*302 Greig and Others v Insole and Others 1977 G. No. 22461977 J ...

[1978] 1 W.L.R. 302 Page 10
[1978] 1 W.L.R. 302 [1978] 3 All E.R. 449 (1978) 122 S.J. 162 [1978] 1 W.L.R. 302 [1978] 3 All E.R. 449 (1978)
122 S.J. 162
(Cite as: [1978] 1 W.L.R. 302)
ber country should pursue as soon as possible, in
first class and other domestic cricket activities, the
implementation of the decisions made in regard to
Test Matches.
Following this meeting of the ICC held on July 26,
a meeting of the TCCB was due to be held on August
5, at which it was anticipated that a resolution
would be proposed and passed effectively disqualifying
from playing in any competitive county cricket
match any cricketer who should for the time being
be subject to the newly introduced Test Match
ban. Such county cricket ban was proposed to operate
for a period of two years immediately following
the date of the last day of the last match previously
disapproved by the ICC in which the player concerned
had played or made himself available to
play.
The ICC Test Match ban by its very nature
imposed a serious restriction on the fields in which
those players who had contracted with World Series
Cricket might thereafter seek employment as professional
cricketers. The TCCB ban, if implemented,
will be still more drastic in its effect. Of the
players who have now entered into contracts with
World Series Cricket, about 20 play English county
cricket. Though there are certain other fields of employment
possibly available to them, such as English
league cricket (which does not enjoy first class
status), English county cricket provides by far the
most attractive form of regular employment for any
cricketer who wishes to make his living out of playing
cricket during the English summer. All three individual
plaintiffs wish to continue playing county
cricket and, in the absence of bans, will not be prevented
from so doing by the arrangements which
they have made with World Series Cricket. Furthermore,
irrespective of any bans, Test Match cricket
is probably no longer open to Mr. Snow, who is a
fast bowler aged *312 35 years or to
Mr. Procter, who is disqualified by reason of his
South African nationality. Effectively, therefore,
the proposed TCCB ban would prevent them from
playing in first class cricket at all; and at least Mr.
Procter has no qualifications to make his living in
any other way. Mr. Alexander, in opening the case
on behalf of the plaintiffs, described the county ban
as illogical, because it deprives English cricket of
leading players whose presence is important to the
success of the game, dictatorial, because the TCCB
is asserting the right to monopolise control over
cricket and to stifle all competition, penal, because
the TCCB is seeking to deprive those who play in
World Series matches of the opportunity to make
their living in the summer by playing first class
cricket, and as challenging an elementary freedom,
because by it the TCCB seeks drastically to restrict
the way in which cricketers can earn their livings.
The substantial financial rewards which the three
individual plaintiffs will receive from World Series
Cricket would no doubt compensate them to some
extent for the loss of opportunities in other fields.
There can, however, be no doubt as to the seriousness
of the proposed bans so far as they are concerned
and indeed in relation to many of the other
players not parties to this action who have contracted
with World Series Cricket.
II The issue of proceedings, the relief sought and
the amendment of the defences
Against this background, the individual plaintiffs
issued their writ in the first action on August 3,
1977. In this action they seek a declaration that the
changes of rules by the ICC and proposed changes
of rules by the TCCB would be ultra vires and an
unlawful restraint of trade. Their claim in this action,
however, is not one based solely on alleged restraint
of trade. Further or in the alternative, they
claim that the changes or proposed changes of rules
are void as denying them “the right to work,” that is
the freedom to practise their profession when,
where and how they wish. This alternative plea becomes
rather more significant in the light of the
form of the amended defence to this action, to
which I will shortly refer. Also on August 3 World
Series Cricket issued its writ. The statement of
claim in that action seeks not only declarations that
the changes of rules are or would be void on the al-
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