Nick De Marco KC

Nick represented the former Premier League football player, Benjamin Mendy, in his successful multi-million pound unauthorised deduction from wages claim before the Manchester Employment tribunal. A full copy of the judgment is available here.

Nick acted for Leicester City FC in a successful appeal against a decision of the Disciplinary Commission, which had found it had jurisdiction to consider an alleged breach of the Profitability and Sustainability Rules (Rule E.49) for 2022/23. The Appeal Board’s decision may be read here.

Nick acted for Southend United FC with respect to the decision of an FA Appeal Panel allowing Southend United's appeal against the imposition of various financial conditions on it by the National League. The Club successfully argued that the League was not entitled to impose such conditions where that had been no 'change' in circumstance. The Club also appealed the subsequent imposition of a £1 million bond on it by the League. The written reasons are available here.

Nick represented the Gibraltar Football Association, whose complaint gave rise to the decision to institute disciplinary proceedings. UEFA’s Control, Ethics and Disciplinary Body imposed a 1-match ban on each of Álvaro Borja Morata, the Spanish national team captain, and Martín Rodrigo Hernández Cascante (or ‘Rodri’, as he is professionally known). The statement of the Gibraltar FA is here. UEFA’s statement is here.

Nick acted for Leicester City FC in a challenge to the Premier League’s authority to consider an alleged breach of the Profitability and Sustainability Rules.

The decision of the independent Commission may be found here.

Nick acted for the first 3 Participants (two football agents/agencies and the former Premier League and England international player, Gareth Barry) in regulatory proceedings concerning allegations of agents having a prohibited interest in a football club.

The case is significant because the Commission dismissed the charge of secondary liability against all Participants as it found FA Rule E.9, prohibiting agreements or attempts to breach other Rules, was limited to breaches of other FA Rules, and not FA regulations such at the Intermediaries Regulations (see [86] – [100]). In addition, the Commission ruled that FA Intermediary Regulation E8(i), providing a Participant must disclose to The FA a prohibited agreement within 10 days, did not apply to Mr Power as was he was not a Participant when he entered the prohibited agreement [80].

A copy of the full written reasons can be found here.

Nick (along with Hollie Higgins) is acting for the Defendant racing driver and companies in a multi-million dollar claim brought by McLaren.

Nick is leading counsel (along with junior, Ravi Mehta) acting for the football players’ union, the PFA, with respect to the Premier League’s proposed player salary cap. Previously, Nick and Ravi successfully acted for the PFA against the EFL League One and League Two salary cap, having it declared unlawful and replaced halfway through the season in The PFA v The EFL – Football League 1 and 2 Salary Cap Arbitration (Independent Arbitration Panel, February 2021).

Nick is leading counsel for former F1 World Champion Racing Driver, Felipe Massa in a landmark claim in respect to an alleged conspiracy to cover up the outcome of the 2008 F1 Championship and the deliberate crash by Renault’s Nelson Piquet Jr.

Nick acted for the British Boxing Board of Control in its successful appeal against a decision of the National Anti-Doping Panel (NADP) involving the boxer, Mr Benn.

Nick acted for Nottingham Forrest FC in relation to a breach of the Premier League’s Profitability and Sustainability Rules (PSRs) for the period ending Season 2022/23. The case was heard in accordance with the new “standard directions”, which provide for an expedited timetable so that PSR cases can be resolved in the same season the complaint is issued. Nick also acted for the club in its appeal against the decision of the Disciplinary Commission.

The Commission’s decision may be found here, and the Appeal decision may be found here.

Nick acted for the football club in an application for interim relief against the EFL arising out of a letter from the EFL’s Chief Executive suggesting the EFL would seek to impose any points deductions imposed by the Premier League with respect to its 2022/23 Profit & Sustainability rules in the 2023/24 Championship season. The application was dismissed, but only upon the EFL unconditionally conceding that it had no power to impose a points deduction ordered by the Premier League in the Championship. A copy of the Decision is available here.

