Kaneria v The English & Wales Cricket Board Ltd
2014
COMMERCIAL COURT
United Kingdom
CORAM
- MR JUSTICE HAMBLEN
Areas of Law
- Sports Law
- Arbitration and Dispute Resolution
2014
COMMERCIAL COURT
United Kingdom
CORAM
AI Generated Summary
Mr. Danish Kaneria, a Pakistani cricketer, was banned for life and fined £100,000 by the ECB for his involvement in spot-fixing. Kaneria's appeal to set aside the arbitral award and seek permission to appeal under Sections 68 and 69 of the Arbitration Act 1996 was dismissed. The court found no irregularities or errors of law in the Arbitral Panel's decisions to uphold the ban and costs order.
Judgment
Mr Justice Hamblen :
Introduction
“What do they know of cricket who only cricket know”.
This well known quotation from CLR James’ book “Beyond a Boundary” illustrates the richness and reach of cricket. The facts as found in the present case show that, for some people, the reach of cricket has extended far beyond any boundary imaginable when CLR James wrote his celebrated book some fifty years ago.
The applicant, Mr Kaneria, is a Pakistani national and a professional international cricketer of considerable repute and experience. He played for Essex Cricket Club for six seasons between 2004 and 2010 as an overseas player.
The Defendant (“the ECB”) is the body with responsibility for all aspects of the administration of the game of cricket in England and Wales.
On 5 September 2009, Mr Mervyn Westfield, a young Essex fast bowler, played in a one day match between Essex and Durham. As he was later to admit in the Crown Court, he bowled deliberately badly having agreed to concede 12 runs in his first over in return for financial reward. In the event he conceded 10 runs, including a wide, and received £6,000. For this “spot-fixing” he was sentenced to four months imprisonment in February 2012.
The disciplinary proceedings brought by the ECB against Mr Kaneria alleged two charges against him: (1) he had induced or encouraged, or attempted to induce or encourage, Mr Westfield not to perform to his merits by deliberately conceding a minimum number of runs in breach of 2009 ECB Directive 3.8.5; and (2) he had thereby conducted himself in such a manner as might bring the game of cricket or any cricketer into disrepute in breach of 2009 ECB Directive 3.3. Mr Kaneria denied both charges.
On 22 June 2012, following a five day hearing, a three man Disciplinary Panel of the ECB’s Cricket Discipline Commission, chaired by Mr Gerard Elias QC, found Mr Kaneria guilty of both charges. It decided that it was appropriate to impose a life ban (“the Life Ban”) on Mr. Kaneria and that Mr. Kaneria should pay the sum of £100,000 towards the ECB’s legal costs and expenses of the proceedings before the Discipline Panel.
Mr Kaneria appealed against that decision to an independent Appeal Panel set up by the ECB’s Discipline Commission (“the Arbitral Panel”). The appeal was by way of rehearing and took place over five days in April 2013 before a five man panel, chaired by HHJ Edward Slinger.
The Arbitral Panel issued its decision on the merits in May 2013. It found tha