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

[1978] 1 W.L.R. 302 Page 7
[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)
he plays in any such match. The plaintiffs in both
actions claim that these new or proposed new rules
will be legally invalid and seek orders which will
effectively prevent the ICC and TCCB from implementing
them. In the second action, World Series
Cricket further claims that the new or proposed new
rules are or would be an unlawful inducement to a
number of players who have entered into contracts
with it, including the three individual plaintiffs, to
break such contracts; it seeks appropriate relief on
this basis.
For many years, the ICC has effectively exercised
sole control over the promotion of first class cricket
matches played at international level. Under its
constitution it has two “foundation members,”
namely, the United Kingdom and Australia, four
“full members,” namely, India, New Zealand, West
Indies and Pakistan and some 16 “associate members.”
Its chairman is the president of the Marylebone
Cricket Club (“the MCC”) for the time being
or his nominee. Its secretary is the secretary of the
MCC. Under its auspices are played official Test
Matches, which are defined in its constitution as
matches played between teams selected by foundation
and full members as representative of their
countries. The functions assigned to the ICC by its
constitution include responsibility for the status of
official Test Matches, the qualification rules for
cricketers for Test Matches and the confirmation of
tours in the programme for visits of official teams
between foundation and full member countries; it
has duly laid down certain minimum qualification
rules that apply to all countries which participate in
Test Matches. It is further empowered in conjunction
with the recognised governing body of cricket
of any country to impose more stringent qualification
rules for that country. This power also has been
exercised. The effect of the ICC's constitution
therefore is such that it claims the exclusive power
to decide the qualifications which any cricketer
must possess, if he is to be eligible to play for any
country in official Test Matches.
The governing body of cricket of the United
Kingdom recognised by the ICC is an unincorporated
association known as “the Cricket Council.”
Under its constitution, it is to
“act as the governing body for cricket in the United
Kingdom and be responsible for the conduct and organisation
of cricket throughout the United Kingdom
and for official tours overseas recognised by
the council.”
It also appoints representatives for the United Kingdom
to the ICC.
The task of actually organising and administering
Test Matches in the United Kingdom and
also MCC overseas tours is performed not by the
ICC or the Cricket Council but by another unincorporated
body, the TCCB. The membership of the
TCCB consists of the MCC, each of the 17 first
class counties and the Minor Counties Cricket Association.
Under its constitution, it is responsible to
the Cricket Council for a number of matters, including
the organisation and administration of Test
Matches in the United Kingdom and MCC overseas
tours and also the administration *309
and promotion of the First Class County
Championship, and the rules governing the registration
and qualification of cricketers in county cricket.
It also administers sponsored one day matches
between the Test-playing countries known as
“Prudential Trophy” matches, and other sponsored
competitions involving the first class counties such
as the “Gillette Cup,” “John Player League” and
“Benson and Hedges Cup” competitions. Under the
rules of the TCCB any cricketer has to be registered
with the TCCB if he is still to be eligible to play
county cricket. Subject to its overriding responsibility
to the Cricket Council, the TCCB thus claims
the exclusive right to regulate the qualifications
which must be possessed by a cricketer if he is to
be eligible to play in county cricket matches. It is to
be observed, however, that the TCCB, like the ICC
itself, has no authority beyond that conferred by the
consent of its members and the plaintiff cricketers
are not members of either body.
© 2011 Thomson Reuters.