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ICL stands on a strong legal footing

The Indian Cricket League seems to have done its legal home-work before proceeding with their plans. The plans which are modeled on Packer’s World Series of Cricket, can hope to sustain any legal attack on the same basis as the High Court of England & Wales restrained the predecessors of the ECB and ICC from restraining/intimidating international players from joining Packer’s bandwagon.

Tony Grieg, John Snow & Michael Procter backed by Packer led the challenge in the High Court in 1978 to challenge that ban against all players who agreed to play in Packer’s World Series Cricket from playing in future test matches organised by the ICC (then the International Cricket Conference) . Grieg & Co landed with success on the basis of the tort of unlawfully inducing a breach of contract. The case is reported as Grieg v. Insole in [1978] 3 All ER 449.

The Court held that the change in rules was an unreasonable restraint of trade. Justice Slade added that the ban did not protect the game and was not in the public interest.

This decision was followed by the Australian Federal Court in 1986 in Hughes v. Western Australian Cricket Association when the cricket authorities in Western Australia banned rebel cricketers who had participated in a tour of South Africa (then ostracized by the ICC due to apartheid) . The Court held the ban to be a restraint of Hughes’ trade as a professional cricketer.

Thus it is not surprising to find the ICL initiate legal action against the BCCI in the Delhi High Court.

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Ninad, great article. High time the under-performing, over-collecting BCCI gets a run for its money. I hope the ICL succeeds. The Indian public has been paying full price for sub-standard entertainment for too long.

1 libertarian August 25, 2007 8:52 pm

UPDATE : The ICL has already found initial success in the Delhi High Court : http://www.hindu.com/thehindu/holnus/001200708271741.htm

2 Ninad Laud August 27, 2007 1:13 pm

The formation of the ICL and its initial success in the Court has change the course of history of cricket in India and has opened floodgates of opportunities for young cricketers in the schools and universities of the country. BCCI should welcome the development rather than putting up a sullen face purely for its commercial interests in the game

3 DR D C VOHRA August 28, 2007 2:57 pm

Indeed Dr. Vohra. Interestingly, the best talents in sports like Football and Basketball have come up through leagues akin to the ICL.

4 Ninad August 29, 2007 2:25 pm

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8 achuikov December 25, 2009 6:04 pm

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