Lawyers refute club owner's claim player contracts have been frustrated in law

7 May 2020

EFL
Photo: PA Images The consequences for frustration are "extreme", and if it were accepted by the courts or football authorities would send the transfer system into "disarray".

Though there is an argument to be made in favour of frustration, the bar is very high, according to lawyers Elke Kendall and Andrew McGregor of Brabners LLP.

Accordingly, the bar has not been met as long as leagues resume, and teams are able to complete the current season.

The consequences for frustration are "extreme", and if it were accepted by the courts or football authorities would send the transfer system into "disarray".

Emil Gjerding Nielson nielson@offthepitch.com

It raised eyebrows when Tranmere chairman and former FA chief executive Mark Palios in a column in the Guardian said he believed there was a "very strong argument" the exceptional circumstances of the coronavirus pandemic meant player contracts have been frustrated in law.

In other words: Void and non-enforceable, meaning clubs would not have to honour them.

The ramifications of player contracts being considered frustrated by the suspension of the leagues would throw the transfer system into disarray

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