Asa Tolson

Asa Tolson is a founding member of 23 ES’ Business & Property team. Called to the Bar in 2012, Asa has a growing interest in sports law. His experience in the industry includes having represented a Premier League football club and a rugby league player. Recently, Asa was appointed to sit as a chair of the Rugby Football League’s Operational Rules Tribunal.[1]

1. When did your interest in sports disputes begin? 

My first exposure to sports disputes came long before I was called to the Bar. I have been a fan of rugby league since the age of 8. As a fan, I kept tabs on disciplinary cases against players as well as allegations of rule breaches against clubs. I am lucky to now be involved in such matters as a professional.

2. How did you start gaining work in the sport sector?
 
Organically. I cannot say that I set out to become a sports lawyer specifically. As a barrister you are referred cases by your instructing solicitors. It so happened that a number of those solicitors had clients who were rugby clubs, football clubs, or players. Some of the solicitors were themselves elite athletes prior to becoming lawyers. 

3. Please can you tell us about a sports matter that you have been involved in? 

I sit as one of the independent chairs of the Rugby Football League Operational Rules Tribunal. That involves determining whether a rule breach has occurred by a player, coach, club, or spectator and if so, what the appropriate sanction is. The alleged breaches range from on-field misconduct by players to the use of unacceptable language or aggressive behaviour by spectators. For obvious reasons I cannot give details. 

4. What areas of sports law interest you the most?

Did I mention I was a rugby league fan? Seriously though, I would say a combination of contractual disputes, and issues of safeguarding at community level.

5. Do you have any predictions for the future of sports law? 

The recent Court of Appeal decision in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 (confirming that Courts can order parties to engage in non-court-based dispute resolution) is likely to accelerate the trend towards the use of alternative dispute resolution in sports matters.

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

Much of sports law is, fundamentally, the law of contract. I would recommend that those wishing to embark on a career in sports law ensure they have a solid grounding in contract law.

Also, try to say yes to things. Attend sports law seminars and training. Write articles. Put your hand up for sports cases when they come in, even if they require urgent work. Sports cases are often urgent. It is important to seize opportunities when they present themselves.

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

There is probably no typical day in the life of a barrister. Our diaries are subject to change at the last minute. That is part of what makes the job so interesting. But to give a rough idea:

08:00 – 10:00: catching up with emails and attending pre-trial conference with client.
10:00 – 16:30: trial at court.
16:30 – 18:00: catching up with paperwork.
18:00 – 19:00: chairing RFL Operational Rules Tribunal.

[1] https://www.23es.com/barrister/asa-tolson/