Steve Flynn

Steve Flynn is a barrister at Kings Chambers and 2 Temple Gardens. Steve is a sports law specialist, dealing with commercial, employment, and regulatory disputes in the sector. His expertise has seen him ranked in Band 1 by Chambers UK for the last five years,[1] with the Legal 500 noting his great reputation for sports regulatory matters.[2]

As well as being regularly instructed in relation to RFU and FA misconduct hearings, Steve deals with a myriad of commercial disputes before arbitral tribunals and in the High Court. Recent years have also seen him appear in several leading football employment contracts cases, including as to the correct test to be applied in disputes between clubs and players.[3]

Steve also sits as an arbitrator, and is an Arbitration Panel Member at Sport Resolutions. He has also chaired numerous disciplinary panels across a variety of sports. 

1. When did you first start working in the sports sector? 

My first experience of a sports case was in 2014. I was instructed to defend a Championship level rugby union club against an employment claim brought by their former Head Coach. As a rugby union fan, I found the facts of the case fascinating. This led me to investigate sports law more generally, and discover the amount of interesting legal work that there was in the sector.

Having had that initial experience, I set about trying to build a practice in the sector. I did so by contacting all those who I knew in the sports sector, asking if they could help me with introductions. My clerks were a great support, using their contacts to get my name into the market. I also applied for and was appointed to the Sport Resolutions Pro-Bono Panel, from which I gained precious experience. 

Soon thereafter I met Prof. Richard Parrish and Adam Pendlebury from the Centre of Sports Law Research at Edge Hill University. I worked closely with them to organise several conferences in Manchester, which afforded me a great platform and opportunity to meet those working in the sector. 

I was also greatly assisted by Sean Cottrell at LawInSport. LawInSport is an amazing resource for anyone trying to break into this sector, and Sean was a great source of advice and support. 

2. What is it about sports disputes that interests you the most? 

I am a sports fan. If I wasn’t a sports lawyer, then I’d still be reading about the types of disputes I deal with in the press. They are often fascinating. 

Sports disputes also tend to be complex, and I enjoy this challenge. In commercial and employment cases, you are applying the law to a heavily regulated sector where there is often an international element to be considered. No two cases are ever the same, which I enjoy. 

When dealing with a regulatory case, the outcome will likely have an impact on what happens on the field of play. There is a pressure to this, which is exhilarating. 

3. What are the rewards and challenges of working in sports law?  

The rewards are that I am working in a sector that I find interesting. The subject matter of each case tends to be relatable, which is sometimes not the case when I am dealing with other types of commercial cases. You also get to meet fascinating people. Those involved in the sector tend to share a love of sport, which allows for easy conversations and friendships to develop. 

In terms of challenges, sports cases tend to be very fast-moving. You must be available at weekends, and be prepared to drop everything to deal with an urgent matter. 

Also, the type of cases I tend to deal with involve the business of sport. The romance of sport is what happens on the field/track/course. Being immersed in the business side can detract from that romance. 
 
4. What is your proudest achievement in sports law?  

To me, the most important case I have been involved with related to a young child who was excluded from playing football with his friends. 

The child in question was autistic. He tried to join a team, but the coaches refused to allow him to train as soon as they became aware of his autism. They told his mother that he would be a disruptive influence. They did not speak to his mother about coping mechanisms, or seek to identify what reasonable adjustments they could make. The player’s mother contacted me through the Sport Resolutions Pro-Bono Panel and asked if I could help. We brought a discrimination claim before the County Court, forcing the club to reassess the situation. In the end, the player was able to join his friends and enjoy the immeasurable benefits of playing team sport. 

I look back at this and have great admiration for his mother. Many would have accepted the position, and not taken on the pressure of challenging it. She refused to accept her son being excluded. I am proud to have played a small part in supporting her fight for her son’s rights, particularly as I am now a father to an autistic son myself. 
 
5. What are some current trends in sports law that interest you the most?

There has been a marked move in recent years towards mediation as a means of resolving sports regulatory disputes. Historically, governing bodies all too often saw their role as being to prosecute the charges as forcefully as possible, letting the disciplinary panels decide the participant’s fate. The Covid-19 pandemic appears to have led to a sea-change; with governing bodies now willing to discuss mutually agreed decisions. Such an approach allows for sensible resolution of disputes, rather than parties becoming embittered. Whilst some national and international agencies remain extremely resistant to this approach, I hope that in time they begin to recognise the benefits of a more cooperative approach. 

I have also noted a marked trend towards agents/managers/promoters being willing to bring claims against third parties who have induced breaches of contract. Where previously there may have been a reluctance to start arbitral or court proceedings, parties are now willing to do so. This may reflect the greater sums involved as sport continues to grow. Those seeking to poach athletes need to be aware that they are now more likely to be held to account. 

6. Do you have any predictions for the future of sport and/or sports law?

Sport is going through a period of incredible growth. Whilst the Covid-19 pandemic had a short-term impact on the investment into sport, sport appears to have bounced back quicker than other areas of the economy. Premier League football is a clear example of sport attracting investment from around the world; however, I am also seeing this happening in less established sports. Many are receiving external investment with the intention to grow and achieve, for example, Olympic recognition. This brings with it a raft of new problems for smaller sports that may not have the experience of dealing with the complexities that arise from joint venture agreements etc. Recent years have seen me instructed in several cases where these types of agreements have gone wrong. I anticipate that there will be more to come. 

7. What has been the key to your success?   

Many junior barristers express an interest in doing sports work but are put off by the need to attend conferences, write articles, and undertake pro-bono/low-paid work. Clients require you to demonstrate that you have an understanding and experience of the sector. The only way to do that is to invest time and effort. Once you establish yourself, then the rewards come. 

8. What is the biggest lesson that you have learned in your career?  

To ask for help and to listen when it is offered. 

There is a tendency in the legal profession to think that we should know the answers. We don’t like to ask for help. To succeed, you need to overcome this. 

Many of those operating in executive and administrative positions in the sports sector will have vast experience of dealing with complex legal issues. Ask for their thoughts on an approach, rather than telling them what to do. They may be able to highlight a practical problem that you have not foreseen. Governing bodies will have accumulated vast institutional knowledge. Make the most of it. As a lawyer, you are required to give advice and make tough calls, but you should try and do this in as collaborative manner as possible. 

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

To go for it. It is a fascinating area and is very intellectually rewarding. 

Other than that, to seek and listen to advice. You do not have to accept it, but you should listen to it. The sports law sector is extremely welcoming. Most established practitioners are willing to help those who aspire to practice in the area. Don’t be afraid to approach them at conferences or other events. Nearly all of us are friendly and willing to share our experiences and advice. 

[1]https://chambers.com/lawyer/steven-flynn-uk-bar-14:1565918
[2]https://www.legal500.com/c/regional-bar/northern-circuit/sport/
[3]https://www.lawinsport.com/topics/item/the-role-of-the-efl-s-player-related-dispute-commission-in-disputes-between-clubs-and-players?highlight=WyJzdGV2ZW4iLCJmbHlubiJd#_ftn1