Northants to fight ECB over Jaques's status

Northamptonshire have insisted that they are still expecting Phil Jaques to return for duty next season as a non-overseas player, even though he is currently playing for New South Wales in Australia's domestic season.

Under the ECB's current regulations, appearing for NSW means that Jaques will be reclassified as an overseas player, as even those holding British or European passports are classified as overseas players if they appear in first-class cricket in their homeland in the preceding 12 months. But Northants are keen to challenge that regulation, thinking that Jaques should still qualify, and a legal battle is looming.

John Scopes, Northants' chairman, was confident of winning the wrangle, saying that he expected Jaques to sign a new three-year contract as early as next week. "We're proceeding as if Phil will be returning to us next season. I am convinced that the European Union laws are on our side," Scopes said. "Our lawyers believe it will be illegal if the ECB do not allow us to register Phil as a player for next season. We're in conversation with them at the moment. We shall fight our corner."

Scopes added: "If he is British, which was accepted by the ECB last season, he can't suddenly be a non-British player this season."

Jaques was born in Australia but has English parents and thus holds a British passport. He smashed over 1000 runs at an average of 58.70 last season for Northants, and helped them to promotion in both the Championship and National League, so they are understandably keen to keep him.

The ECB's registration committee is due to meet at the end of the month to discuss the matter, but if the rules stand, Jaques will be forced to find another club that will take him on as one of their foreign players, as Northants have already secured their two overseas players.

Talking in the Sydney Morning Herald last week, Jaques confirmed he was keen to return to Wantage Road, and is confident of doing so. "We think we've got a pretty strong case for restraint of trade," he said. "Since I am a British passport-holder, we feel I should be allowed to play county cricket, even if I do play first-class cricket out here [Australia].

"It would be a different story if I was playing for Australia over here and then wanted to play as a local player over there. European law states that anyone holding a passport from an EU member country can work freely within the EU. With England being a part of the EU we feel I should be able to work over there. This is my job, it's my career, and I feel it's harsh that I can't go and work in a place where I do have a passport."