Premier League as winners of the Championship in the most important football case since the Tevez litigation.
• Marcel Seip v Blackpool Football Club (FAPL, May 2011)
  Nick successfully represented the player in proceedings against the Football Club relating to a promotion bonus before the Premier League.
• Hasselbaink v Middlesbrough (May 2011)
  Nick represented the football club in a contractual dispute with the player.
• Toulouse v West Ham United (High Court, May 2011)
  Represented West Ham in litigation about training compensation and jurisdiction.
• Strata Sports marketing v Tottenham Hotspur FC (High Court, settled)
  Nick represented the football agency in proceedings against Spurs. 
• Fulham v West Ham United (FAPL)
  Along with Michael Beloff QC, Nick represented Fulham in arbitration proceedings against West Ham arising out of the “Tevez affair”.
• Premier Rugby Ltd v X (A Premier Rugby club) (October 2010)
  Nick represented the club in the first case arising out of the wages cap in Rugby.
• Fleetwood Town FC v The Football Conference (before the FA Appeal Board, 21 April 2010)
  Nick successfully represented the Football Conference at an appeal before the FA Appeals Board, on 21 April 2010, brought by Fleetwood Town Football club. The case concerned a challenge to fairness of the Conference’s decision to expunge the points of a club that had ceased to operate for financial reasons.
• Bolton Wanderers v Nicolas Anelka (High Court 2009)
  Nick represented the Premier League football club in a large image rights case against Chelsea’s Anelka.
• Football Association v Charles Collymore (FA Disciplinary Commission, Autumn 2008 and Spring 2009)
  Nick successfully defended the football agent against various charges in two separate hearings.
• Azam v RFU (RFU Appeals Board, October 2009)
  Nick successfully represented the RFU against an appeal by the Gloucester Premiership player from a ban for kicking the England captain during a game.
• Mark Connolly v Wolverhampton Wanderers FC (FAPL Disciplinary Commission, Summer 2009)
  Nick successfully represented Premier league club Wolves in a dispute about a player’s contract. 
• Birmingham & Solihull Rugby Club v First Division of Rugby (RFU Competition Appeals Board, 6 May 2008)
  Successfully represented rugby club in appeal against decision of the FDR not award points to a losing team where the winning team was in breach. The appeal was very important in that it highlighted important deficiencies and conflicts in the RFU rules.

• RFU v Bristol Rugby Club (RFU Disciplinary panel, 8 August 2007)
• Nike v Tomas Rosicky (High Court (ChD) 9 August 2007)
• Gabriel Heinze v Manchester United FC (Football Premier League Appeals Board, August 2007)
• Fulham FC and Sheffield United FC v The Premier League (High Court, 13 July 2007)
• Dartry Ltd v Narain Karthikiyan (High Court)
• Rachel Potter v UK Athletics (County Court, May 2006)
• Salisbury City v The Southern League (FA Appeal Committee, April 2006)
• West Ham United FC v The Football Association (FA Appeal Committee, April 2006)
• Rotherham United FC v Southend United FC (Football League, February 2006)
• John Obi Mikel v Manchester United Football Club (FIFA Dispute Resolution Panel)
• 3 Players v International Tennis Federation
• Ryder Cup Limited v Tickets2bThere.com (November 2005)
• Epsom Downs Racecourse Limited v Horan (June 2005)
• Adrian Mutu v Chelsea FC (January 2005)
• Joe Royle v Manchester City Football Club (Court of Appeal, March 2005)
• Enrique De Lucas Martinez v Chelsea FC (June 2005)
• Andy Cole v The Football Association (14 October 2004)
• Swindon FC v Neil Ruddock (December 2002)

Employment and Discrimination

Nick has a wide and extensive employment law practice.

He specialises in all aspects of discrimination law; and in High Court work, regularly obtaining or resisting injunctions relating to confidential information and restrictive covenants.

Nick frequently appears in the Employment Tribunal, the Employment Appeals Tribunal and the High Court.

Nick is author of the Blackstone's Guide to the Employment Equality Regulations – a practical guide to the Sexual Orientation and Religion or Belief discrimination regulations, and co-wrote the chapter on discrimination in Lester, Pannick and Herberg on Human Rights. Nick also wrote the section on Sports Cases in Goulding on Employee Competition (Second edition). Nick assists unrepresented appellants before the EAT and been a member of the Management Committee of the Employment Lawyers Association.

