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Financial Fair Play investigation

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catcherintherye said:
Well he suggested exactly that, which is why I challenged it.

And I understand what the PL rulebook says. It's also worth saying, it would be unlikely if a court trial was going on, that the PL would go through with penalties. They would be opening themselves up to such liability.

But yes, Everton or others could launch a civil claim. But again Damo doesnt think it's possible, when it is.
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Everton could only sue the Premier League if they had cause (rulebook not followed etc). That would be in the English and Welsh courts. If they try to sue without cause they will lose and have to pay costs.

If you try and launch civil claims without cause you will lose.

At no point can CAS or European Court of Human Rights get involved 🤦‍♂️
 
Mrk said:
But Everton could only sue the Premier League after the points deduction had been applied and no further appeals process was possible - you can't sue another party because "they might do something we don't agree with", you have to be able to prove damages before a court will even entertain a hearing.

If the PL give us a points deduction (or any other penalty for that matter) and that still stands after the appeals process Everton have agreed to as a shareholder of the league, there is nothing the club can do to reverse that. All they could do is sue the league for loss of earnings, but we wouldn't, because it would be frivolous in the extreme unless genuine wrongdoing or corruption on the PL's part could be proven.
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I'm not necessarily talking about the specifics of Everton's case, but just in general. In general, it is possible a club could sue if they wished to.

As for Everton, I see a lot of sense in what you say, but I also think there are some strong points to do it.

City did it and won, for far more serious offences, so there is some precedent.
 
Mrk said:
But Everton could only sue the Premier League after the points deduction had been applied and no further appeals process was possible - you can't sue another party because "they might do something we don't agree with", you have to be able to prove damages before a court will even entertain a hearing.

If the PL give us a points deduction (or any other penalty for that matter) and that still stands after the appeals process Everton have agreed to as a shareholder of the league, there is nothing the club can do to reverse that. All they could do is sue the league for loss of earnings, but we wouldn't, because it would be frivolous in the extreme unless genuine wrongdoing or corruption on the PL's part could be proven.
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☝️ this.

I'll him for you to deal with @Mrk he's given me a migraine
 

Damo_1878 said:
Everton could only sue the Premier League if they had cause (rulebook not followed etc). That would be in the English and Welsh courts. If they try to sue without cause they will lose and have to pay costs.

If you try and launch civil claims without cause you will lose.

At no point can CAS or European Court of Human Rights get involved 🤦‍♂️
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Yes I agree, which is exactly what I have been trying to explain for some time.

It is feasible for one business to take legal redress. You tried to tell us they could never do so. They can.

I have no idea if Everton would, but I'm glad you now acknowledge there is a world where they can.

And to repeat what I said to you again, of course it would need causation to do so. But if a business felt they had this, they can go down the legal route, irrespective of what some rulebook says.
 
catcherintherye said:
Yes I have successfully mitigated against someone. I know that they did not wish to go to court, so I did not need their consent (the opposite of what you had said).

And it's not, comparatively speaking. It is a legal document, as it's a signed agreement, but it's not as enshrined as something such as a Bill of Rights. That you cant grasp this sort of indicates how little you know.

That and multiple other falsehoods you have stated. The one about only being able to take people to court if they agree being a personal favourite.
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You're talking about a different branch of law clearly.

This is commercial law of England and Wales.

You're clearly talking about something else entirely.
 
catcherintherye said:
I'm not necessarily talking about the specifics of Everton's case, but just in general. In general, it is possible a club could sue if they wished to.

As for Everton, I see a lot of sense in what you say, but I also think there are some strong points to do it.

City did it and won, for far more serious offences, so there is some precedent.
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Totally - but in our situation it is this simple: Any penalty we are given is irreversible. Our only avenue would be to retrospectively sue for loss of earnings, but by that point we'd already be liquidated anyway if today's accounts are anything to go by.

And the saddest thing is, we've done this to ourselves out of our own utter incompetence and stupidity.
 

Damo_1878 said:
You're talking about a different branch of law clearly.

This is commercial law of England and Wales.

You're clearly talking about something else entirely.
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Ok. Who is the sovereign court for Great Britain currently?

And I'm not talking about any branch of law, other than to say one business can sue another business if they feel they have cause.
 
catcherintherye said:
Yes I agree, which is exactly what I have been trying to explain for some time.

It is feasible for one business to take legal redress. You tried to tell us they could never do so. They can.

I have no idea if Everton would, but I'm glad you now acknowledge there is a world where they can.

And to repeat what I said to you again, of course it would need causation to do so. But if a business felt they had this, they can go down the legal route, irrespective of what some rulebook says.
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They can only do so after arbitration. According to the Premier League rules.

So no. They cannot just jump to court. So again your wrong.
 
Mrk said:
Totally - but in our situation it is this simple: Any penalty we are given is irreversible. Our only avenue would be to retrospectively sue for loss of earnings, but by that point we'd already be liquidated anyway if today's accounts are anything to go by.

And the saddest thing is, we've done this to ourselves out of our own utter incompetence and stupidity.
Click to expand...

Which is why they may launch a legal action alongside the process. What have they got to lose?
 

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