Theo Barclay

Theo Barclay is a barrister at 4 New Square specialising in commercial litigation and arbitration. Much of his work is in a sporting context: he successfully represented Liverpool Football Club in two recent Commercial Court trials and is currently acting for boxing promoters Matchroom in litigation against rival Boxxer. Indeed, Theo is recognised in Sport by Chambers.[1] Outside of work, Theo is an avid tennis and cricket fan.
 
1. How did you first start working in sports law?

In 2019, I was instructed by Liverpool Football Club in New Balance v Liverpool Football Club [2019] EWHC 2837 (Comm), a fast-paced Commercial Court dispute about the Club’s kit sponsor. Until then, I had been doing general commercial law but following that I did more football cases and then branched into other sports from there.

2. What areas of law would you say lend themselves well to a career in the sports sector? 

Lots of them. The playing and administration of sport engages many areas of the law, from personal injury through to commercial litigation and public law. There is then the sports-focused regulatory law, which is another fascinating area to work in.

3. What is unique about working in sport, compared to other areas of law?

The people. Sports law clients tend to have a real love and commitment for what they are doing, and a passion that is sometimes absent in more dry commercial litigation. 

4. Please can you tell us about an interesting case that you have worked on? 

I was instructed in Sir Mo Farah v Diamond Mist & Ors, which was a fight centred around a vaping company advert on London buses which Mo Farah contended was a lookalike of him and was an attempt to pretend that he had sponsored the vaping company. Fitting that unusual factual scenario into established legal principles was a real challenge, particularly because there is no standalone protection for ‘image rights’ in English law.

5. What is your proudest professional achievement? 

Appearing in the Supreme Court in Cooper v Lehtimaki [2020] UKSC 33, being led by Guy Morpuss KC who was a wonderful mentor to me as I built my practice.

6. What legal trends are you noticing at the moment in sport, and where do you see the future of sport from a legal sense?

As the value of sports marketing contracts increase, I am seeing increasing numbers of agency disputes over commission on lucrative broadcasting and sponsorship deals. On the regulatory side, the status and fair treatment of trans athletes will be a key issue in the years to come.

7. What advice would you give to aspiring sports lawyers?

Don’t pin yourself down to one particular area of law, say yes to all opportunities that come your way and always be enthusiastic.

8. Please can you describe a typical day in your life?

I generally work from 4 New Square’s beautiful offices in Lincoln’s Inn. Most days are spent working on papers and meeting solicitors or clients on ongoing cases. I try to have lunch in the sun in Middle Temple Gardens in the summer and I am usually back home in time to put my toddler to bed. If I have a trial, that routine goes out the window and usually it is twenty-hour working days.

[1] https://chambers.com/lawyer/theo-barclay-uk-bar-14:25481515