• CEF Holdings Ltd v Mundey & Ors [2012] EWHC 1524 (QB)
  Along with Robert Howe QC, Nick successfully represented a number of the defendants in an important new High Court case on springboard injunctions, restrictive covenants and team moves. 
• Cunningham v Allied Irish Bank (2012)
  Nick acted for the bank in a substantial whistleblowing trial brought by the former Finance Director.
• Unison v Kelly & ors [2012] EWCA Civ 1148
  Nick successfully represented the Respondent in an important application before the Court of Appeal which had the effect of protecting the Respondents from costs orders in employment related appeals where there is a significant public interest. Nick previously (2012) won in the EAT below on a significant issue of trade union and human rights law. 
• Foxtons v Hassell [2010] EWHC 2199 (QB)
  Nick represented the London Estate agents in a number of injunctions and applications for search orders, including the high profile case against Mr Hassell. At the return date, Nick succeeded in persuading the High Court that it should provide springboard relief for a period in excess of the restrictive covenants, distinguishing Bullivant.
• Purohit v Hospira (ET and EAT, 2010 - 2012)
  Nick has successfully represented the Respondent in a number of long discrimination and whistle-blowing trials between the parties in the Employment Tribunal and in resisting appeals in the EAT. He has also obtained multiple costs’ orders against the Claimants including maximum costs order in one of the claims. 
• Humphreys v Quinn Glass (ET, October 2009)
  Successfully struck out whistleblowing case at PHR.
• Dr Igboaka v GMC (EAT June 2009)
  Nick successfully represented the GMC in an appeal brought by a doctor.
• Impellam v Long (High Court and Employment Tribunal 2009)
  Nick has acted on behalf of the employer in a series of applications for injunctions and defending an employment tribunal claim against a former chief executive.
• Equality and Human Rights Commission v BNP (July 2009)
  Nick (along with David Pannick QC) was responsible for the initial legal advice and preparation of proceedings that led to the BNP being forced to change its constitution banning non-whites from membership.
• Moran v Wakefield (Employment Tribunal 2008)
  Nick secured a rare injunction in the employment tribunal requiring a trade union officer to be re-employed by the local authority.

• Lighthouse Carrwood v Philip Luckett (High Court, November 2007)
• Villars v Kwik Fit (High Court, April 2007)
• Sahatchu v DPP (EAT March 2007)
• Griffiths v Law Society (ET April 2007)
• World Challenge Expeditions v Outlook and Anr (High Court, January 2007)
• Wilkes v Experian (November 2006)
• Roeser v Commerzbank AG (EAT/0552/05)
• Randle v Mapics (UK) (EAT)
• P Campbell v Ministry of Defence (ET)

Nick has a strong commercial practice having advised on and/or appeared in a wide range of commercial disputes including commercial fraud, worldwide freezing injunctions, injunctions for breach of confidentiality, search orders, bankruptcy proceedings, partnerships, sale of goods and claims by city bankers for commission and bonuses. He has appeared in the Court of Appeal, the High Court and the County Courts. He has particular experience in both obtaining and resisting High Court injunctions. Nick’s sports work also has a heavily commercial focus, he regularly advised and acts in a varied manner of commercial and contractual arbitration disputes.

• CEF Holdings Ltd v Mundey & Ors [2012] EWHC 1524 (QB)
  Along with Robert Howe QC, Nick successfully represented a number of the defendants in an important new High Court case on springboard injunctions, restrictive covenants and team moves. 
• Kolles v Force India (Ongoing)
  Nick is acting for the former F1 Team Principal in a substantial high court claim for commission against the F1 team.
• Universal City Studios v Lace (2012)
  Nick acted for the distributers of the DVD film, ‘American Warships’ in resisting various IP injunctions brought by the producers of the Hollywood ‘Battleship’ movie.
• Remus v BBC and Ors (High Court, 2012)
  Led by Ian Mill QC, Nick represented the makers of the Oscar winning movie, Room at the Top in a copyright dispute with the BBC and others about attempts to screen a new screenplay based on the same original novel.
• Bank of Ireland v Jaffery (Chancery Division, 2012)
  Nick was involved in obtaining various ancillary orders as part of a large civil fraud claim. 
• Lombard North Central Plc v Automobile World (UK) Ltd [2010] EWCA Civ 20
  Nick successfully represented Respondent in the Court of Appeal in an appeal concerning whether the judge should have allowed a litigant to pursue an unpleaded point at trail. 
• Lombard North Central v Automobile World (April 2008, Leeds County Court)
  Nick won 3 day trial in significant commercial claim by finance company against another company.

• World Duty Free v Kirk & ors (December 2007, High Court)
• Frankel v Feldman (2005 - Case No. HC05CO1000)
• Benrache v Stiedl [2003] EWCA Civ 838 – judgment restricted
• Acted for the Claimant as junior counsel for Charles Flint QC, Tom Beazley QC and Tom de la Mare in multi-million pound fraud proceedings involving worldwide freezing injunctions and numerous Norwich Pharmacal orders.
• Fiala & O’Connell v Maple Securities
• Knightsbridge Residential Ltd v Naderah Akhaven
• Junior counsel to Hugo Page QC in high court claim for breach of confidence (case subject to confidentiality).

