Saracens primary line of defence was that the Regulations breach Competition law, are “illegal and thus void and unenforceable” (para 12). Saracens did not challenge this (para 229). The Panel thought there was “force” in Saracens’ defence and, ultimately, found it unnecessary to determine the point because the SCM was in any event entitled to treat the £800,000 overpayment as Salary on the basis of the valuations discussed above (para 269). 7.7 Introduce sanctions for clubs that do not comply with reasonable requests from auditors within a reasonable time frame. The Guardian has learned that at least one club plans to do so despite opposition from the Rugby Players’ Association. He placed particular weight on the fact that MBN is a Connected Party of Saracens and has “extremely close connections” with the club (factor (i)) – indeed, MBN has its main premises at Saracens’ Allianz Park. 3. In 2016/17, the Senior Ceiling was £6,000,000, and Saracens were charged with exceeding that amount by £1,134,968.60 (paragraph 4 of the Decision). Much of what I have written remains valid, but this article will aim to provide some clarity.

However, it held that the discretion cannot be considered “in a vacuum”, but must be considered against the carefully considered scheme of Regulation and penalties (para 312). This was particularly so because: “Clubs are principally motivated by a desire to win and retain PRL membership, not by a desire to make profits (as evidenced by their continuing loss-making). Turning to Regulation 14.2, PRL considered this discretion ought only to be exercised in “extraordinary circumstances not contemplated when the specified sanctions were agreed”. The breaches in SCY 2016/17 concerned property co-investments with players by Connected Parties of Saracens, and payments for alleged promotional appearances. Second, Saracens needed to show an appreciable anti-competitive effect.

The Panel concluded that Mr Rogers was “not only reasonably entitled, but right, to take [this] view” (para 183): the factors suggesting the Capital Contributions and Capex Funding were Salary heavily outweighed those suggesting they were not.

The idea for the investment came from Itoje’s accountant and, in negotiating the purchase price, the investors used an independent valuation from accounting firm PwC (para 252). Therefore, the Panel agreed with Mr Rogers’ interpretation, adding that it was, in any event, an approach he was “reasonably entitled to adopt”. The controversies of…, Plymouth Albion Rugby Football Club (the “Club”) of National League 1 has hit the rugby press over the past few…, Over the weekend of 28 June 2020, a public disagreement broke out between two Premiership rugby clubs over the services…, On 21 April 2020, the RFU published the decision of an independent disciplinary panel (the “Panel”) in the matter of…, Scotland’s Legal Threat to World Rugby: Explained, Spanish Rugby Federation v World Rugby (Part II).

The club contended it was wrong to ignore the sums spent on improvements, and only to consider the property’s increase in value. This approach is consistent with the rest of the Decision but does feel somewhat harsh, given that Saracens in no way benefited from the delayed repayment.

He has the chance to compete in two more World Cups and may well play professionally for another 8 to 10 years, given his good injury record to date. Overall, the Decision appears legally accurate and well-reasoned.

6.6 Require clubs to nominate a salary cap officer who has duties to the SCM.

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