6 + 2 Point Deductions

Yes I probably agree.

Id also suggest, it's not Everton's fault that the Premier League, the de facto regulator chose to hear the case the following season.

But they also signed up to the rules to that point that said any infraction wouldn't be heard in the same season?
Yeah, the financial year hadn't finished yet when they were relegated. There's a reason the accounts are handed in when they are. If they're expecting the Premier League to apply the punishment to one of the seasons to which the charge relates they're living in a dreamworld. They'd have to override about half a season's worth of football.
 


Everton have appointed Mark Howard KC to lead their defence in the compensation case with Burnley this summer. The leading silk had represented the Toffees during their PSR hearing last year.
According to tonight's Echo
 
The fact it’s being chaired by the same committee that nailed us first time doesn’t give me a good ferling

These were the same “expert panel” that found us guilty of something we hadn’t been charged with. And subsequent tribunal said were extremely harsh and ignored certain legal principles

Let’s hope we’re ready and all guns blazing
 
Well in a civil court there is a defence known as ‘remoteness of loss’ so even if they were the charges and we were found guilty of them, all of their contentions in that hypothetical scenario are based on ‘ifs and buts’. Firstly I’m not sure there is a case to answer, but I just do not see that their case wins. It looks like their super silk is fleecing them.
 

Well in a civil court there is a defence known as ‘remoteness of loss’ so even if they were the charges and we were found guilty of them, all of their contentions in that hypothetical scenario are based on ‘ifs and buts’. Firstly I’m not sure there is a case to answer, but I just do not see that their case wins. It looks like their super silk is fleecing them.
Very good point
 
I honestly don’t know how to respond to this, how the process will go or how things are likely to work out.

First thing to say is my understanding is this is before a PL independent commission again and not a court - so there is no rule of law at play here, if my understanding is right. It’s the kangaroo court making the whole thing up again this will be subject to.

Secondly given what City have done to ATP rules and Leicester did with jurisdiction, I’m really disappointed we are engaging in this process and not trying to drive a truck through the obvious loop holes that exist in these rules. They are, there, particularly here in this case - which is a subset of a weird case they are making up.

To my mind this is the third time we will be punished for the same offence, first was the points deduction, second was the lost revenue in placement money and now this.

Sorry no, the club needs to grow a pair and call out this BS and fight it tooth and nail. Leicester and City have shown the way.
 
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I could have swore I read it was him again. Is this new chap any good?
You did read that, (as did I), there was a post of a tweet on here earlier with the previous fellas photo and a story of him being re-appointed for it but looks like it’s gone / been deleted.
‘super silk’ Laurence Rabinowitz KC was the lead last time iirc, not sure if this new fella was involved or not but Rabinowitz was defo the face of our representative and the deleted tweet / post said it was him again, contrary to the Law Society tweet
IMG_1276.webp
 
The Echo article states that the hearing will be heard at the International Dispute Resolution Centre in London. I’m assuming both sides would have the right to appeal once the hearing is concluded?

The fact that Everton are being targeted and not the PL is puzzling, as the responsibility to both decide upon the level of punishment and when the punishment should be implemented has only ever been the PL’s responsibility, and it’s never been something that Everton have had control of.

As the rules stand, the punishment is now designed to be dished out the season following the breach, and there has never been a situation where the punishment happens during the same season, which seems to be the basis of Burnley’s argument.

Or will it be less about PL rules, and more ‘Everton spent more money than they were allowed to during a season in which Burnley were relegated, this put Burnley at a disadvantage in their efforts to avoid relegation, and we want compensating for that’?
 

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