Pontypool relegated after High Court challenge fails

PONTYPOOL RFC today failed in its High Court challenge to plans which will see it relegated from the Welsh Rugby Union’s top league.

The famous old club is the victim of a major restructuring of the game in Wales, which will see the formation of a new 12-team Premiership.

In a trial in London last month, the club challenged the Welsh Rugby Union’s decision, arguing that it was unfair and should be overturned.

But today, after taking a fortnight to come to a decision, the judge, Sir Raymond Jack, returned to the High Court to dismiss the club’s claim.

“I conclude that Pontypool has failed to establish any breach of contract or breach of duty on the part of the WRU and that there are no grounds for the intervention of the court,” he said.

The club’s barrister, Ian Rogers, had argued that, after originally deciding on a 10-team Premiership, the WRU had succumbed to pressure from regional clubs to extend it.

The pressure, from Ospreys and Scarlets, led to a decision - against the rules, he said - to add Carmarthen Quins and Bridgend Ravens to make up a 12-team division.

The WRU said the two clubs were next in line to be added to the Premiership because they came 11th and 12th in a “meritocracy” based on recent on-pitch performance.

Pontypool, described by the judge as having a “proud history”, was the 13th in the list and so not in line to be awarded a place in the league, the WRU said.

That was despite it having achieved a so-called A-licence, relating to the quality of its stadium, which was deemed necessary for entry to the Premiership.

Sir Raymond said changing the structure to include 12 teams was against the rules as they stood, but that the WRU has power to change those rules even at a late stage.

“The issue between the WRU and Pontypool here must be whether the late change involved unfairness to Pontypool such that the court should intervene,” he continued.

“The answer to that is, in my judgment, plainly that it did not.

“This is because Bridgend and Carmarthen were 11th and 12th in the meritocracy.

“It was not unfair to Pontypool to enlarge the Premiership.

“It was not unfair to enlarge it by adding the next two clubs by meritocracy.

“The fact that they were added because they were Bridgend and Carmarthen does not change that. Pontypool's position was unaffected.

If Pontypool had been ahead of them, or one of them, by meritocracy, then quite different arguments would have been open.

“It is, however, clear that the decision was to add these two particular clubs.”

Mr Rogers asked the judge for permission to appeal, but the request was refused and the WRU was granted permission to get on with plans for the 2012-13 season.

“It has already been put off too long,” said WRU barrister, Adam Lewis QC.

“All of the people, the staff, the sponsors, the players, are going to need to know what position they’re in.

“Everything has been suspended already for much too long.”

The WRU’s planned reforms of the Principality Premiership and the establishment of a new 14-club National Championship will now be implemented.

The announcement of the Welsh rugby league structures and fixtures, which has been delayed pending the outcome of the legal proceedings brought by Pontypool, will now go ahead as soon as possible.

The Group Chief Executive of the WRU, Roger Lewis, said: “We can now all place this issue behind us and move forward in the best interests of Welsh rugby.

“We were disappointed that Pontypool decided to take this legal action against the Union. We cannot achieve change without facing up to difficult decisions. It is important we all now move on in harmony for the sake of the game.

“The WRU encourages the coaches, administrators and supporters of Pontypool to seize the opportunity we have created with the new National Championship Division to make the progress they seek as a club.

“Pontypool RFC has a proud place in Welsh rugby and we are confident that the supporters and the team will embrace the challenges of the new season with their usual energy and enthusiasm.”

Pontypool say they will consider making an application for appeal direct to the Court of Appeal but right now are trying to come to terms with the decision and the long-term implications.

A club statement read: “It is clearly a disappointing decision for Pontypool RFC and its supporters but in a number of areas of the case the club’s arguments were upheld by the judge and credence given to the club’s views.

“Pontypool RFC now has the unenviable task of trying to prepare for the new season lumbered with a huge financial burden. In addition to the huge legal costs, relegation means the club’s central funding will be cut by almost 95 per cent.

“The directors would like to publicly thank everyone who contributed to the club’s legal fund in such short notice. To raise in excess of £80,000 during the first week of asking is phenomenal, and shows the passion for and the high regard with which so many people hold this great club.

“In an age of austerity and with the sport as a whole struggling financially, this was a monumental effort.

“Regional and club rugby in Wales is fighting a losing battle for people’s attendance and sponsorship, so closing the door on such a well-supported, financially sound, historic club that met the criteria for participation in the Premiership when it appears others did not and within the original time-scales set out by the WRU is baffling.

“We hope the changes to the Premiership will vastly improve the playing standards as per the WRU’s wishes. We all want a high-quality and financially viable semi-professional game in Wales. In the meantime, Pontypool RFC is currently considering its position in the light of the judgment including the possibility of an appeal.

“It also remains possible that in view of the judge’s interpretation of the criteria that Pontypool RFC could still find itself in the Premiership if the WRU’s on-going investigations show that certain other clubs did not and could not satisfy the criteria.”