Costa, Heatwave appeal High Court decision to clear Pan Am trials

Heatwave Cycling Club and national cyclist Alexi Costa-Ramirez have filed an appeal challenging a High Court decision that refused to halt selection trials by the TT Cycling Federation (TTCF) for the upcoming Pan American Track Cycling Championships.

In a notice of appeal filed on January 14, the club and cyclist asked the Court of Appeal to set aside an order made by High Court judge Justice Westmin James on January 13, which dismissed their application for an interim injunction aimed at stopping endurance trials scheduled for January 17.

The appeal arises from proceedings which involved Costa, and Njisane Phillip and Makaira Wallace of JLD Cycling Academy, and their clubs, contesting the federation’s selection process for the February championships.

The appellants (Heatwave and Costa) argue that the decision to refuse interim relief was wrong. They challenge the judge’s finding that some claimants had already been able to submit performance data without attending the trials, and the conclusion that stopping the trials would cause greater harm to the federation than to the appellants.

In the grounds of appeal, the appellants argue that the trial judge erred in finding there was no implied contractual obligation requiring the federation to treat athletes fairly during the selection process.

They further challenge the conclusion that damages would be an adequate remedy where elite athletes could be denied the opportunity to compete at a “prestigious international competition, like the Pan American Championships, and therefore possibly the Olympic Games.”

The appeal also states that stopping the trials would not disadvantage the federation, while proceeding with them could cause irreversible harm to athletes at a critical point in the Olympic cycle.

As part of the relief sought, Costa and her club are asking the Court of Appeal to restrain the federation from holding the January 17 trials for endurance athletes and to award costs of both the appeal and the proceedings.

The appellants also indicated their intention to apply for the appeal to be expedited under Part 64.10 of the Civil Proceedings Rules, citing the time-sensitive nature of the selection process ahead of the continental championships.