FAI back High Court decision on Coughlan
Credit:
The Football Association of Ireland welcomed the High Court's ruling not to grant Mr Tom Coughlan, Chairman of Cork City FC, a judicial review of the FAI independent disciplinary committee's decision which banned him from football related activities for bringing the game into disrepute.
This case vindicates the FAI and its procedures as well as setting important precedent for costly and time consuming legal actions of this nature.
Through this ruling the High Court determined that sporting bodies like the FAI are not amenable to judicial review since the Association is not a public body.
The Court emphasised once again that disputes by members should be resolved through the internal mechanisms provided under Association rules and not made the subject of legal actions. Justice Hedigan noted that the FAI operates a very detailed and clear disciplinary process and provides for a speedy appeals mechanism, all of which was afforded to Mr Coughlan in this case. Regrettably the internal appeal mechanism was ignored by Mr Tom Coughlan.
In making his decision, Mr Justice John Hedigan dismissed the argument put forward that Mr Tom Coughlan, as chairman and owner of Cork City Investment FC Ltd, is not subject to the Association's rules. The Court also noted that a short delay in the original hearing did not give Mr Tom Coughlan a right to arbitrarily walk out and accepted the right of the Chairman of the Disciplinary Committee not to adjourn the disciplinary case against him.
Welcoming the decision, Fran Gavin, Director of the League of Ireland said:
"This High Court victory vindicates the independent disciplinary committee's actions. Their finding that Mr Tom Coughlan brought the game into disrepute and their sanction now stands. By ignoring the internal appeals process open to him and engaging in a costly and entirely unnecessary Judicial Review application to the High Court, Mr Coughlan has squandered money that should have gone into League of Ireland football.
"We again call on Mr Coughlan to stand down from the untenable position he holds at Cork City FC in the interests of the game, the club and most importantly its fans. We thank our Legal Counsel and our solicitors in A&L Goodbody for their assistance in this case."
This case vindicates the FAI and its procedures as well as setting important precedent for costly and time consuming legal actions of this nature.
Through this ruling the High Court determined that sporting bodies like the FAI are not amenable to judicial review since the Association is not a public body.
The Court emphasised once again that disputes by members should be resolved through the internal mechanisms provided under Association rules and not made the subject of legal actions. Justice Hedigan noted that the FAI operates a very detailed and clear disciplinary process and provides for a speedy appeals mechanism, all of which was afforded to Mr Coughlan in this case. Regrettably the internal appeal mechanism was ignored by Mr Tom Coughlan.
In making his decision, Mr Justice John Hedigan dismissed the argument put forward that Mr Tom Coughlan, as chairman and owner of Cork City Investment FC Ltd, is not subject to the Association's rules. The Court also noted that a short delay in the original hearing did not give Mr Tom Coughlan a right to arbitrarily walk out and accepted the right of the Chairman of the Disciplinary Committee not to adjourn the disciplinary case against him.
Welcoming the decision, Fran Gavin, Director of the League of Ireland said:
"This High Court victory vindicates the independent disciplinary committee's actions. Their finding that Mr Tom Coughlan brought the game into disrepute and their sanction now stands. By ignoring the internal appeals process open to him and engaging in a costly and entirely unnecessary Judicial Review application to the High Court, Mr Coughlan has squandered money that should have gone into League of Ireland football.
"We again call on Mr Coughlan to stand down from the untenable position he holds at Cork City FC in the interests of the game, the club and most importantly its fans. We thank our Legal Counsel and our solicitors in A&L Goodbody for their assistance in this case."