Nick acted for the Celtic manager, Brendan Rodgers with respect to misconduct charges brought relating to Mr Rodgers’ comments about Match Officials. The Charge was proven, and Mr Rodgers was suspended for the minimum period of two matches, but with one of those match suspensions suspended.

Nick represented Sheffield United Football Club in proceedings relating to the Club’s admitted breaches of EFL Regulations concerning late payments to other clubs during the 2022/23 football season. The Agreed Decision can be read here.

Nick acted for Leicester City FC in an important case concerning the interpretation of parts of its Profit & Sustainability Rules. Leicester City Football Club successfully challenged the imposition of a 'Business Plan' on it on the basis the EFL Club Financial Reporting Unit was acting outside of its powers. The written reasons can be found here.

Nick represented Brighton and Hove Albion FC in a claim before the Professional Football Compensation Committee for compensation against Chelsea FC concerning former Academy players Zak Sturge and Shumaira Mheuka.

Nick acted for the PBA in relation to an appeal brought by the crossover boxer KSI about the outcome of his fight with Tommy Fury.

Nick has been advising and acting for various Premier League clubs with respect to potential claims they have against Everton FC arising out of Everton’s breaches of Premier League financial spending rules.

Nick De Marco KC acted for Nottingham Forest’s Harry Toffolo in a hearing before an FA Regulatory Commission involving charges for breaches of The FA Betting Rules. The Player admitted 375 breaches of the betting rules between January 2014 and March 2017. He was given a 5-month suspension from football, but that suspension was itself suspended in its entirety unless he commits another breach of betting rules before the end of the 2024/25 season. The Player was also fined just over £20,000. The case is one of the latest high profile Premier League football betting cases Nick has been instructed in. The full written reasons for the decision of the Regulatory Commission are available here.

Nick acted for Cardiff City FC in an arbitration and then disciplinary appeal against the EFL leading to an Agreed Decision reducing a fee restriction on Cardiff’s ability to pay fees on football transfers and loans from 3 transfer windows to 2 transfer windows, inclusive of the January 2023 winter transfer window. The case related to Cardiff’s breach of the ‘30-day rule’ after it paid an initial payment to Nantes FC for the transfer of Emiliano Sala late.

Nick represented the Premier League striker, Ivan Tovey, before a Regulatory Commission of The FA considering charges of breaches of The FA Betting Rules. The Commission suspended Mr Tovey from football for a period of 8 months. Their written reasons can be read here.

Nick acted for the retired welterweight world champion boxer, Amir Khan, in proceedings before the National Anti-Doping Panel. On the central issue in dispute in the proceedings, Mr Khan established his anti-doping violation was not intentional. The full written reasons are available here.

Advising Cristiano Ronaldo & Saudi club, Al Nassr on regulatory matters.

Nick successfully acted for the Watford and Morocco international midfielder in regulatory and appeal proceedings brought by The FA. The Player had been charged with a breach of FA Rule E1.1 by allegedly spitting at an opposing player towards the end of their Championship game against Swansea City in October 2022. The charge was dismissed by the Commission, and The FA’s appeal was dismissed by the Appeal Board. The decision of the Appeal Board provides helpful guidance about the application of the civil standard of proof in FA cases, as well as the threshold for an appeal. The written reasons are available here. 

Nick represented Cristiano Ronaldo before an FA Regulatory Commission in relation to a misconduct charge arising out of a match between Everton and Manchester United on 9 April 2022. The Commission imposed a two-match suspension and fine of £50,000 on Mr Ronaldo. The written reasons are available here.

Nick acted for the former professional cricket player and anti-racism whistle-blower Azeem Rafiq in his unprecedented successful application to have the  ECB’s cricket disciplinary proceedings held in public. Details of the case and issues can be found here. 

Nick (along with Shaheed Fatima KC and Luka Krsljanin) acted for Newcastle United in high-profile arbitral proceedings concerned with which entities would own and/or have the ability to control the club following a takeover. The case settled in October 2021. The Club's takeover was approved after the Premier League received legally binding assurances that the Kingdom of Saudi Arabia will not control the Club.

