Although the number of organisations under the public law umbrella has expanded in recent years, sports governing bodies continue, at least for now, to be excluded from the category of entities subject to judicial review.
This is perhaps surprising given the ‘public element’ test adopted since R v Panel on Takeovers and Mergers, ex parte Datafin, 1987, and the increasing importance of sport’s governing bodies in everyday life. For example, the Football Association (FA) seems more akin to a government department these days, particularly given its responsibility for projects such as Wembley Stadium, the national team and every level of ‘the beautiful game’.
