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

[1978] 1 W.L.R. 302 Page 43
[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)
it is creaming off from conventional first class
cricket the star players whom it has itself incurred
no expense in training and preparing for stardom,
with a view to exploiting their talents for commercial
profit.
Furthermore, as I have already made clear, I accept
as a matter of fact that (i) conventional first class
cricket in the United Kingdom at all levels depends
for its financial viability considerably on the profits
from Test Matches played in England against overseas
teams from the other five Test-playing countries;
(ii) cricket in Australia depends considerably
on the profits from Test Matches played in Australia
against the United Kingdom, West Indies and
Pakistan; (iii) cricket in India depends considerably
on the profits from Test Matches played in India
against the other Test-playing countries; (iv) cricket
in New Zealand depends considerably on the profits
made by it from Test Matches played both in New
Zealand and on overseas tours; (v) cricket in the
West Indies depends considerably on the profits
made by it from Test Matches played in England or
the West Indies against the United Kingdom or
Australia.
On the evidence, I also accept in general terms Mr.
Bailey's thesis that in most or all of the Testplaying
countries some of the profits from Test
Matches find their way directly or indirectly to
levels of the game lower than first class level, for
example, by providing coaching facilities for persons
at schools or universities. Consequently I further
accept his and the defendants' thesis that anything
likely substantially to diminish the income
from Test Match cricket would be likely to present
a substantial threat to the financial viability of conventional
cricket as at present organised throughout
the world.(5)
The extent of the immediate threat of World
Series Cricket to the Test-playing countries.
At this point, however, it will be convenient
io consider how far the World Series Cricket
project, as it appeared at July 26, 1977, did in truth
present a substantial immediate threat in this sense
to the finances of the respective Test-playing countries
who were members of the ICC. In this context,
it is necessary to refer to the international cricket
tours of the Test-playing countries which have been
arranged over the next three years, being the proposed
duration of the World Series Cricket project.
In stating the dates of those tours involving visits to
the West Indies, I shall state them as beginning in
mid-February, because Mr. Short indicated that the
West Indies usually try to get their Shell Shield
competition fixtures completed before entertaining
a visiting team. The approximate dates of the 13 international
tours so arranged, according to the evidence,
are (i) October 1977 to February 1978: India
to Australia. (ii) November 1977 to March 1978:
United Kingdom to Pakistan *350
and New Zealand. (iii) Mid-February 1978
to May 1978: Australia to West Indies. (iv) April
1978 to July 1978: Pakistan to United Kingdom. (v)
June to September 1978: New Zealand to United
Kingdom. (vi) September to October 1978: New
Zealand to Pakistan and India. (vii) October 1978 to
January 1979: West Indies to India. (viii) November
1978 to January 1979: United Kingdom to Australia.
(ix) Mid-February to March 1979: India to
West Indies. (x) June to September 1979: India to
United Kingdom. (xi) October 1979 to January
1980: Australia to India and Pakistan. (xii) October
1979 to January 1980: West Indies to Pakistan and
New Zealand. (xiii) May 1980 to September 1980:
West Indies to United Kingdom.
Mr. Packer at the ICC meeting of June 23, 1977,
had stated his intention that World Series Cricket
should be played from the end of November until
the middle of February and his sincerity in making
this statement has not been challenged. Accordingly
when it met on July 26, the ICC could reasonably
have anticipated that clashes would occur between
World Series Cricket matches and only six of the
13 official tours that had been arranged, namely,
numbers (i), (ii), (vii), (viii), (xi) and (xii). As regards
tour (i), however, India never reckons to
make profits out of its tours to Australia; nor does
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