Whether a case is heard in person or on the papers, all first instance Disciplinary Panels are subject to a right of appeal. That appeal can be made against the finding that an individual or team have infringed the Regulations or simply against the sanction imposed for that breach.
It is a significant portion of Daniel’s sports law work advising upon the merits of appealing a particular decision and as to how best a case can be advanced in that appeal. A party may have the right to seek a “de novo” appeal (meaning that the evidence called at the original hearing is tested again in front of a new panel) or to have the appeal heard “on the papers” meaning that fresh submissions are made upon the evidence as recorded in the original judgement. Each of these two types of appeal require separate considerations in terms of evidence gathering and law. It is vital that proper advice is given to the accused as early as possible, so that the best case can be advanced in evidence or on paper. Where an appeal is required, Daniel can prepare written submissions on behalf of the appellant drawing the panel’s attention to any authorities which have previously been decided on the same issue. Daniel can advise upon which of the leading experts might be able to assist upon a particular issue; be that enhancing video footage, the analysis of anti-doping samples or forensic lip reading.
If you feel that advice or representation by Daniel is or may be required please contact Daniel White.