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Court & Bowled

The first review is by Robert Griffiths QC, head of 4-5 Gray's Inn Square, and the former head of the MCC Laws Subcommittee.  Mr Griffiths has appeared in many important cases on cricket and the law. The review was published in both the New Law Journal and Counsel Magazine

 

 

"informed and entertaining ... a scholarly and stimulating work .... great detail and with much perspicacity and vision"

From Lord Judge, the former Lord Chief Justice, in the Times

(11 December 2014):

"a thoughtful and well written book ... Most intriguing is the meticulous analysis of incidents or events of high drama"

From the Queensland Law Reporter – 28 November 2014 – [2014] 46 QLR 6-7

 

"This book delivers on its promise, serving the reader with a collection of tales about cricket broadly related in some way or another to the law. This book will be of interest not only to those with a keen interest in cricket, but to any reader who will enjoy a well written and lively collection of tales often as much about human failings and politics as about cricket. Of those stories, none is better known to lawyers than Lord Denning’s tribute to the delights of village cricket in his Lordship’s judgment in Miller v Jackson, refusing relief to the hapless newcomers who happened to have built their home abutting the village cricket ground. In this book Wilson moves from tale to tale in a thematic way between tales including about “the Demon Drink”, England’s brush with apartheid South Africa in the Basil D’Oliveira affair (“the Despots”), Kerry Packer’s battle with the ICC in the late 1970’s with World Series Cricket (‘the Revolutionary’) and a number of infamous libel actions (“The Libels”). The final chapters then seek to draw upon the legal themes discussed, consider the spirit and law of cricket itself, and expresses the author’s thoughts on a number of controversial subjects, including the role of umpires in the technological age." 

"a well written and lively collection of tales often as much about human failings and politics as about cricket"

From the Law Society Gazette, 9 February 2015:

"This is an interesting and entertaining collection of stories and cases involving cricket as it interacts with the law. Some are of general interest and raise topical ethical questions – for example the death of Peter Roebuck, a cricketer who became a journalist. Roebuck committed suicide when he was about to be arrested over allegations of sexual offences against young men he was coaching. His death meant questions arising over these allegations were never resolved.

 

The writer also explores alleged match-fixing, issues in the laws of cricket itself, and the debate about whether actions are within the spirit of the laws of the game even if they are legal.

 

There is a chapter on nationality which ought to interest immigration lawyers – what qualifications you should have to play for England, when several England cricketers were born in other countries (mostly South Africa). There was Kolpak, which said that anyone who was a member of a country which had a trade agreement with the EU could play for English counties without a work permit or without being counted as an overseas player. This encompassed South Africa and some West Indian islands.

 

The author includes a discussion of probably the most famous cases involving cricket – Bolton v Stone and Miller v Jackson. These concerned neighbours complaining of being injured by cricket balls or having property damaged by cricket balls.

 

Wilson ends on two primary threats to cricket. What if the law becomes too intrusive? For example, a judge finds someone liable in negligence for something which happens in the ordinary course of a match, or guilty of a criminal act for what has hitherto been considered an acceptable risk of the game. There is a danger that players would be forced to take too many precautions against future litigation.

 

The second threat is that the law might fail to be intrusive enough, by not preventing illegal bookmakers and players being involved in match- fixing."

"an interesting and entertaining collection of stories and cases involving cricket as it interacts with the law"

From Wisden Cricketers' Almanack 2015, p 131 (the author is Patrick Collins, a very experienced sports journalist who has won many awards): 

"A surprising gem ... all in all, a thoroughly enlightening piece of work."

From Cricketweb, 25 April 2015, by Martin Chandler

"One of the first cricket books I ever bought was by a retired solicitor, John Scott, and was entitled Caught in Court. It remains one of my favourites in any genre, bringing together my passion for cricket, and the subject of the profession that has accounted for the majority of the remainder of my waking hours.

 

That was back in 1989, at which time I was a newly qualified novice. I probably knew more law then than I do now, but the legal profession is one where the value of experience cannot be overstated. On each of the many occasions that I have revisited Caught in Court in the three decades since I first read it I have understood more of the tales it has to tell and, I have to admit, a not inconsiderable number of my clients have benefitted from the insights it has given me.

 

Against that background James Wilson’s successor volume is something I greatly looked forward to. It is probably too late in the day for me to learn too many new tricks from the book, but there have been so many occasions in the intervening quarter of a century or so when our great game has come into contact with the law that I knew Court and Bowled would be an entertaining read, and so it has proved.

