DRA must weed out ‘frivolous’ claims, says lawyer

ONE of Ireland’s foremost sports law experts admits that the GAA’s Disputes Resolution Committee (DRA) needs to weed out the growing number of frivolous claims if it is to continue to be successful.

Larry Fenelon, a partner in Leman solicitors, has praised the GAA for it’s foresight in creating the DRA, but admits that it may be a victim of its own success.

“The DRA has offered accessibility to justice for all. But with the explosion in the number of cases some cases are frivolous and some are less frivolous.

“The DRA has brought final and binding resolution to sports disputes. But as it has become more accessible the key question is how to filter out frivolous claims.

He added: “The culture in the GAA to challenge decisions is more than any other sporting code.

“The club is the fundamental unit in the Association. Everyone forgets the common good for the sport when the star player for the club is suspended.’’

Fenelon has had extensive dealings with the DRA acting for the GAA’s Central Council, provincial councils and for a number of County Boards since the creation of the Authority two years ago.

“There will always be sports disputes but the wrong forum to settle them is in the High Court in Dublin. Most organisations realise that fact and the GAA showed great foresight in creating the DRA.

“Many other sports, operating in Ireland don’t have their own sports arbitration.

“The ERC are witnessing that with Trevor Brennan’s High Court challenge last week.

“All of that is old news to the GAA — everyone must take a look at what the GAA has done and learn from them.”

The issue of turning to the courts is according to Fenelon indicative of the changing face of Irish society. He explained: “People are more conscious of their rights than they have ever been. There is also more money around.

‘‘Clubs wouldn’t have gone the legal route ten years ago but now a few business men can front money and pay the expenses which will be incurred.

‘‘But money should not be the reason why people seek resolution.”

Fenelon and partner John Hogan, have launched a new legal practice -Leman Solicitors- with an expertise in Sports Disciplinary Law.

“Losing a pivotal player to suspension at a critical time can prove very costly for any top level team; we are one of the few law firms in Ireland with significant experience in sports disciplinary law.

“We don’t discriminate between any sports code. My experience is primarily within the GAA. The key for people seeking resolution to sports disputes is to have a legal representative who is familiar with the sport and the rules that govern it. We are ready willing and able to look after players and sportspeople.”