Nick (along with Shaheed Fatima KC, & Tom Richards) acted for Newcastle United in a case involving an application to remove an arbitrator pursuant to section 24 of the Arbitration Act 1996. The section 24 application was dismissed but the Club was successful in arguing the Court’s judgment should be published in unredacted and un-anonymised form.

Represented Fulham in its claim for compensation for the training and development of Harvey Elliot on his move to Liverpool. The PFCC awarded a record breaking amount of compensation to Fulham for a 16-year old player.

Acted for the Professional Footballers Association in its arbitral challenge to the English Football League’s (EFL) League 1 and League 2 Player Salary Caps – the first salary caps to be introduced in European football. The independent arbitral panel ruled that the EFL acted in breach of the Professional Football Negotiating and Consultative Committee's (PFNCC) constitution by introducing salary caps without proper consideration, consultation or agreement. As a result the Salary Caps were immediately withdrawn.

Nick successfully acted for Derby County in high profile disciplinary proceedings relating to the Championship Profit & Sustainability Rules. Charge One involved the Club’s valuation of Pride Park Stadium upon its sale in June 2018 and Charge Two its amortisation policy associated with intangible fixed assets (player registrations). Charge One was dismissed and four of the five elements of Charge Two were dismissed. The written reasons can be found here.

Advising Harry Kane, Jordan Henderson, Adam Lallana and a number of other England footballers over their Image Rights agreements whilst playing in the national team.

Acted for QPR and two Premier League football clubs in arbitral challenges to Football League financial fair play rules based on proportionality and competition law.

Acted for the Premier League Football player in the most high-profile football betting case of the year and then successfully represented the player in his appeal against sanction. 

Represented the Scottish FA in an appeal against FIFA's disciplinary sanctions arising from the controversial "poppy ban" before FIFA and the CAS.

Represented the former owner and the Chairman of Leeds United FC in proceedings to overturn disciplinary sanctions imposed against him by The FA. 

Successfully acted for both the ECB and SKY TV in sports broadcast copyright infringement claim against a website and App creator.

Successfully acted for the International Sailing Federation in appeal proceedings before the Court of Arbitration in Sport in Lausanne, brought by the sailor arising from a finding of cheating in the Americas’ Cup.

Represented the England & Wales Cricket Board in high profile disciplinary and appeal proceedings against Essex County Cricket players related to “spot-betting” fixing in cricket, leading to the lifetime ban of Danish Kaneria. Nick also represented the ECB in the application in the Commercial Court arising out of the same case that led to the landmark decision that a sports appeal process was an arbitration for the purposes of the Arbitration Act. 

Nick (along with Hollie Higgins) is acting for the Defendant racing driver and companies in a multi-million dollar claim brought by McLaren.

Nick is leading counsel for former F1 World Champion Racing Driver, Felipe Massa in a landmark claim in respect to an alleged conspiracy to cover up the outcome of the 2008 F1 Championship and the deliberate crash by Renault’s Nelson Piquet Jr.

Nick (along with Shaheed Fatima KC, & Tom Richards) acted for Newcastle United in a case involving an application to remove an arbitrator pursuant to section 24 of the Arbitration Act 1996. The section 24 application was dismissed but the Club was successful in arguing the Court’s judgment should be published in unredacted and un-anonymised form.

Nick acted for the Premier League club in contempt of court proceedings brought against a former employee, Craig Kline, with respect to certain tweets and other posts made by Mr Kline in breach of the Court’s orders. Following the hearing of the applications (which Fulham secured be heard in private), Butcher J sitting in the Commercial Court upheld Fulham’s two committal applications on 25 November 2020 and fined Mr Kline £25,000 following a sanctions’ hearing on 12 January 2021.

Acted for the Championship Football Club with respect to a professional negligence counterclaim against a leading solicitor's firm.

Successfully acted for both the ECB and SKY TV in sports broadcast copyright infringement claim against a website and App creator.

