115(+15) vs the world
- Thread starter MomoWASright
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The most annoying thing will be, if it’s unfavourable, City will appeal, which goes to Appeals Tribunal.
If that’s unfavourable, City then go to High Court or something.
Not sure where they go after that, but they’ll try somewhere.
So, they just kick the can further down the road, and each decision, even if unfavourable will likely water things down, so that it’ll take years and eventually result in a fine that they’ll never pay.
Best thing that could happen is they’re found guilty and suspended for all football activities pending an appeal outcome with no recourse to compensation if the decision is reversed - so they can take as long as they want to appeal.
I’m sure none of that’s legal, but feck ‘em, they should have been suspended the minute they refused to cooperate.
If that’s unfavourable, City then go to High Court or something.
Not sure where they go after that, but they’ll try somewhere.
So, they just kick the can further down the road, and each decision, even if unfavourable will likely water things down, so that it’ll take years and eventually result in a fine that they’ll never pay.
Best thing that could happen is they’re found guilty and suspended for all football activities pending an appeal outcome with no recourse to compensation if the decision is reversed - so they can take as long as they want to appeal.
I’m sure none of that’s legal, but feck ‘em, they should have been suspended the minute they refused to cooperate.
In terms of appeals I think it goes PL appeals process, then potentially to Court of Arbitration for Sport, but their jurisdiction over the Premier League is completely untested AFAIK, so that may not be an option. There's also a judicial review within the UK courts, which would only examine the legal process was fair, rather than looking at the content of the trial. As you say, the longer they can drag it on, and spin anything they can into a 'win', the better is will be for City. Their fans will lap up whatever take the Saudi's choose.
I don’t think it can go to CAS and yes my understanding is that no new info could be introduced on appeal, and that whatever appeals were possible would be mostly on procedural process.
The argument City will likely revert to if the lose, is like their APT argument, that effectively the rules aren’t fit for purpose so any judgement is irrelevant as the rules aren’t “legal”.
But I’m no lawyer, so who knows.
Nope
I think it could be broken down into sections. There’s stuff in there about wrongful transfers of youth players. That should mean transfer bans. Falsifying accounts or rather overinflated intragroup transactions would be a points deduction, possibly backdated too. The failing to cooperate will be financial penalties but could also influence the severity of any points deductions.
I’d just kick the cunts out of the league and never let them back in.
I’d just kick the cunts out of the league and never let them back in.
I'm no lawyer, but I know where to find the PL's rules. Long post on legal stuff by someone who isn't a lawyer, but is a quite good layman.
Firstly, PL rules are in the handbook which is publicly available here:
Premier League Publications, Reports, Bulletins & Announcements
Download Premier League reports, bulletins and announcements in PDF format, on the official website of the Premier League.
www.premierleague.com
There are expedited procedures for PSR cases, designed to get them resolved by the end of the season. They are in Appendix 1 to the rules.
They go firstly to a "Commission" for adjudication.
Then they can be appealed to the "Appeal Board".
All of that will done within the season following the breach (as with Everton last year).
Following the appeal decision, the rules provide that "The League and Clubs recognise and agree that... any Appeal Decision will save in exceptional circumstances remain in full force and effect pending resolution of any attempt to challenge it in arbitration". In practical terms, if arbitration is requested and the team would otherwise be relegated I think that would qualify as "exceptional circumstances".
In City's case, the expedited process in the above rules won't apply, but the process through Commission and Appeal board should be the same, just more drawn out.
Turning to arbitration, this is covered in Rule X. Firstly, Clubs commit to using the PL's arbitration process and no other (X.2.4). By being admitted as shareholders to the Premier League, City have signed up to this, whether they like it or not. Where arbitration is called upon following an Appeal board decision, there are limited grounds:
- the appeal board exceeded its powers
- fraud, malice, bad faith
- procedural error (has to be significant, not minor points of order)
- perverse interpretation of the law
- a self-evidently stupid decision
There is the possibility to introduce new documents.
The more significant point, for me, which could go in City's favour, is X.18.4,a procedural provision which covers "whether strict rules of evidence will apply and how the admissibility, relevance or weight of any material submitted... shall be determined". This is the first point in the entire process where City could argue that the Football Leaks emails should not be used in evidence as they were hacked. Up to this point, the rules specifically provide that any evidence is admissible, regardless of its source, provided it can be shown to be reliable.
So one way it could play out:
Commission - finds against City, imposes big sanctions
Appeal - nah lads, you're having a laugh, decision upheld
Arbitration - yeah, it's a bit harsh that you got done because the PL saw evidence that you held but refused to provide to them, appeal up-held, as you were.
A lot will turn on the Arbitration Panel's decision, but IMO they SHOULD uphold the earlier decisions on the basis that if City had provided the information requested by the Premier League, they would have still been found guilty and the decision would not have been challengeable in arbitration on the basis of inadmissible evidence. The evidence, even if illegally obtained, should still be admissible since the alternative evidence, had it been legally obtained, would have been identical. And the reason the PL didn't have the admissible evidence is that City refused to comply with its requests to provide it. i.e. this email, which was hacked, is exactly the same as the email you should have given us but failed to do so (arguably putting you in contempt of process).
Post arbitration, the rules state (X.37) "Subject to the provisions of sections 67-71 of the Act, the award shall be binding on the parties and there shall be no right of appeal".
Sections "67-71 of the Act" refers to the Arbitration Act 1996. The grounds for appeal are therefore:
67 - challenge to the jurisdiction of the arbitration panel - don't think that's up for debate, it's a specialist panel.
68 - serious irregularity - vague basis of challenge, but this is basically requiring professional incompetence or fraud by the panel, which really shouldn't arise given the seniority and reputation of the lawyers who'll be involved.
69 - point of law - the PL's rules provide that no appeal may be made on these grounds - the previous panels have the right to adjudicate on law.
70&71 - these are procedural matters, not grounds for appeal.
So at the end of the PL process, the only grounds for appeal are 67 and 68 above, and I think they are highly unlikely.
There is no reference to the right to appeal to CAS, in fact it is essentially denied. So they'd have to appeal firstly that they should be allowed to appeal to CAS and, if successful, they would then appeal to CAS.
So there is scope to drag it on for a long, long time, with ever diminishing likelihood of success. Frankly if they don't manage to persuade an arbitration panel on inadmissible evidence (because I think it's that evidence that will damn them) then I don't see them getting an adverse decision over-turned. So fingers crossed that the Commission gets it right in the next few weeks (assuming rumours of a March decision are correct).
No.
City might be fucked if he panel goes against them.
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