Exeter Chiefs have been told they have a strong case if they act on their threat to take legal action against Saracens.
Chiefs owner Tony Rowe is keen to recover revenue the club missed out on as a result of losing two Premiership titles to a club which has since been found to have breached salary cap rules across three seasons.
Saracens are trying to draw a line under the sorry episode, having been docked 35 Premiership points and fined £5.36 million.
But Rowe, who branded Saracens owner Nigel Wray a “cheater”, believes Wray has brought the sport into disrepute and “shouldn’t be allowed to get away with it”.
Sports lawyer Richard Cramer says any potential claim would be based on breach of fidelity and likened it to ‘spygate’, where Leeds United were fined and reprimanded for spying on Derby County last season.
“Derby argued there was a duty of good faith to each other and that had been broken,” said Cramer, managing partner at Front Row Legal.
“I think Exeter would probably go down the same route, that in effect Saracens have broken rank within the boundaries of the rules.
“Does it constitute a serious breach? You’d probably have to say yes given the breach of the salary cap.
“Did it impact on the competitions that Exeter and Saracens were playing in? Well, if you look at league table and positions, there were two fairly evenly matched teams over the last few years but Saracens always had the edge in the big matches.”
Cramer, who represented Castleford Tigers in their successful claim against Denny Solomona and Sale when the player walked out on his contract with Tigers to switch codes, reckons it would be “very easy" for Exeter to argue a "serious loss of chance”.
He added: “My belief is that there are very strong grounds to pursue a civil claim. I don’t think damages would be inconsequential either. If you were to put together a very powerful argument as to what their financial losses are, I can see a potential seven-figure sum being awarded.”