Acted for car part manufacturer in large contractual dispute with Honda (Led by Robert Anderson QC.

Represented a car dealership defendant in contempt of court proceedings (which were then dropped) brought by the billionaire heiress in relation to a Lamborghini car. He later went on to win the case for his client in a multi-party 7 day High Court trial in which his client was the only one represented solely by junior counsel.

Obtained a search order for an estate agent in a confidentiality case.

Represented the defendant in Contempt of Court proceedings brought by a Russian oligarch in relation to ownership of a Ukranian television station.

Successfully represented (along with Robert Howe QC) a number of the defendants in an important new High Court case on springboard injunctions, restrictive covenants and team moves. 

Acted for the former F1 Team Principal in a substantial high court claim for commission against the F1 team.

Acted for the distributers of the DVD film, ‘American Warships’ in resisting various IP injunctions brought by the producers of the Hollywood ‘Battleship’ movie.

Represented the makers of the Oscar winning movie, Room at the Top in a copyright dispute with the BBC and others about attempts to screen a new screenplay based on the same original novel, (led by Ian Mill QC).

Involved in obtaining various ancillary orders as part of a large civil fraud claim.

Advising Harry Kane, Jordan Henderson, Adam Lallana and a number of other England footballers over their Image Rights agreements whilst playing in the national team.

Acted for QPR and two Premier League football clubs in arbitral challenges to Football League financial fair play rules based on proportionality and competition law.

Nick represented the former Premier League football player, Benjamin Mendy, in his successful multi-million pound unauthorised deduction from wages claim before the Manchester Employment tribunal. A full copy of the judgment is available here.

Nick (along with Hollie Higgins) is acting for the Defendant racing driver and companies in a multi-million dollar claim brought by McLaren.

Nick is leading counsel (along with junior, Ravi Mehta) acting for the football players’ union, the PFA, with respect to the Premier League’s proposed player salary cap. Previously, Nick and Ravi successfully acted for the PFA against the EFL League One and League Two salary cap, having it declared unlawful and replaced halfway through the season in The PFA v The EFL – Football League 1 and 2 Salary Cap Arbitration (Independent Arbitration Panel, February 2021).

Nick acted for the Premier League club in contempt of court proceedings brought against a former employee, Craig Kline, with respect to certain tweets and other posts made by Mr Kline in breach of the Court’s orders. Following the hearing of the applications (which Fulham secured be heard in private), Butcher J sitting in the Commercial Court upheld Fulham’s two committal applications on 25 November 2020 and fined Mr Kline £25,000 following a sanctions’ hearing on 12 January 2021.

Nick acted the former manager of Alexander Zverev (the second youngest player ranked in the top 10 by the Association of Tennis Professionals) concerning a contractual dispute before the High Court. The case involved important restraint of trade arguments and was settled out of court. 

Represented company in injunction and claim for breach of restrictive covenants.

Represented aircraft manufacturer in injunction and claim for misuse of confidential information.

Acted for Appellant candidate for General Secretary of the GMB union, successfully appealing decision of the Certification Officer that he had not been unlawfully excluded from standing for the election.

Obtained an area restraint non-compete interim injunction for estate agents.

Acted for the broker in respect to an application for an injunction and then a speedy trial in an important case about obligations during employment contracts, termination, notice periods, and the right to injunctive relief.

Represented (along with Paul Goulding QC) the retailer in case involving ‘zero hours’ contract dispute.

Obtained a search order for an estate agent in a confidentiality case.

Successfully represented (along with Robert Howe QC) a number of the defendants in an important new High Court case on springboard injunctions, restrictive covenants and team moves. 

Acted for the bank in a substantial whistleblowing trial brought by the former Finance Director. He is currently acting for the bank in the EAT.

Successfully represented the Respondent in an important application before the Court of Appeal which had the effect of protecting the Respondents from costs orders in employment related appeals where there is a significant public interest. Nick previously (2012) won in the EAT below on a significant issue of trade union and human rights law, and successfully obtained substantial compensation for the Claimants later in the ET (2013).