 

Like John Scott author James Wilson is a solicitor, but unlike Scott, or me for that matter, he has had more sense than to spend his whole life in the profession. I rather suspect that is the reason he has done rather better than Scott at presenting, for a lay person, the legal principles that touch upon the cases he highlights. There is also rather more of a modern journalistic approach to his writing than his predecessor managed. Scott came across as very much the slightly eccentric senior man of a law firm telling and retelling his favourite stories for the benefit of an audience many years his junior, who all aspired to one day emulate him.

 

In many ways however the two books are very similar in approach. Cases are bundled together by broad categories of subject matter. Within that however the layout is rather different, Wilson’s book reminding me at times of the Will Practitioners Handbook that sits, well thumbed, just next to my desk. That is no doubt a consequence of Wildy’s being predominantly a legal publisher, and another side effect of that is the book has an excellent index.

 

One of the beauties of this sort of book is that it need not be, and indeed realistically could never be, an exhaustive treatise on the chosen subject, so like Scott before him Wilson was free to confine himself to those cases that are of particular interest to him. Both men clearly found cricketers’ brushes with the law of defamation a fertile source of good stories. Having written about Sid Barnes’ case, and those of Botham and Lamb v Imran and Cairns v Modi myself I can well understand that. Both Scott and Wilson dealt with Barnes’ peculiar and contrived case, but the latter two were after Scott’s time, so Wilson had the field to himself, and explains the cases very well indeed.

 

The meeting of celebrity and the criminal courts is something that the popular press tends to revel in, and I am slightly surprised that Wilson’s book does not deal with that at greater length than it does. He does provide a whole chapter on “on field” crimes, but despite Chris Lewis’ drugs conviction getting a lengthy mention, and a long look at Peter Roebuck, there is not a great deal else about cricketers coming into conflict with the criminal law.

 

I wonder if Wilson is perhaps planning a separate book looking at some of cricket’s stars who have found themselves before judges, juries or magistrates? I have written about a few myself, men such as Leslie Hylton, Tony Lock, Younis Ahmed and Chuck Fleetwood-Smith but there are plenty of others, the names of Makhya Ntini, Terry Jenner, Frank Foster and Wayne Larkins all tripping off the tongue. Perhaps Wilson thought the recent match fixers have been adequately dealt with elsewhere, but it is a subject that the legal take on would certainly be worth looking at – if Wilson is interested I could certainly furnish him with an introduction to the man at the CPS who was in charge of the Amir, Butt and Asif case, and whilst I don’t personally know the prosecution expert witness I do, as the old saying goes, know a man who does.

 

Wilson writes an interesting chapter on the laws of the game, and it is no surprise that Douglas Jardine’s Bodyline tactics merit a mention there. Of more interest, and not examined is the question of whether and if so to what extent the Iron Duke’s tactics, and later on those of Lillee and Thomson or Clive Lloyd might come into conflict with the criminal law as well as the laws of the game. And if the criminal law is not engaged what of civil law? Do any or all of the bowler, his captain, the umpires, the groundsman or anyone else owe the batsman a duty of care? In truth such questions are probably beyond the scope of a book such as this, but certainly justify further debate.

 

One type of case that would be well within the scope of Court and Bowled is the experiences of those county cricketers who have ventured into UK Employment Tribunals. Scott took a brief look at the contrasting fortunes of Bishan Bedi and Younis Ahmed before that particular forum, and I had high hopes that Wilson might have gone there as well, and examined the more recent examples of the unfortunate disputes that Chris Schofield and John Crawley had with Lancashire, but sadly I was to be disappointed, although again I put it forward as an idea for a follow up.

 

In some ways it is difficult for me to be entirely objective about Court and Bowled, a book which will inevitably appeal to the cricket loving lawyer, but I cannot believe that it will not also be of interest to the layman, and in my view it is well worth the four stars I give it."

"explains the cases very well indeed ... well worth the four stars I give it"

""The law is a ass – a idiot" said Mr Bumble and while that may or may not be true, it can provide rich entertainment for both onlookers and participants. James Wilson leads us gently through some of cricket's most famous and not so famous brushes with the law from many centuries ago to the present day. Although much fun can be had, there is a serious side to many cases and the author uses his expert knowledge to examine both cases and their conclusions, as well as the implications and results."

"... the author uses his expert knowledge to examine both cases and their conclusions ..."

"... the author uses his expert knowledge to examine both cases and their conclusions ..."

