In one of The Lawyer’s Top 20 Cases To Watch in 2020, Premiership footballer Mamadou Sakho alleges that the World Anti-Doping Agency (WADA) is liable for negligence and defamation in connection with UEFA anti-doping proceedings brought against Mr Sakho in 2016. Mr Sakho and his image rights company, MS Top Limited, are seeking career long damages estimated at £16.7 million. WADA denies all liability and also disputes Mr Sakho’s case as to quantum.
The claim raises novel issues as regards to the existence and scope of any private law duty of care owed by WADA to athletes in relation to the discharge of its functions as a non-profit international organisation acting in the public interest, as well as complex issues surrounding loss of a chance and the quantification of future football earnings.
Ian Mill QC and Shane Sibbel are acting for WADA.