SmokeyTA wrote:It a condition of membership is unlawful it is unenforceable. Whether agreed to or not. If the Salary Cap is judged an unreasonable restraint of trade it would be unlawful for the clubs to abide by that condition and as such it would be unenforceable whether agreed to or not.
If a club refused to accept any penalty for breach of the rules that were set out (ie salary cap / additional payments by a third party)
could they be excluded from the competition ??
Surely by joining the competition, they are agreeing to work within certain parameters ?
Everyone should have the right to appeal but, in this case, the alleged additional payments to payments are clearly against the agreed rules and it appears the Dr K has decided to have a measuring contest with Red Hall.
There is no doubt that anyone with such wealth usually does well in court but, would any victory for deliberately flouting the rules be good for the game.