Legal Ethics: Keeping A Level Playing Field

Sport can teach us many lessons about ethics. The recent publication of the Wells Report into the alleged activities of the US NFL team, the New England Patriots, has highlighted "sharp practice", which has also been an issue the courts have had to consider in recent times.

The Wells Report (the "Report") was ordered by the NFL into the alleged conduct of the New England Patriots. The alleged conduct related to the deflating of the match balls used by the Patriots with the advantage being that under-inflated balls are easier to catch in wet conditions.

The findings of the Report were quite negative for the Patriots and their quarterback, Tom Brady. The Report found it most likely that Mr. Brady had a general awareness of the practice of underinflating match balls. Relatively punitive sanctions were imposed on the Patriots.

One interesting aspect of the Report is the content of the texts between the two most relevant staff members which were examined in the Report. The texts, while incriminatory, also refer at times to Mr Brady in quite derogatory terms.

Cut and Thrust of Negotiations

Issues arising from the cut and thrust of legal negotiations were the subject of the Irish case of Slattery -v- Friends First Life Assurance Company Limited1. The case related to an unsuccessful investment in the St Regis Hotel in Washington by an entity connected with the plaintiff.

As part of the deal, a deed of...