LOL.10 point deduction
Everton Football Club is both shocked and disappointed by the ruling of the Premier League’s commission.
The club believes that the commission has imposed a wholly disproportionate and unjust sporting sanction. The club has already communicated its intention to appeal the decision to the Premier League. The appeal process will now commence and the club’s case will be heard by an appeal board appointed pursuant to the Premier League’s rules in due course.
Everton maintains that it has been open and transparent in the information it has provided to the Premier League and that it has always respected the integrity of the process. The club does not recognise the finding that it failed to act with the utmost good faith and it does not understand this to have been an allegation made by the Premier League during the course of proceedings. Both the harshness and severity of the sanction imposed by the commission are neither a fair nor a reasonable reflection of the evidence submitted.
The club will also monitor with great interest the decisions made in any other cases concerning the Premier League's Profit and Sustainability Rules.
Everton cannot comment on this matter any further until the appeal process has concluded.
Surely this will now open the legal floodgates of the relegated clubs suing the shite?
They breached by a shitload more than that. Their claimed allowable losses for covid were total bollocks, that's the essence of Burnley's case. Be interesting (for me, at least) to read the full ruling.They breached the allowable limit of £105M by £19.5M.
Doesn't bode well for City
Portsmouth but that due to them going into administration. i winder if the other clubs sue Everton now, win and then the takeover fails thus putting them into administration and another 9 point penaltyWhom was the last team to get points deducted in PL? Was if like 20yrs ago?
Thinking aloud here so sorry if there are holes in this analysis - not sure there's a right or wrong but putting this here for discussion / disagreement.
The timing issue is a problem here. Leeds will argue, fairly, that Everton broke the rules last season and had they been deducted points last season, Everton would have gone down, Leeds would have stayed up.
But that timing issue is basically baked into the rules, and practically it is impossible to circumvent. By participating in the Premier League, Leeds essentially have to accept that discrepancy, it's how the rules (have to) work. So the legal analysis, following the EPL rule book, is likely to be that the punishment can only be meted out on the offending club, and there can't be any compensation for any other affected clubs - it's harsh and if feels unfair, but that's just how it is. Leeds knew the rules when they accepted promotion into the League and they basically signed up to it then. In short, if they didn't read the small print that's their problem.
Leeds will say, probably fairly, that Everton didn't get here by accident, they knew what they were doing so they should be able to sue - essentially arguing that Everton had committed a form of fraud. I think they will settle out of court. They might have a better argument if they can argue Everton would have breached previously had they not put bullshit covid numbers in their returns - in that case the sanction would have been last year and Everton would have gone down.
But the other side of the coin here is that if the EPL can only punish the offending club, not compensate others who are affected, then there can't be any softening of the punishment handed down by the commission, otherwise the rules will be totally worthless.
20. One, I find that if the complaint is upheld, the Commission may wish to award W.51.5 compensation to one or more of the applicant clubs.
21. Two, I refuse the procedural applications made by the applicant clubs.
22. Three, I direct that if the complaint is upheld, the Premier League must provide a copy of the decision to the applicant clubs forthwith. Within 28 days of receipt of a copy of the decision, each applicant club must inform the Commission whether it wishes to pursue a claim for W.51.5
compensation.
23. That formula in the last section, disposal, is open to suggestions, correction, comment from the three of you, if you want to perfect it into a different form, but that is, in essence, what I intend to do by way of disposal. Which is to make a recording of my finding under W.27, refuse the procedural applications, and to ensure the applicant clubs get a copy of the decision as soon as is practicable so that they can make a decision whether they want to take these applications further.
Good spot @Dee wasnt aware of that.If I read it correctly the ruling suggests compensation may be paid:
W.51.5 is a clause allowing the PL to award compensation to be paid by a sanctioned club to another eg Everton to compensate Leeds
Appears that way doesn't it.They went for the weak club , the ones that breached these rules for so long Man city and Chelsea have a get out of jail free card.
It's not that simple. It's one charge against Everton and 115 against City. Imagine that's a court case - easy to prepare one case but to prepare 115 that are inter-related?They went for the weak club , the ones that breached these rules for so long Man city and Chelsea have a get out of jail free card.
Is it 115 seperate cases when it's against the same club? They're not gonna clear them of 1 and then carry on with the other 114 until they get to a resolution are they....that would take 50 years.It's not that simple. It's one charge against Everton and 115 against City. Imagine that's a court case - easy to prepare one case but to prepare 115 that are inter-related?
I've been skimming through the judgment and worth flagging a key point here - Everton had been in regular contact with the Premier League and the league knew they were in a spot of bother. They'd tried to get advance agreement on all sorts of accounting changes which the League had mostly rejected. They then produced a return that said they complied with the rules, but had included the adjustments the PL had previously rejected.
The PL, knowing Everton were in trouble, jumped on their return which they knew contained a few dodgy items and then filed a complaint to the commission.
So the reason this has happened so quickly is that Everton were up front that there were issues, and were unable to get around them. Whereas City and Chelsea just flat-out lied.
If the financial breaches hadn't been so outlandish, I would almost have sympathy for Everton. But they took the piss. The PL agreed to one set of adjustments re their stadium which I think was fair, but on a quick read of the other items the PL was right to say no. So I don't think they've been treated unfairly, but they've been dealt with more quickly because they were more transparent. But I think it's arguable that if they hadn't been so up-front that they might have got a harsher punishment.
On what I've read so far, this doesn't feel unfair to me.