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Times article, Burnley/Leeds threaten to sue Everton

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ToffeeDan said:
@Neiler @catcherintherye

I won't copy your excellent dialogue but I will reiterate and concur with you both:

1. It's too late for Leeds/Burnley to throw toys out the pram. If a sanction was due it has to be expected and applied in good time. Punitive measures have to give an offending club time to adjust or appeal - for example any points deduction must require some form of natural justice - the opportunity to expect and deal with it. Wigan had been anticipating some punishment last year (EFL rules) - whilst that seemed draconian to someone looking from the outside it was not unexpected nor was it unjustified.

2. If we were to receive, let's say a 5 point penalty, even a 10 point one, how would this play out since this issue crops up days before the end of the season. Ludicrous. Imagine too applying a 5 point penalty after we (say) lose 2-0 at Arsenal and then telling us hey, you know what, if we'd told you on the Friday maybe you would have fought even harder for the 3 points you didn't know you suddenly needed to survive - even 2 points for a winning goal if we were to draw on Sunday!

3. It isn't impossible that any points deduction could be applied next season - that would be an entirely different matter and one that would give Everton time to appeal or accommodate. There's also the possibility of suspended fines/penalties - again something that could be appealed.
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Thanks mate, and a very good post.

All I would add, is that unless something is announced today, they wouldn't even be giving us a few days. It would be completely retrospective, which as you say would be deemed completely unfair in any court.

Even if the PL Have yet to approve the accounts (which is seems overwhelmingly as if they have both, formally and informally) there would be an onus on the PL to make notification to us this season if they wanted to seek punishment this season.

Even when Manchester City were being challenged, and indeed found guilty (in football) there was no talk of retrospective punishments, but it would have been a ban from competition moving forward. This isn't me being wise after the event, I remember 18 months or so ago, people saying Everton might have a case if they were found guilty at CAS and we could be moved up a place into Europe I was really clear, that would not be possible. It's also worth saying, that this took years to even get to CAS. It's not going to be resolved in 6 weeks.

There is a possibility that points deductions would be imposed for the following season. A lot would have to happen/change in a number of ways for that to be a possibility, but I can see a route where-however distant- that was a possibility.

What is also a possibility, is that whoever is relegated may seek damages from the PL. They may say that as a regulator they did not do diligence properly and put them at a disadvantage. I suspect it would be a weak case, as they would be trying to prove that the rule makers failed on the rules they wrote. I suspect it's a play to try and get an out of court settlement, and in Burnley's case, if they fall into financial difficulties in the league below, to give them some legal context by which to approach the EFL.

Think about the implications though. Every season the side who finished 18th, could accuse the side who finished 17th of breaking FFP rules even though they had complied with them) and bring the league into disrepute. That would just bring chaos every season, and the PL could not really sign off on that, as it would greatly damage the product. Our accounts have been signed off, and have met the criteria of the PL. The same as every other clubs. Others may have an opinion they do not. What's stopping us saying the 15 other sides above us have all actually failed FFP because we disagree with aspects of the accounts, therefore we demand points deductions, and us to be crowned champions. It's obviously illogical, but its along the same paradigm that these claims are being made.
 
Cow kecks said:
During the pandemic no players could be sold for the book price, in addition to paying their wages you also need to take into account their contact running down and the loss of bargaining through no fault of the club. Nothing at all to see in this, would be impossible to calculate properly.
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It's also perfectly normal for organisations to write down assets in such as way.
 
Ozwell said:
Maybe we could sue the premier league for VAR decisions, upholding Allan 3 game ban, not allowing us to cancel our game against Chelsea away because of covid. The list could go on. Seems just as plausible to me!!!! And based on potential points lost in the above examples, let’s just call it evens!!
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I’ve said before, the FA have took more than a 12 point deduction from us.
 

Although annoying that the narrative to pile on Everton for basically existing is still alive and strong, as others have said I believe that any punishment we get from this, be it points deduction or fines, can only be applied from next season, not hammered on to the end of this one.

That's assuming they want this precedent to be set.
 
mumwasablue said:
Just read that Everton lost a possible £60 million transfer fee because of covid on Cenk Tosun and this is put down in the £371.8 million losses. Stuff like this s subjective considering Everton paid £27 million for him in January 2018. I don't think he was ever worth £60million. Personally I have no gripe against Everton even being a Leeds fan, and my family supporting Everton. It makes for some good banter. I think the authorities have cocked up with what clubs could right off with covid. Gate receipts are the first obvious one, but righting off transfer fees some parameters had to be put in place to stop things like Cenk Tosuns valuation being used as a write down tool. I don't think any Evertonian even with rose tinted glasses would say Tosun was a great buy.
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Bbc "It is understood they are viewing the matter as one of sporting integrity given that the Toffees spent more money in the last transfer window by signing Dele Alli, Vitaliy Mykolenko and Nathan Patterson in deals worth an initial £35m, rising to as much as £70m."

I thought it was £2.50
 

Who is sue everton?

No matter - unless they are legally allowed to sue us for points I've a canny feeling any settlement won't compare to the amount one of them will lose on relegation.

Hope it's Leeds, self-entitled scruffs still living off their Revie-era caveman football
 
Johnniepk said:
Bbc "It is understood they are viewing the matter as one of sporting integrity given that the Toffees spent more money in the last transfer window by signing Dele Alli, Vitaliy Mykolenko and Nathan Patterson in deals worth an initial £35m, rising to as much as £70m."

I thought it was £2.50
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"Rising to" it may never reach that amount.

We also sold Digne for a reported £30m, sold Rodriguez and negotiated a loan and sale for Moise Kean. We loaned out Gbamin too.
 
Johnniepk said:
Bbc "It is understood they are viewing the matter as one of sporting integrity given that the Toffees spent more money in the last transfer window by signing Dele Alli, Vitaliy Mykolenko and Nathan Patterson in deals worth an initial £35m, rising to as much as £70m."

I thought it was £2.50
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Which was agreed by the league.

If it wasn't, we wouldn't have done it.

Ta'ra
 

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