Editor's note: Laura Donnellan is a lecturer at University of Limerick. You can find her latest publications here.
the 12th of April, João
Carvalho passed away in the Beaumont Hospital after sustaining serious injuries
from a mixed martial arts (MMA) event in Dublin on the previous Saturday. The
fighter was knocked out in the third round of a welterweight fight against
Charlie Ward. Aside from the tragic loss of life, the death of Carvalho raises
a number of interesting legal issues. This opinion piece will discuss the
possible civil and criminal liability that may result from the untimely death
of the Portuguese fighter.
important to note at the outset that MMA has few rules and permits wrestling
holds, punching, marital arts throws and kicking. MMA appears to have little
regulation and a lack of universally accepted, standardised rules. There is no
international federation or governing body that regulates MMA. It is largely
self-regulated. MMA is not recognised under the sports and governing bodies
listed by Sport
Ireland, the statutory body established by the Sport
Ireland Act 2015 which replaced the Irish
Sports Council. MMA is considered a properly constituted sport so long as the
rules and regulations are adhered to, there are appropriate safety procedures,
the rules are enforced by independent referees, and it appropriately
Acting Minister for Sport, Michael Ring, has called for the regulation
of MMA. Currently there are no minimum requirements
when it comes to medical personnel; nor are there any particular requirements
as to training of medical personnel. The promoter decides how many doctors and
paramedics are to be stationed at events. In February 2014 Minister Ring wrote to 17
MMA promoters in Ireland requesting that they implement safety precautions in
line with those used by other sports including boxing and rugby.
this lack of regulation, this does not exempt MMA from legal liability as the
discussion below demonstrates.More...
The European Commission has published the “Study
on Sports Organisers’ Rights in the EU”, which was carried out by
the ASSER International Sports Law Centre (T.M.C. Asser Institute) and the
Institute for Information Law (University of Amsterdam).
The study critically examines the legal protection of
rights to sports events (sports organisers’ rights) and various issues
regarding their commercial exploitation in the field of media and sports
betting, both from a national and EU law perspective.
In a number of posts, we will highlight some of the key
findings of the study.
“It was Hyde, after all, and
Hyde alone, that
In recent years, numerous national and European sports
organisers have called for the adoption of a specific right to consent to the
organisation of bets (“right to consent to bets”), by virtue of which no
betting operator could offer bets on a sports event without first entering into
a contractual agreement with the organiser. More...
Last week, UEFA, presented its annual Club Licensing Benchmark Report,
which analyses socio-economic trends in European club football. The report is
relevant in regard to the FFP rules, as it has been hailed by UEFA as a
vindication of the early (positive) impact of FFP. This blog post is a report
on the report. We go back in time, analysing the last 5 UEFA Benchmarking
Reports, to provide a dynamic account of the reports findings. Indeed, the 2012
Benchmarking Report, can be better grasped in this context and longer-lasting
trends be identified.More...