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Financial Fair Play (FFP)

B

BristolfaninPeace

Youth Team
Notcher said:
According to this section it appears there is potential for the national courts to be used. It confirms the thinking in my previous post, in that De Marco is effectively going to be marking their homework and looking to exploit any lapses which could trigger the following so he can send them to the headmasters office.

Access to courts
Parties may choose to resolve their disputes either before national courts or before an arbitral tribunal. Where the parties have not agreed to arbitrate, national courts are competent. However, the majority of sporting governing bodies in England and Wales have internal dispute resolution mechanisms, which usually need to be exhausted before external courts or tribunals can be competent.

However, national courts may still have jurisdiction even where an agreement to arbitrate has been concluded – albeit to a limited extent. Indeed, a party may appeal a governing body's disciplinary sanction before domestic courts, who will take on a supervisory role and subject governing bodies to a standard equivalent to that applied by the courts to public bodies.7 Domestic courts will ensure that:

the relevant regulatory or contractual framework gave the governing body the authority and power to act as it did;
the governing body did not abuse its power;
the decision reached is rational; and
the governing body acted fairly as regards the process by which a decision was taken (i.e., in accordance with the principles of natural justice).
ii Sports arbitration
Under English Law, the Arbitration Act 1996 authorises parties to resolve their disputes through arbitration, provided that all parties agree in writing. These disputes tend to be more beneficial to parties owing to the speed, confidentiality and cost of the process. However, exceptions such as criminal law, employee rights to enforce statutory rights in the Employment Tribunal or insolvency proceedings must be resolved through litigation before domestic courts.

In practice, arbitration provisions are usually contained in the rules of governing bodies (e.g., the FA, the Premier League, the EFL), thereby forcing participants to engage in arbitration. Similarly, athletes' employment or representation agreements often require parties to submit disputes to arbitration. If a domestic court is seized with a claim in breach of an arbitration agreement, it will stay its proceedings in deference to the arbitration agreement.8

While an arbitral award may be challenged before domestic courts, it is limited to the following:

the tribunal was not competent to rule on the dispute;9
there is a serious irregularity affecting the tribunal, the proceedings or the award that has or will cause some injustice;10 and
the appeal is on a question of law arising out of the award (although this ground for appeal may be excluded in the arbitration agreement.11
Where there are no specific arbitration rules relating to a particular governing body, parties may adopt those of Sport Resolutions (UK), an independent dispute resolution service that provides sport-specific ADR services. The Court of Arbitration for Sport may also be competent depending on the requirements of the relevant national or international governing body.

iii Enforceability
Sports governing bodies may enforce sporting or financial sanctions themselves through provisions of their own rules. However, a party may also use enforcement powers available in litigation procedures and in the Arbitration Act 1996 to enforce decisions in their favour.
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Strikes me as being on narrow and limited grounds to say the least. Procedural Unfairness etc. I know the Football League Agreement excludes all mechanisms outside of Sections 67 and 68 of the Arbitration Act if a club still are displeased

Will be interesting to see if the Football League crack on and refer Leicester this season to the CFRP. I've a feeling that they might.

Had a quick look at each.
PL- Sections 67-71.
EFL- Sections 67 and 68.

PL one seems to offer a few extra avenues.
 
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Redemption

Redemption

Agenda Benda
Jimmy said:
My bold: I wouldn't have thought so. An appeal is entirely within the rules, we're allowed to do it. It's not bad behaviour.
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In the Everton Appeal, one of their points was that the complied fully and completely with the commission and some mitigation for good behaviour was forthcoming.

The appeal rejected this, saying that compliance is the default state and expected behaviour.

The EPL could use that against against Forest’s good behaviour.
 
Flaggers

Flaggers

May not be the best moderator on LTLF, but he's...
LTLF Minion
Malwood said:
Lawyers appealing a byzantine and arcane process is not a distraction for the players, and it will not cause them to lose focus.
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Word of the day, Byzantine, and one of my favourite words, arcane, in a single post.