Nick has advised and acted for a variety of clients including film makers, publishers and professional musicians in disputes concerning copyright claims, a radio station in a dispute with a DJ, claims for an account and contractual disputes between professional musicians over royalty payments and IP rights.

• Universal City Studios v Lace (2012)
  Nick acted for the distributers of the DVD film, ‘American Warships’ in resisting various IP injunctions brought by the producers of the Hollywood ‘Battleship’ movie. 
• Charles Saatchi v Phaidon Press (High Court, 2011)
  Nick acts for the Puplisher in a copyright dispute with the author.
• Remus v BBC and Ors (High Court, 2012)
  Led by Ian Mill QC, Nick represented the makers of the Oscar winning movie, Room at the Top in a copyright dispute with the BBC and others about attempts to screen a new screenplay based on the same original novel. 
• Empire Media productions v Calum Best (November 2007)
  Nick acted for producers of  TV documentary on George Best in dispute with Calum Best over failure to appear in programme
• Rachmaninov v Sotheby’s
  Along with Robert Howe, Nick successfully represented the heirs to Sergei Rachmaninov against the London auction house in litigation concerning the ownership of the composer’s autograph manuscript of his Second Symphony.

Nick has extensive experience, as a result of his Sports’ law practice, of acting in a variety of commercial, contractual and regulatory arbitrations. He also sits as an Arbitrator having being appointed as the Chair of the Judicial Panel of the British Wrestling Association.

Human Rights:

Nick has an extensive knowledge of and interest in human rights law and has advised and acted in a number of cases involving human rights. He is the author of the chapter on Article 14 and Discrimination law in the recent edition of Lester & Pannick on Human Rights and is a regular contributor to Legal Action on human rights cases.

Regulatory:

Nick has a wide range of experience in regulatory work. He is regularly instructed by the General Medical Council in relation to the regulation of the medical professions (appearing often in the High Court and Employment Tribunals on behalf of the GMC) and has been instructed by various sporting regulatory bodies (such as the Rugby Football Union, Football association and the Lawn Tennis Association) and by persons challenging the decisions of regulatory bodies. He often appears before sports’ regulatory bodies defending or prosecuting athletes.  He has also appeared before the Office of Fair Trading adjudicator, and advised other clients in other OFT cases.

Interesting Human Rights cases include:

• Equality and Human Rights Commission v BNP (July 2009)
  Nick (along with David Pannick QC) was responsible for the initial legal advice and preparation of proceedings that led to the BNP being forced to change its constitution banning non-whites from membership.
• Berezovsky v Immigration Nationality Department (County Court 2009)
  Nick represented the billionaire businessman in data protection act challenges to the Department.
• R (Alan Craig & Christian People’s Alliance) v BBC (Admin Court, 30 April 2008)
  Led by Javan Herberg, Nick acted for the BBC successfully resisting judicial review/human rights challenge by a London Mayoral candidate to suggestions to change a Party Election Broadcast.
• George Galloway MP v The Labour Party
  Nick represented George Galloway MP in his much reported two-day disciplinary hearing in front of the Labour Party. The case raised interesting issues relating to freedom of expression, the legality of the Iraq war, the construction of the Labour Party rules and natural justice.
• Uzan v United Kingdom
  Junior counsel to Tom de la Mare for applicants in case before the European Court of Human Rights raising issues of public and private international law and jurisdiction, Article 5, 8 and Article 1 of Protocol 1 of the Convention.
• R v D [2005] EWCA Crim 889
  Appeared with Lord Lester of Herne Hill QC for the Commission for Racial Equality before the Court of Appeal (Criminal Division) in case concerning the definition of "racial group" for the purposes of the Crime and Disorder Act 1998 - and by analogy the Race Relations Act 1976. The Court adopted the CRE's intervening submissions, finding that the use of the word "immigrant" is capable of denoting membership of a racial group.
• R (Refugee Legal Centre) v Secretary of State for the Home Department [2004] EWCA Civ 1296
  Nick and Michael Fordham acted pro bono for the Refugee Legal Centre, instructed by Public Law Project, successfully getting the Court of Appeal to make its first ever full pre-emptive costs order (prospectively ordering that there be “no costs” whatever the result) in a judicial review case.