Nick has successfully represented the Respondent in a number of long discrimination and whistle-blowing trials between the parties in the Employment Tribunal and in resisting appeals in the EAT. He has also obtained multiple costs’ orders against the Claimants including maximum costs order in one of the claims.

Nick (leading Natasha Simonsen) is acting for IPS law and the Global Sports Data & Technology Group representing players across football, cricket and rugby in landmark legal action concerning the commercial exploitation of players’ tracking and performance personal data by betting companies and other third parties.

Advising Harry Kane, Jordan Henderson, Adam Lallana and a number of other England footballers over their Image Rights agreements whilst playing in the national team.

Successfully acted for both the ECB and SKY TV in sports broadcast copyright infringement claim against a website and App creator.

Acted in film and television arbitral proceedings in dispute with distributors of movie film involving copyright law issues.

Advised movie director in copyright dispute with producer’s estate.

Acted for the distributers of the DVD film, ‘American Warships’ in resisting various IP injunctions brought by the producers of the Hollywood ‘Battleship’ movie.

Represented the makers of the Oscar winning movie, Room at the Top in a copyright dispute with the BBC and others about attempts to screen a new screenplay based on the same original novel, (led by Ian Mill QC).

Acts for the Publisher in a copyright dispute with the author.

Nick acted for the British Boxing Board of Control in its successful appeal against a decision of the National Anti-Doping Panel (NADP) involving the boxer, Mr Benn.

Nick acted for Nottingham Forrest FC in relation to a breach of the Premier League’s Profitability and Sustainability Rules (PSRs) for the period ending Season 2022/23. The case was heard in accordance with the new “standard directions”, which provide for an expedited timetable so that PSR cases can be resolved in the same season the complaint is issued. Nick also acted for the club in its appeal against the decision of the Disciplinary Commission.

The Commission’s decision may be found here, and the Appeal decision may be found here.

Nick acted for the football club in an application for interim relief against the EFL arising out of a letter from the EFL’s Chief Executive suggesting the EFL would seek to impose any points deductions imposed by the Premier League with respect to its 2022/23 Profit & Sustainability rules in the 2023/24 Championship season. The application was dismissed, but only upon the EFL unconditionally conceding that it had no power to impose a points deduction ordered by the Premier League in the Championship. A copy of the Decision is available here.

Nick (along with Shaheed Fatima KC, & Tom Richards) acted for Newcastle United in a case involving an application to remove an arbitrator pursuant to section 24 of the Arbitration Act 1996. The section 24 application was dismissed but the Club was successful in arguing the Court’s judgment should be published in unredacted and un-anonymised form.

Nick acted for the Premier League club in contempt of court proceedings brought against a former employee, Craig Kline, with respect to certain tweets and other posts made by Mr Kline in breach of the Court’s orders. Following the hearing of the applications (which Fulham secured be heard in private), Butcher J sitting in the Commercial Court upheld Fulham’s two committal applications on 25 November 2020 and fined Mr Kline £25,000 following a sanctions’ hearing on 12 January 2021.

Nick  (along with John Randall KC and Mark Grant) acted for Sheffield Wednesday in arbitral and disciplinary proceedings between the EFL and the Club relating to its sale of the Hillsborough stadium and the Championship Profit and Sustainability Rules. The decisions of the Disciplinary Commission on liability and sanction are available here. Please also find the written reasons here.

Represented the football agent in high profile regulatory proceedings arising out of a £10 million player transfer.

Acted for QPR and two Premier League football clubs in arbitral challenges to Football League financial fair play rules based on proportionality and competition law.

Nick acted for the British Boxing Board of Control in its successful appeal against a decision of the National Anti-Doping Panel (NADP) involving the boxer, Mr Benn.

