Liverpool are virtually powerless to seek legal redress for the controversial VAR failures that enraged the club following defeat to Tottenham Hotspur.
Club officials were furious that Luis Diaz’s goal was wrongly disallowed after a breakdown in communication between the VAR officials, Darren England and Dan Cook, and referee Simon Hooper.
Referee chief Howard Webb called Liverpool executives to apologise after the match and the Professional Game Match Officials Limited (PGMOL) – the body that represents referees – released a statement describing it as “a significant human error”.
However, in a statement Liverpool dismissed the apology as “unacceptable”, insisting that “sporting integrity” had been “undermined”. The club added: “We will explore the range of options available, given the clear need for escalation and resolution.” Liverpool have made a formal request to the PGMOL for audio conversations between officials from Saturday’s 2-1 loss at Tottenham.
But i has been told by prominent sports lawyers that it will be “extremely difficult” for Liverpool to successfully mount legal action, should the club pursue that course, due to protections in the laws of the game.
“Whilst it is undoubtedly frustrating for Liverpool and its supporters, this is clearly not the first incorrect decision involving VAR since it was introduced, nor will it be the last,” Mishcon de Reya lawyer Oliver Millichap told i.
“However, a disgruntled club will find it extremely difficult to successfully bring a challenge against the Premier League, the PGMOL and the match day officials in connection with the incident for a number of reasons.
“The laws of the game specifically make it clear that any decision by the referee on the pitch is final. These laws even go as far as declaring that match officials will not be liable for any loss a club may suffer due to any decision taken in accordance with the laws of the game.
“In addition, Ifab’s [International Football Association Board] rules in relation to VAR state a match will not be invalidated because of a match official’s decision not to review an incident or where a wrong decision was reached when VAR was used, which appears to be the case here.”
Key Ifab laws
Law 5, paragraph 2
- The decisions of the referee regarding facts connected with play, including whether or not a goal is scored and the result of the match, are final.
Law 5, paragraph 7
- A referee or other match official is not held liable for any other loss suffered by any individual, club, company, association or other body, which is due or which may be due to any decision taken under the terms of the Laws of the Game or in respect of the normal procedures required to hold, play and control a match.
In the game, Curtis Jones was sent off for a straight red card – a decision Liverpool appealed on Monday – and Diogo Jota was dismissed for two yellow cards. Liverpool lost to an own goal scored by Joel Matip in the sixth minute of stoppage time.
If legal claims are not resolved satisfactorily for an aggrieved club they can be escalated to the Court of Arbitration for Sport. Yet CAS has previously been dismissive of challenges against decisions on the pitch.
Millichap added: “Had an incident like this taken place towards the end of the season, and the decision – or lack of – had a significant impact on that club’s season – such as missing out on the Champions League or title itself – it wouldn’t be completely surprising if the disgruntled club at least attempted to bring a claim – potentially against the Premier League itself – albeit, I suspect the chance of success would still be low.
“In the past where challenges to ‘field of play decisions’ in other sports have been escalated to the Court of Arbitration for Sport (CAS) – CAS has made it clear that generally it will only get involved where a decision has been tainted by fraud, bad faith, bias, arbitrariness or corruption that claimants have been successful, and I would expect the same principle to be taken by any arbitral panel that is constituted should a disgruntled club pursue this further.”
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