From Mr Philip Taylor MBE on Amazon.com

A WONDERFUL BOOK FOR THE CRICKET ENTHUSIAST…
AND SO VERY ENGLISH LIKE THE GAME!

An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister”

Lord Denning once famously said 'in summertime village cricket is the delight of everyone'. It was in a case which author James Wilson suggests was brought by someone who clearly disagreed with him!

 

For lawyers, we have some big leading case law authorities, Bolton v Stone being the highlight for many coming from the law of tort. Many cases exemplify how the game of cricket sometimes fails to avoid the law. Wilson covers many situations common to lawyers and cricket-watchers including neighbours or passers-by who get hit by stray cricket balls, protesters who interrupt matches, players who get into fights or take drugs, and not a few involved with the game who sue each other for defamation.

 

“Court and Bowled” first appeared as a hardback 2014 with the subtitle “Tales of Cricket and the Law”. The subtitle gives readers a flavour of its contents as they are great tales. He covers stories where cricket or cricketers have given “rise to a legal dispute”, and there are more than one would think!

 

Do read the introduction entitled “cricket, justice and non-cricket” setting out a splendid short history of cricket as it appears in early law reports, including a curious case dating from 1598 which, apparently, contains the very first known use of the word “cricket”. These gems appear regularly throughout this impressive text, as Lord Judge testifies. Wilson then turns to specific cases from Victorian times onwards and the heat is on.

 

We, as lawyers, know that some of these disputes have been of fundamental importance to the game itself. The famous decision in Bolton v Stone “affected village and indeed impromptu cricketers everywhere” says Wilson. He continues in this vein writing that if the Australian “Kerry Packer had lost his High Court action in 1978, his cricket revolution would have been over before a ball had been bowled”. Some traditionalists would be quite happy with this, but modernization has marched on!

 

Other cases he cites raise issues which “go well beyond the boundary ropes” such as D’Oliveira’s omission by England from a tour of South Africa which Wilson declares, “ended up being considered in the highest echelons of power in both countries” (governments) so the boundaries can be set very high and long sometimes.

 

All these stories and sagas illustrate matters common to both cricket matches and court cases, the author commenting that “behind the intrigue, entertainment and amusement of both there are real people and real human stories, with all the usual human emotions and fallibility”.

 

Wilson updated the paperback in 2017, writing in his clear, accessible style, free of legal technicalities, and he includes the tragic death of Phillip Hughes, the perjury trial of Chris Cairns and the ball-tampering incident involving Faf du Plessis,

 

It is a lovely book for any cricket follower to own and read. We think it will be of interest not only to cricket fans or lawyers (as a present) yet indeed all who are interested “in tales of high (and low) human drama and great ethical, moral and legal dilemmas”. And, of course, that is what cricket is all about… otherwise it just wouldn’t be cricket, would it!

"It is a lovely book for any cricket follower to own and read."

From Musings from the Boundary, a blog by Trevor Auger

James Wilson won’t be the first name that comes to mind when you think of New Zealand cricket writers, but his book ‘Court and Bowled: Tales of Cricket and the Law’ is an absorbing and entertaining read.

Wilson studied law at the University of Auckland and practised in Auckland and then London where he now works as a legal writer, editor and manager.  His book is a fascinating meander through the intersection of the law and the game, starting deep in history with cases like the 1611 instance of two youths in West Sussex being fined for playing cricket instead of going to church and carrying on through the D’Oliveira Affair, Kerry Packer’s days in Court and the match-fixing saga and Chris Cairns’ first courtroom encounters with Lalit Modi.

 

The book was published in 2014, so it misses the sad death of Phillip Hughes. It would have been interesting to have read Wilson’s thoughts on the subsequent Inquest, as he hypothesises in the book around the situation of liability in a case where a cricketer might be seriously injured or even killed after being struck by the ball.

Not just the headline cases make the cut however, and coverage is also given to cases in England where residents tiring of balls ending in their back yards have sought injunctions against neighbouring cricket clubs.  For the legal aficionados there is ample space given to Lord Denning’s famous Court of Appeal judgement in one such case where the Lintz Cricket Club, in Durham, won the right to continue using their ground to play the game, in spite of the objections of their neighbours Mr and Mrs Miller.

 

Appropriately the dust jacket features a photograph of the club’s ground, complete with the 15 foot high netting fence shielding the next door housing estate from all bar the lustiest of blows.

"... a fascinating meander through the intersection of the law and the game"

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