Nick acted for Nottingham Forrest FC in relation to a breach of the Premier League’s Profitability and Sustainability Rules (PSRs) for the period ending Season 2022/23. The case was heard in accordance with the new “standard directions”, which provide for an expedited timetable so that PSR cases can be resolved in the same season the complaint is issued. Nick also acted for the club in its appeal against the decision of the Disciplinary Commission.

The Commission’s decision may be found here, and the Appeal decision may be found here.

Nick acted for the football club in an application for interim relief against the EFL arising out of a letter from the EFL’s Chief Executive suggesting the EFL would seek to impose any points deductions imposed by the Premier League with respect to its 2022/23 Profit & Sustainability rules in the 2023/24 Championship season. The application was dismissed, but only upon the EFL unconditionally conceding that it had no power to impose a points deduction ordered by the Premier League in the Championship. A copy of the Decision is available here.

Acted for the former Liverpool and England international player in relation to charges brought against him by The FA who alleged he used abusive and/or insulting words against youth players. The Football Association [The FA] charged Mr Beardsley with three breaches of FA Rule E3 following the conclusion of initial disciplinary proceedings by Newcastle United FC into allegations of misconduct. Mr Beardsley is disappointed by the decision and has throughout categorically denied the allegations.

Successfully acted for Celtic captain Scott Brown in disciplinary proceedings brought against him for misconduct relating to gestures made at the end of a Celtic v Rangers match. The Charge was found not proven.

Successfully acted for Crystal Palace goalkeeper, Wayne Hennessey in charges brought against him for making an alleged Nazi salute at a dinner with other players. The charge was found not proven. The full written reasons are available here.

Acted for the Crystal Palace striker in disciplinary proceedings and then an FA Appeal hearing relating to a charge of misconduct against the Player for “sarcastic clapping”. The Appeal Board’s written reasons are available here.

Acted for West Ham United FC in regulatory proceedings brought by The FA following pitch incursions and protests at the London Stadium during the club’s Premier League fixture against Burnley in March 2018. West Ham was fined £100,000 for the breach. The FA's full written reasons are available here.

Represented the football agent David Manasseh in FA regulatory proceedings relating to a breach of FA rules about agents entering contracts with minors. Mr Manasseh was suspended from intermediary activity for three months ending on 31 December 2018 and fined £50,000. 

Acted for the Premier League Football player in the most high-profile football betting case of the year and then successfully represented the player in his appeal against sanction. 

Acted for the England & Wales Cricket Board in relation to high profile disciplinary proceedings against the English cricket players following their involvement in a street fight and social media breaches. 

Represented West Ham and Sakho in case concerning player release for Africa Cup.

Represented football agents in appeal against ban for misconduct.

Successfully acted for the International Sailing Federation in appeal proceedings before the Court of Arbitration in Sport in Lausanne, brought by the sailor arising from a finding of cheating in the Americas’ Cup.

Successfully acted for the England & Wales Cricket Board and player in disciplinary proceedings (defending the player) and appeal proceedings (prosecuting the Indian player, Jadeja) arising out of high profile allegations during a Test Match.

Represented the football agent, Phil Smith in a successful appeal before the FA Appeal Panel against a ban on Mr Smith practising as a football agent following findings that he had breached provisions of the Agents’ Regulations regarding Third Party Ownership. The case is the first one in which an Agent in the UK has been charged with third party interest in a football player, an area in which Nick has specialist expertise.

Represented the FAW in a High Court challenge brought by the football club concerning their admission into the competition.

Represented the England & Wales Cricket Board in high profile disciplinary and appeal proceedings against Essex County Cricket players related to “spot-betting” fixing in cricket, leading to the lifetime ban of Danish Kaneria. Nick also represented the ECB in the application in the Commercial Court arising out of the same case that led to the landmark decision that a sports appeal process was an arbitration for the purposes of the Arbitration Act. 

Nick acted for QPR in defence of various charges relating to Third Party Investment and Football Agents Regulations. QPR successfully resisted the most serious charges, and the threat of a points deduction was avoided, thus enabling the club to be promoted to the Premier League as winners of the Championship in the most important football legal case since the Tevez litigation.