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Home / Sport / Rugby

2019 Rugby World Cup: Patrick McKendry - Scotland's legal threats utter nonsense

Patrick McKendry
By Patrick McKendry
Reporter·NZ Herald·
12 Oct, 2019 05:00 AM3 mins to read

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Stuart Hogg of Scotland. Photo / Getty

Stuart Hogg of Scotland. Photo / Getty

COMMENT

We've suddenly all become typhoon experts here in Japan but Scotland, who are threatening legal action against World Rugby in the event of their crucial World Cup pool match against the hosts being cancelled, don't seem to have a great handle on contract law or the true definition of fairness.

"We believe World Rugby has a duty to postpone this match or to reschedule it at another venue," eminent sports lawyer Nick de Marco told The Telegraph. "Fundamentally, this comes down to fairness and to the integrity of the tournament. We are still hopeful the match can go ahead."

Neutrals, fans, players, coaches, administrators - we're all hopeful tomorrow night's match at Yokohama Stadium goes ahead because it has the potential to be the pool match of the tournament given the open playing styles of the two teams and what is at stake; qualification for a quarter-final.

If Japan win they top the pool and will play South Africa. If Scotland win and Japan don't get a bonus point then the hosts may be out. If the game is called off, Japan will top the pool.

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But World Rugby doesn't have a duty to postpone or reschedule this match due to the danger caused by Typhoon Hagibis, a violent weather condition gaining strength over the Pacific which has the potential to be the worst storm to hit Japan in 50 years.

The weather protocols at this tournament, the first of its type in Asia, expressly stated that pool games would not be postponed or rescheduled in the event of a typhoon. Knockout games, yes, pool games, no. Instead the cancelled fixtures would be considered a 0-0 draw and the four points shared.

It's there in black and white and for Scotland to argue otherwise is presumably a waste of time and money.

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The other point that needs to be made while we're in legal mode is that a precedent has been set.

The England v France match – always a potentially tasty one for supporters and neutrals alike given the history of the two countries (it's known as "Le Crunch" in Paris and beyond) – set down for Yokohama tonight has been cancelled, as has the All Blacks v Italy match at Toyota City, also originally scheduled for tonight.

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The first game would have dictated which quarter-final England and France progressed to, the latter was important because had Italy won and denied the All Blacks a bonus point, the Italians would have progressed at New Zealand's expense. Understandably, emotions were running high among the Italian camp, too, with coach Connor O'Shea quite rightly saying he would be keeping a close eye on what happened to the Japan v Scotland fixture.

So for Scotland to now argue the integrity and fairness of the tournament would be compromised should their match not go ahead is a nonsense. It would be the opposite and Italy, in particular, would have the stronger case for legal recompense should it a contingency suddenly appear.

Stuart Hogg of Scotland. Photo / Getty
Stuart Hogg of Scotland. Photo / Getty

All this, of course, has been argued and written before the typhoon has hit. No one knows how bad it will be and loss of life is possible. As All Black Sam Whitelock, a man who has missed out on playing games due to earthquakes and a mass-shooting, said recently; some things are more important than rugby.

It may be difficult to take at the moment for the Scots, but the next couple of days may bring a bit of perspective.

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