Chapeau, Malwood 🎩
 
M

MaxiRobriguez

Bob McKinlay
JohhnyM

JohhnyM

Viv Anderson
duncanmckenzie said:
I fear this appeal will destroy any good will Forest have achieved during their brief spell in the top flight. They should have accepted the 4 points and moved on
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No offence pal, but I’m not sure what good any goodwill has done us?

Certainly no benefit I can think of when it comes to refereeing decisions, VAR, TV scheduling, EPL charges, cup draws, or anything else worth more than a tinker’s cuss.

Maybe there was less goodwill than we perceive?
 
L

Larry Lansbury

Viv Anderson
I’m certainty no expert on this but we have every right to appeal, its a legitimate part of this whole process. An appeal
should not impact on the panel previously assessing us as displaying good compliance and showing good will-this assessment should remain.
 
enlightened

enlightened

First Team Squad
enlightened said:
It's a horrible position to be in ... but I don't think they had much choice. The feeling of 'if only' if we get relegated on goal difference or by a single point is something that would be hard to live with.
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... and I think we should fight this bollocks until the end. I'd rather we stood against injustice and lost than just rolled over and accepted it. I'm all for doing everything we can to show how anti-competitive a 'competition' the English Premier League is. Somebody has to take a stand and I'll be proud if it is us.
 
Strummer

Strummer

Socialismo O Muerte!
LTLF Minion
Annesleyred

Annesleyred

Youth Team
I'm surprised we appealing but someone must have seen a loophole. More important lets get some points at home games as there are three or four clubs worse than us. Owt back , glad on it
 
PlayedOnGrass

PlayedOnGrass

First Team Squad
Notcher said:
There is a huge possibility that we have lodged the appeal for an entirely different reason.

I strongly suspect this is all part of playing the process through in order to evidence that fact for a legal case that we bring against the PL at a later date.

Whilst playing the process through, De Marco will be collating any/further errors in due process, evidence, consistency, errors in law, failures within their own laid out regulations etc.

The appeal itself could be just a tactical pawn that De Marco has thrown in for the PL while he's around the back just slacking off enough rope for Masters to hang himself
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Fully agree - there is a plan in place here.
I originally didn't think we would appeal and just go straight for the the throat (court) - but you are right, this is the next step in the dance and when we eventually take the nuclear option we will be able to demonstrate we have tried all available options but have been left with no choice.
 
Robertson

Robertson

Geoff Thomas
Mcbeth99 said:
I think you missed my point. If we accepted the 4 points the refs/VAR might subconsciuosly think we have now received our punishment and stop dishing it out themselves on the pitch....
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If this has genuinely been happening then the league really can go f*** themselves, and I’m even more glad we’re appealing. I’m not sure the two things are connected though.
 
Alf-engelos Mindminackers

Alf-engelos Mindminackers

The Artiste formally known as "Wanksy"
Robertson said:
If this has genuinely been happening then the league really can go f*** themselves, and I’m even more glad we’re appealing. I’m not sure the two things are connected though.
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I genuinely think it's a possibility.

The level of bad reffing decisions which I've seen go against us consistently this year has been worse than any year I can remember.

Stuff like Boly's Red Card against Bournemouth are just off-the-scale with their awfulness, and for us it's a semi-regular occurrence.

Conspiracy theories are usually 95% bollocks, but sometimes some of that 5% hold up, and I wouldn't rule it out this year tbh. It's very plausible that the league didn't want us to do well on the back of "cheating", and feared Marinakis ambition genuinely breaking the top 6 if it carried on, so better to curb it now.
 
F

Far have we travelled

Youth Team
Redemption said:
In the Everton Appeal, one of their points was that the complied fully and completely with the commission and some mitigation for good behaviour was forthcoming.

The appeal rejected this, saying that compliance is the default state and expected behaviour.

The EPL could use that against against Forest’s good behaviour.
Click to expand...
That was one of my concerns too.
 
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