Ben Cisneros

Sports Lawyer | Associate @MorganSportsLaw | Blog @rugbyandthelaw | @Selwyn1882 Graduate

[Rugby and the Law @rugbyandthelaw]

Great to see the firm listed in The Times Best Law Firms, for the first time. 🥂

Apt recognition for the hard work everyone has put in over the (very busy) past 12 months. 👏

Thank you to those who recommended us.

[Rugby and the Law @rugbyandthelaw]

Deysel's high tackle on Dupont has been deemed a top-end offence warranting an entry point of 12 weeks.

Though the decision is not yet published, 6 weeks feels rather severe.

It appeared to be a careless misjudgment rather than anything more sinister. 🧵

#RWC2023 🏉⚖️

[Rugby and the Law @rugbyandthelaw]

I'm looking forward to being in Lille this weekend, to catch up with clients and colleagues around England vs Chile at #RugbyWorldCup.

If you are going to be in town and fancy a chat, please do reach out. 👋

#RWC2023 #EnglandRugby #Rugby #SportsLaw

[Rugby and the Law @rugbyandthelaw]

With #RWC2023 now well underway, it is apt to re-share this piece from LawInSport, which I was very pleased to contribute to.

It is fair to say many of the predictions made by my fellow authors have come to pass, and I am sure that this trend will continue...

#SportsLaw ⚖️🏉

[Rugby and the Law @rugbyandthelaw]

World Rugby are to appeal the Owen Farrell decision.

The panel's decision has now been published, here: https://t.co/D7M9tcf58b

A few thoughts on what comes next. 🧵

[Rugby and the Law @rugbyandthelaw]

A lot of talk about how World Rugby should appeal the Owen Farrell decision.

However, as far as I understand, this disciplinary process is administered by Six Nations Rugby, not World Rugby.

Therefore, World Rugby will *not* have a right of appeal. Six Nations Rugby likely do.

[Rugby and the Law @rugbyandthelaw]

Breaking news... Owen Farrell's red card rescinded.

I hate to say it but... I did call it! 😅

https://t.co/JqtNQojj1v

A huge tip of the hat to the England team lawyer, Richard Smith KC. Stellar work.

#RWC2023 🏉⚖️

[Rugby and the Law @rugbyandthelaw]

NEW ARTICLE: With #RWC2023 now under a month away, and with high tackles continuing to generate much controversy, I have produced a guide to the decision-making framework used by referees and disciplinary personnel - World Rugby's Head Contact Process. ⚖️
https://t.co/HIB54LIHiS

[Ben Cisneros @ben_cisneros]

@timoconnorbl He was clearly targeting the ball, in my opinion. Drop in height may well have made the difference between chest and chin.

[Ben Cisneros @ben_cisneros]

A glimmer of hope for Owen Farrell following his red card against Wales?

Significant disciplinary hearing ahead this week.

#ENGvWAL #SummerNationsSeries #RWC2023 #ENG #Rugby

[Rugby and the Law @rugbyandthelaw]

But could the red card be overturned?

It was clearly foul play, and clearly a high degree of danger.

But is there mitigation?

The effect of Jamie George’s actions appeared to cause Basham to fall shortly before contact. ⬇️

[Rugby and the Law @rugbyandthelaw]

But could the red card be overturned?

It was clearly foul play, and clearly a high degree of danger.

But is there mitigation?

The effect of Jamie George’s actions appeared to cause Basham to fall shortly before contact. ⬇️

[Rugby and the Law @rugbyandthelaw]

Owen Farrell’s yellow card for the below challenge upgraded to a red card 🟥

If upheld, the entry point sanction would likely be a 6-week ban.

This would likely be reduced in mitigation to 4/5 (noting he can’t get full 50% mitigation due to his disciplinary record).🧵

#ENGvWAL

[Rugby and the Law @rugbyandthelaw]

Significant disciplinary outcome for Scotland.

As suggested earlier this week, the charge was amended to Law 9.20 (b) ("A player must not make contact with an opponent above the line of the shoulders"), which ensured a lower sanction.

Coaching intervention allowed, too.

🏉⚖️

[Rugby and the Law @rugbyandthelaw]

Very pleased to have been able to assist former Wasps Women players, who lost their jobs in such difficult circumstances last season, in securing compensation through the Employment Tribunal.

Another feather in the cap too for @womensra, showing the value of player unionisation.

[Rugby and the Law @rugbyandthelaw]

Zander Fagerson has been charged with an offence under Law 9.20(a) ("A player must not charge into a ruck or maul"), which has a mid-range entry point sanction of 6 weeks.

Given he seemed to bind as he entered the ruck, there is an argument that he should have been charged... ⬇️

[Rugby and the Law @rugbyandthelaw]

Would have thought that @JRFURugby's Labuschagne would have a good chance of overturning this red card, ahead of #RWC2023

The late step by Fiji 12 changes the dynamics, leaving Labuschagne no time to adjust; a mitigating factor which should reduce it to a yellow card.

#JPNvFIJ

[Rugby and the Law @rugbyandthelaw]

Is Zander Fagerson's participation in #RWC2023 now in jeopardy?

The mandatory mid-range entry point sanction for making head contact in a ruck (Law 9.20(b)) is 4 weeks.

With full mitigation, that could be reduced to 2 weeks (so he wouldn't miss Scotland's opening game).

[Rugby and the Law @rugbyandthelaw]

Very interesting decision in the Mallía case, which generated such controversy this week.

It was foul play, under Law 9.11 (reckless play).

However, the mandatory min. mid-range entry point was disapplied, as the sanction would otherwise have been wholly disproportionate.

🏉⚖️

[Rugby and the Law @rugbyandthelaw]

Very interesting rugby news today - SANZAAR and Six Nations Rugby to *own* the new ‘Nations Cup’ competition.

Two invitational teams will be part of it from 2026, with World Rugby operating a second tier competition to facilitate promotion/relegation…from 20230 🤔

[Rugby and the Law @rugbyandthelaw]

Really enjoyed hosting our first rugby conference - The Rugby Roundtable - in London last week.

It was great to catch up with clients and colleagues to reflect on the current state of the game, and consider what comes next.

Lots of honest, insightful, and positive discussions.