Everton

[The Bedlington Terrier]

Does seem rather arbitrary that mon ami, where did you read that ? I'm no expert, no idea how these things work really, but it's the PL Commision that decides the compo as I understand it, it does not go to the courts.

Everton will appeal. Then the will appeal the results of the failed appeal. And so it will go.

I have not been saving the media clips but a well informed poster on a different forum claims if Everton cannot pay the fine or imposed compensation the EPL might find themselves liable.

That will stop them from going after Chelsea or City of that I am sure.

[The Bedlington Terrier]

Does seem rather arbitrary that mon ami, where did you read that ? I'm no expert, no idea how these things work really, but it's the PL Commision that decides the compo as I understand it, it does not go to the courts.

Everton will appeal. Then they will appeal the results of the failed appeal. And so it will go.

I have not been saving the media clips but a well informed poster on a different forum claims if Everton cannot pay the fine or imposed compensation the EPL might find themselves liable.

That will stop them from going after Chelsea or City of that I am sure.

[sinkov]

Everton will appeal. Then they will appeal the results of the failed appeal. And so it will go.

I have not been saving the media clips but a well informed poster on a different forum claims if Everton cannot pay the fine or imposed compensation the EPL might find themselves liable.

That will stop them from going after Chelsea or City of that I am sure.

No skin off our noses mon ami, that we have the right to claim compo has already been established, we have one of the top sports lawyers in the country acting on our behalf, we either get compo or we don't, so it's heads we win, tails we don't lose. As Everton have already been found guilty I would imagine they will be liable for any costs so let them appeal, we can wait.

[sinkov]

Everton are appealing the punishment, the 10 point deduction, not the guilty verdict which they have accepted. Given that it's the guilty verdict that gives us the right to claim compo, they could only appeal the amount of compo we are awarded, not the fact that we have the right to compo, which doesn't give them much wriggle room.

Would you say I'm reading this right mon ami ?

[Supersub6]

I read that only ONE relegation could be compensated for, I think this one will run longer than the West Ends' Cats.

BT, the Manchester City episode could run longer than The Mousetrap which would see us well out of the picture. Just saying

[Swissclaret]

Everton are appealing the punishment, the 10 point deduction, not the guilty verdict which they have accepted. Given that it's the guilty verdict that gives us the right to claim compo, they could only appeal the amount of compo we are awarded, not the fact that we have the right to compo, which doesn't give them much wriggle room.

Would you say I'm reading this right mon ami ?

It will be interesting to see the grounds being argued by the relegated clubs and in which area of the law.

“Guilt” is a concept, at law, used in respect of crimes. Crimes are created by statute. Everton FC has not committed a crime. It has breached the rules of the society to which it belongs (the PL) and has, presumably, signed some form of membership contract.

Under contract law, third parties cannot, generally, enforce the contract for their own benefit. This may be the case here.

If Burnley has a case against Everton it will have to establish a “causal link” to its losses arising from the breach. That is easier said than done.

Burnley could have a case against the PL for not enforcing its own rules in a timely manner - could the PL have taken action earlier?

Then there is natural justice that can apply. That is generally based upon the thinking of Thomas Aquinas.

Not so straightforward as it may seem.

[sinkov]

I think it's already been established that the PL could not have acted earlier, so we have no case for complaint there. The PL Commision does appear to be judge, jury and appeal court in these cases and there seems to be no recourse to the courts, although the Commision appoints our learned friends to adjudicate, it is under the auspices of the PL Commission. I think this is the point that the City lawyers are draggung it out over and not the actual charges against them, but I could be wrong.

That it's a right can of worms Swiss, I do not doubt.

[The Bedlington Terrier]

This Tommy Acquinas of whom you speak S_c, do you reckon he could fill in for Lyle Foster until the lad sorts his napper out?

[kritichris]

This Tommy Acquinas of whom you speak S_c, do you reckon he could fill in for Lyle Foster until the lad sorts his napper out?

nah, but he could pray for us

[Swissclaret]

I think it's already been established that the PL could not have acted earlier, so we have no case for complaint there. The PL Commision does appear to be judge, jury and appeal court in these cases and there seems to be no recourse to the courts, although the Commision appoints our learned friends to adjudicate, it is under the auspices of the PL Commission. I think this is the point that the City lawyers are draggung it out over and not the actual charges against them, but I could be wrong.

That it's a right can of worms Swiss, I do not doubt.

Not my strong point, sinkov but I think that decisions like this can be subject to judicial review if the decision is illegal (ultra vires), unfair or irrational.

Clearly the Commission had the power so the decision is intra vires. It does not seem irrational, which eliminates those grounds and fairness is very subjective. Everton May appeal on that ground but that does not impact any case that Burnley may have.

Two points really - can it be said with certainty that Everton only stayed up because of the breach and can it be said that Burnley would not have been relegated only because Everton stayed up as a result of the breach?

A can of worms hardly somes close, really.