Times article, Burnley/Leeds threaten to sue Everton

[catcherintherye]

Burnley and Leeds it seems believe Everton have breached the rules so there is provision in the Pl rules for a a complaint to be made and that I suspect is where things are in that they have jointly registered one. They are perfectly entitled to do so


Now read again what the rule book says when a complaint is sent and in particular the requirement for a statement of impartiality to be signed. That surely infers independence

The Chair of the Judicial Panel shall appoint a Commission to hear the complaint, confirm the identities of the Commission members to the Board and the Respondent(s) and require each appointed individual to complete a statement of impartiality in such form as the Chair of the Judicial Panel shall prescribe. Where a party objects to one or more of the appointments made to the Commission, it must raise such objection within two Working Days of the relevant appointment(s), which shall be resolved by the Chair of the Judicial Panel in such manner as he/she thinks fit.

I mean people can put complaints in, but there is no onus on the PL to act.

Secondly, they have asked for an independent commission. That is different to the commission that is outlined in the rules, which no mention of "independence".

The rules you have stated (correct me if I am wrong in this) seem to relate to where it has been established someone has been found guilty. That has not been established.

If so, you can put a complaint in, but you have no right to convene an independent panel, or a commission until you have established wrongdoing. That would mean overturning the PLs acceptance that the financial results are not in breach of rules, and the independently audited accounts that show they are not in breach.

It's like, I can put a complaint in about you, but I dont have a right to call a judge to sentence you. Guilt would need to be established first.

 

[catcherintherye]

Well, taking the definition constitution of the commission, it would be made up of accountants and lawyers. They would not be premier league employees and are bound by professional conduct rules. I think there's a bit in there about witness evidence as well ( or that could have been arbitration). In any event by virtue of this they would be independent of the prem.

No matter how many ways you want to go about this, the rule does not make reference to an "independent commission" as they have asked for.

The constitution also states, it gets configured where guilt has been found. No guilt has been found. Everton have not breached FFP, and the PL have accepted that.

 

[everton fan number one]

I mean people can put complaints in, but there is no onus on the PL to act.

Secondly, they have asked for an independent commission. That is different to the commission that is outlined in the rules, which no mention of "independence".

The rules you have stated (correct me if I am wrong in this) seem to relate to where it has been established someone has been found guilty. That has not been established.

If so, you can put a complaint in, but you have no right to convene an independent panel, or a commission until you have established wrongdoing. That would mean overturning the PLs acceptance that the financial results are not in breach of rules, and the independently audited accounts that show they are not in breach.

It's like, I can put a complaint in about you, but I dont have a right to call a judge to sentence you. Guilt would need to be established first.

That's true, but they're essentially threatening to go to arbitration ( part X) if the commission isn't set up ( see my earlier post on this). They're not doing that yet. Thus the word "requested a commission" in the news reporting.

 

[wm02]

Are Leeds still owned by that Italian?

 

[pejic]

One of them won't be bothered to pursue this after 5pm tomorrow

 

[catcherintherye]

That's true, but they're essentially threatening to go to arbitration ( part X) if the commission isn't set up ( see my earlier post on this). They're not doing that yet. Thus the word "requested a commission" in the news reporting.

Well they have requested an independent commission, which is different to what's is in the rules.

They can threaten to do what they like of course. The facts are, the accounts have been I independently audited, and subsequently accepted by the PL which show no rule breach has occurred. Maybe the professional accountants have got it wrong. But I know who I would trust.

I can see why the PL have ignored them for 10 days. I can't imagine such a weak case they have is going to occupy much of a priority. Shock horror, club loses money in global pandemic and does write offs. That could never happen!

 

[EFCccc]

Is a little iffy why our loses for covid are huge compared to other clubs……. But I love it, and I’m not a****!.

 

[Trout Masked Replica]

Apart from the obvious, why are only two teams upset? Do the other teams in the league care less for potential rule breaking?

 

[catcherintherye]

Apart from the obvious, why are only two teams upset? Do the other teams in the league care less for potential rule breaking?

Desperation, to try and implicate a side who has broken 0 rules.

 

[Tin-Tin]

Are Leeds still owned by that Italian?

Both American owners I thought

 

[everton fan number one]

Well they have requested an independent commission, which is different to what's is in the rules.

They can threaten to do what they like of course. The facts are, the accounts have been I independently audited, and subsequently accepted by the PL which show no rule breach has occurred. Maybe the professional accountants have got it wrong. But I know who I would trust.

I can see why the PL have ignored them for 10 days. I can't imagine such a weak case they have is going to occupy much of a priority. Shock horror, club loses money in global pandemic and does write offs. That could never happen!

Well, in summary; the concept of a commission is derived from the contract. It is functionally independent due to being staffed by professionals like lawyers who are bound to be impartial. The word "independent" has been used in the press by Leeds and Burnley to have a go at the Prem and suggest somehow they are not being fair- it's a term of art, it has no meaning. There is only a right to the commission as defined in the handbook. If the premier league doesn't agree to holding a commission as defined in the handbook, then you sue them. However if you go to the dispute resolution part of the contract ( X) you'll see it has an obligation to go to what is called an "arbitration" instead. This is effectively what you are talking about; it is fully independent of the premier league. However the arbitrator would not in reality ( I don't think) force the PL to enforce particular sanctions; it would only ask them to carry out its procedures better. This could mean investigating the accounts further ( if the arbitration hasn't already done so) and setting up the commission they have failed to set up which would then determine the correct sanction.

The words "independent commission" are words you have read in a press article, they don't mean anything in contract law.

 

[GlosBlue]

Both American owners I thought

Odd that American owners would be looking to take legal action. It's their answer to everything!

 

[HalfTimeSayers]

The reporting on this is laughable. Sky, BBC, papers just copying and pasting the original story with so little checking that most have different wordings of our spokesman’s statement! Haven’t even seen it and literally just put the jist of it out there.

Also amused that Sky have just posted a story where Burnley’s Barnes claims refs want them down so they don’t get any decisions, despite him elbowing someone in the face, VAR saying it’s totally fine, then he scores a penalty shortly after. No mention of this incident in the piece at all.

Football was so much better when you either went to the match, or listened to it on Radio City then watched MOTD. Then just chatted with mates about it until the next Saturday. Urrgh.

 

[Yarrgh]

Which will only strengthen the case really. They would have to prove, above what independent experts in the field would say, what a reasonable expense would be.

Business incur expenses all the time, particularly during once in a lifetime shocks. None of that is in any way surprising.

I think that covid is the obvious Changy the Elephant in the room. We managed to asterisk our accounts.

Ya gotta laff at dose kerazzy bloos.

 

[Tin-Tin]

Random one but would we have included the un named player in there? That must have cost us about £7m, considering we may have sold him or used him. We could do neither!!