Interesting Regulatory cases:

• FA v QPR  (FA Regulatory Commission, May 2011)
  Nick acted for QPR in defence of various charges relating to Third Party Investment and Football Agents Regulations. QPR successfully resisted the most serious charges, and the threat of a points deduction was avoided, thus enabling the club to be promoted to the Premier League as winners of the Championship in the most important football legal case since the Tevez litigation.
• Dr Igboaka v GMC (EAT June 2009)
  Nick successfully represented the GMC in an appeal brought by a doctor.
• Football Association v Charles Collymore (FA Disciplinary Commission, Autumn 2008 and Spring 2009)
  Nick successfully defended the football agent against various charges in two separate hearings.
• Azam v RFU (RFU Appeals Board, October 2009)
  Nick successfully represented the RFU against an appeal by the Gloucester Premiership player from a ban for kicking the England captain during a game.
• Mark Connolly v Wolverhampton Wanderers FC (FAPL Disciplinary Commission, Summer 2009)
  Nick successfully represented Premier league club Wolves in a dispute about a player’s contract.
• Birmingham & Solihull Rugby Club v First Division of Rugby (RFU Competition Appeals Board, 6 May 2008)
  Successfully represented rugby club in appeal against decision of the FDR not award points to a losing team where the winning team was in breach. The appeal was very important in that it highlighted important deficiencies and conflicts in the RFU rules.
• RFU v Bristol Rugby Club (RFU Disciplinary panel, 8 August 2007)
  Nick represented Bristol Rugby Club in the first ever Rugby case about “tapping up” of players.
• Dr Alan Tutin v GMC  (High Court February 2009)
  Led by Viv Robinson QC, Nick successfully represented the GMC at a High Court appeal.

Before going to the Bar, Nick worked as a film and video editor. He was also involved in politics and was elected as a trade union representative and student union president.

While at university he won a number of mooting competitions including the Blackstone/Herbert Smith/GTI national mooting competition (1998-1999) and the Inner Temple mooting competition (2000).

Nick worked as a volunteer employment tribunal representative for the Free Representation Unit and secured one of the highest settlement sums FRU handled during 2001 for an applicant in a Race Discrimination claim.

Nick was a court liaison officer for the Venice Commission (Council of Europe Commission for Democracy through Law) from 2001-2007, selecting leading constitutional cases from the UK for publication in its international bulletin.

In 2000-2001, Nick taught Public Law at University College London. He then became judicial assistant to the then Lord Chief Justice, Lord Woolf (2001), working in the Court of Appeal on a number of cases and speeches. He has also worked for solicitors firms both in the UK and the United States.

Nick is an enthusiastic photographer, occasionally working on a professional basis and often travelling the world to take photos. He has published various books including “Cubans” available on Blurb.com.  The international photography magazine, Leica Fotografia International, featured a 12-page profile of his work in June 2010. His work has been exhibited in central London.

Nick is also a football fan and previous Director of his favourite club, QPR.

A lover of all things Italian, Nick spends much of his spare time in his house in southern Italy where he is developing a small vineyard and wine-making.

Publications:

• Contributor, Goulding on Employee Competition (2nd ed., 2011) – responsible for the section on Sports cases. 
• Contributor, Lester and Pannick Human Rights Law and Practice 3rd ed. (2009) and 2nd ed. (2004) – responsible for the chapter on Art 14 (Discrimination)
• Author, Blackstone's Guide to the Employment Equality Regulations (2004) – a practical guide to the Sexual Orientation and Religion or Belief discrimination regulations
• Former Editor of Sports Law Case Reports for the Journal of the British Association of Sports Law (BASL) (2006-2008)
• Former General Editor, Administrative Court Digest (2002-2005)
• Contributor to Legal Action magazine on UK Human Rights cases (2002-2005)
• Editor of the Venice Commission Bulletin on Constitutional Case Law (2000 - 2001)
• Contributor, European Human Rights Case Summaries, B. Mensah, Cavendish (2002)
• Editor of the UCL Faculty of Laws Jurisprudence Review 2000
• Nick is also editor of Blackstone Chambers’ Sports' Law Focus

Articles:

• 2012 Olympics – Legal challenges to selection - The Lawyer, 2 July 2012
• Euro 2004 ticket case sets precedent for sporting events (World Sports Law Report, Vol 2, Issue 6, June 2004)
• Interpreting Termination Clauses – paper co-written with Monica Carss-Frisk QC for talk given at the IRS “Employment Law in the High Court” conference in May 2004. The paper focussed on PILON clauses, whether a termination clause is a liquidated damages clause or a penalty clause, and the application of UCTA.
• The New Discrimination Regulations – Paper accompanying talk given to ELA voluntary sector conference on the race relations (amendment) act, sexual orientation and religion of belief discrimination regulations (January 2004).
• Sexual Orientation and Religion or Belief discrimination - Defining the grounds (ELA Briefing, Vol. 11, No. 7, Jan/Feb 2004)
• Identity crisis - what constitutes a public body in public law? Co-written with Tom de la Mare (The Lawyer, 11 November 2002, Vol. 16 issue 45)
• Can human rights survive the ‘war on terrorism’? (The Lawyer, 30 September 2002, Vol. 16 issue 39)
• Marxism and Democracy - Apex and Abrogation (UCL Faculty of Laws Jurisprudence Review 2000 pp. 36-58)

Other Information:

VAT registration number:  796265871