For those who followed the Newcastle United takeover saga closely, the mention of bread should conjure up a memory. For Nick De Marco it certainly does, and so it should as it was his baking skills that sent the Magpies’ twitter fanbase into a frenzy.
Having seen the Premier League initially reject the Saudi-led consortium’s buyout of the club, former Toon owner Mike Ashley employed De Marco to take on the Premier League. As a lawyer, De Marco had made his mark long before Ashley came calling but even for the ‘Lionel Messi’ of sports law, the attention this case would receive was something of a surprise.
Interest on social media peaked when De Marco harmlessly posted a picture of some bread he'd just baked - and as we'll find out, the reaction caught him out. From a fanbase analysing every tweet he sent, to the scrutiny on a global scale - it was like nothing De Marco had ever experienced before.
Speaking for the first time about his role in helping the takeover go through, he exclusively tells ChronicleLive:
- How the attention from fans was a surprise
- His praise for Mike Ashley and how the deal would not have happened without him
- How he is ‘touched’ to be held in such high regard by fans
- His message for the new United owners
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It would be fair to say that prior to September 2020, few Newcastle United fans, if any had heard of Nick De Marco. He of course was and still is, one of the most respected barristers in his field but to the average Toon fan, he was a stranger.
Having built up a fierce reputation when it comes to sports law, United's then owner Mike Ashley turned to De Marco, alongside Shaheed Fatima, to launch a dispute with the Premier League over the sale of Newcastle. The top-flight had refused to green-light the buy-out led by The Public Investment Fund.
Ashley was not taking the impasse lying down, and De Marco firmly believes that without the retail tycoon’s desire to see the deal completed, he may still be in charge today.
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Speaking exclusively to ChronicleLive, De Marco said: “To be honest Mike Ashley is one of the best clients I have had in football and I have had many. As with most people who have reached his level of success without being handed it on a plate he is very hardworking and expects the same from those around him.
“But he listens carefully to the advice he receives (which is certainly not the case for many in this business) and he gives clear instructions. I have no doubt that without Mike’s determination and intuition, and that of those who work closely with him, the takeover would never have happened. It was at times far more difficult than perhaps most people imagine.”
With De Marco appointed in September 2020, it was a painful wait for Newcastle fans who in the days prior to the takeover going through in October 2021 had little hope that the deal would finally be passed. De Marco was heading up the arbitration battle against the Premier League, which had been scheduled for January 2022.
After such a wait, how confident was De Marco of winning the case? “I am rarely one to be 'always confident' about success in a case,“ he said. ”These types of cases are never easy, and usually when you take on a regulator in sport you are at a disadvantage. I was however confident that the arguments we had were good ones, and in the excellent legal team working on the case.
He also played a small part in the club’s Competition Appeal Tribunal which took part in September 2021. Within this case, Ashley had argued that the Premier League had acted unfairly by allowing itself to be influenced by other clubs who did not want the takeover to go through.
The preliminary hearing of the CAT case was streamed live online with more than 33,000 people viewing it. It was a number that took De Marco by surprise.
“Most of the time the job of a barrister is a lonely one, with usually only those closely involved in a case paying attention to what we do, so all of us involved in this case were taken aback with the level of attention to the case. I remember reading that the interim jurisdiction hearing before the Competition Appeal Tribunal (in which I had the smallest bit part) was watched by more people than any hearing it has ever held and from dozens of countries around the world”
As it turned out neither case was needed in full - and the takeover went through just seven days after that hearing. It meant that after 14-years, Ashley’s tenure at Newcastle was finally over.
Now nearly six months on since the deal was completed, De Marco was more than happy to reflect on the time he spent getting to know the club and its fans - even if the attention from the fanbase took him by surprise.
As soon as Blackstone Chambers - the law firm that employs De Marco - announced they were acting on behalf of Ashley and St James’ Holdings Limited, fans were keen for information on the man many held up as their last remaining hope of the takeover going through. The attention right from the off was something De Marco was not expecting.
“No [I was not expecting it.] Having acted for a number of clubs before in high profile cases, including my own QPR, but also big clubs like West Ham, Leeds, Derby, Sheffield Wednesday and Celtic, I was well aware that these types of cases often attract far more interest than the usual work of a barrister. I know how passionate football fans can be. But nothing quite prepared me for the fanaticism and attention to every detail of Newcastle’s fans.”
And the fanaticism and attention came most days. De Marco, a keen photographer and baker, always has and still does post pictures of his hobbies on his Twitter account but where it was once a post that gained a few likes or retweets at most, his introduction to Newcastle fans saw it go to an entirely different level.
Such was the interest from fans in De Marco’s posts of bread he had just baked or the wine he was drinking that evening, ChronicleLive would often turn his tweet around into a story that was usually read tens of thousands of times. For De Marco, it was rather surreal.
“It was bizarre at times,” he admits, “I have used social media for many years mostly to share my enthusiasm for photography, or sometimes food, and so on. Suddenly I was finding everything I was doing was subject to intense scrutiny, with people looking for clues about the case.
“It was mostly all good fun, but at times a bit concerning. The arbitration was confidential, and I was very careful not to say anything that might undermine confidentiality.
“The idea that the number of slices I had cut into a loaf of bread I baked might be a clue as to how the arbitration was going was, of course, always ridiculous, but even to come out and scotch rumours would only encourage more. So I just avoided any comment and carried on posting as I always have, and continue to do.”
His role with the club may no longer be needed but Newcastle fans have not forgotten his input in helping the club finally be sold. Only last week De Marco appeared on Sky Sports News and instantly fans began sharing screenshots of his interview accompanied with captions of 'hero.'
De Marco admits the relationship with fans is something special. "It really is touching. I have been called an “adopted Geordie” by many fans, and I cannot help feeling it’s true.
"I’ve been up for a couple of matches and nights in Newcastle since the takeover and I shall never forget the warmth of the fans, but mostly their passion for their club.
"Newcastle now has, and will always have, a special place in my heart."
And what about the impact the legal battle has had on the footballing landscape? Never before has a club taken on the Premier League in such a manner.
"It was an important challenge by all those involved," De Marco said, "and the result has already arguably changed football in England
"One of the reasons I ended up specialising in sports law, and love the area so much, is that it remains a developing area, with all kinds of strange tribunals and rules often having to be dragged into the 21st century. It makes for endless unprecedented challenges and interesting cases."
The seemingly endless wait for answers with regard to the Newcastle takeover, the lack of clarity from the Premier League which in turn left fans in the dark has left some to call for an independent body to judge future deals. De Marco does feel that change is needed.
"As you know, I have avoided commenting on the Newcastle case, but I have long expressed the view, as a sports lawyer and someone who writes and teaches on the subject, that there is a fundamental problem with the regulation of sport being controlled by its commercial stakeholders. From the previous corruption scandals in FIFA and World Athletics to the internecine warfare between football clubs over how to apply, or get around, financial fair play rules, it ought to be obvious by now that independent and transparent regulation of sport is in the interest of sports as a whole, and its continued popularity. The recent disputes about Chelsea’s ownership once again highlight the point."
Newcastle fans, for now, won't care too much about the calls for change and are instead looking forward to the possibilities that the new owners can bring. De Marco has met both Amanda Staveley and Mehrdad Ghodoussi and is impressed with the work they have so far done.
"They were kind enough to afford me generous hospitality at St James Park. They are both warm people clearly very committed to the new project, and they have made some very good appointments so far in my opinion. I wish them all the best in the future."
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