Wes' Organ
Biggles
I do feel like that! The Premier league is full of entitled fucknuts and the last thing I want is for them to come to The City Ground and have a good time.Ooooooooooo You can't sing.........
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Financial Fair Play (FFP)
- Thread starter Hawkeye1947
- Start date
I do feel like that! The Premier league is full of entitled fucknuts and the last thing I want is for them to come to The City Ground and have a good time.Ooooooooooo You can't sing.........
Perhaps that's not a bad thing because there's no way we have any written records to provide to an appeal panel.
Wes' Organ
Biggles
Well something fukcing has!
Bobby The Brain
Weasel
ARedChester
First Team Squad
Cheers, I did think this, p9ssibly force their hands in some way.
Seems Mr M really has the PL in his sights ..... stand by with the fire hoses.
ARedChester
First Team Squad
Chill and stop moaning then.
theloner
Viv Anderson
Can't believe we're relying on VAR to stay up. Big man is a mad man!
Alf-engelos Mindminackers
The Artiste formally known as "Wanksy"
It's just an extra string to their bow. Uncertainty in our situation, thus uncertainty to sow seeds of doubt with.
Jimmy
First Team Squad
Gratis
Jimmy
First Team Squad
The point king Cnut was making was that he couldn't stop the tide.
Jimmy
First Team Squad
The media has never given a fk about us so bollox to what they think. Especially that jug-eared leftard clopper of a bellthronk.
Jimmy
First Team Squad
I think it is a free hit but part of me also thinks we're going into this knowing that we're not going to get any points back but to do a bit of shit-stirring and making things a bit more awkward for the PL.
I feel that if we'd only received a 3 point deduction, meaning we'd stayed above luton, we wouldn't have appealed.
Jimmy
First Team Squad
Ok slightly more reassured now about the potential of a further reduction but i can't help but ask this.
We got 6 reduced to 4 on account of early admission and excellent co-operation, does last weeks club statement and todays subsequent appeal now affect any deemed "good behaviour" mitigation?
The Everton appeal board scratched the 10 points and started from zero in their hearing. You would think something similar will happen with our new hearing.
Actually i'm in need of more reassurance
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.
Jimmy
First Team Squad
Why would they add 2 points back on? We cooperated, it's a matter of record. It's happened so we can't magically un-cooperate over the things we cooperated on.
Besides, as far as I understand it we're not appealing to the PL, it's to the independent commission. If the PL want us to receive a greater points deduction they would need to appeal the decision. Have they done that?
Jimmy
First Team Squad
But not 8.
Jimmy
First Team Squad
That single point could be worth a place in the table. Each place higher in the table is worth an additional £2.2 million. If that point is one that keeps us in this league that is many £millions more, so yes, it is worth it.
Green Jumper
"Nottingham Forest Are Premier League"
Fighting really dirty and turning it into a bloodbath would be the approach: make sure they're publicly hammered, even if we get nothing from the appeal.
Not to be messed with.
Grass
Geoff Thomas
No not 8 but it should have been non and even the club agree to this otherwise they wouldn't be contesting it.
He's supposed to be the guy to go to for this kind of thing!
As far as I can see he failed his remit for us!
BristolfaninPeace
Youth Team
The Football League seem less bothered about that kind of thing but the PL seem to have a bit of a soft underbelly?
They appear to go in for a scrap moreso, closing loopholes more proactively. Leicester won one partial case and they embargoed them within a fortnight.
Agreed and That single point could be the difference in staying up to. Any points we can possibly get back are crucial
Listen 'ere young man
Jack Burkitt
Only if there is no jeopardy of an increase in the punishment. You've been good little boys in cooperating with us, here's 2 points less.
What? you now want a scrap and argue it further, how about we only reduce 1 point or worse none.
I believe you cannot bring any new evidence to the table. Unless they can suddenly prove they didn't breach the PSR in the first place (something Forest admitted to anyway) they will be getting 3 points min anyway.
Looking forward to penalties given against Forest outside the penalty area and goal kicks to the opposition after we've put the ball in their net. Cyclops VAR at its finest.
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Notcher
Stuart Pearce
He saved us 2 points. The reason we were credited with cooperation was down to De Marco. He had been working with us prior to the charges too. His preparedness and diligence with prior knowledge were invaluable
Notcher
Stuart Pearce
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
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
BristolfaninPeace
Youth Team
If it is a legal case vs FFP, much could depend on the Premier League and their Arbitration clauses, requirements, terms of membership etc.
By way of example, Football League- Court action can lead to expulsion or suspension or similar.
In review: sports governance and dispute resolution in United Kingdom (England & Wales)
A review of the legal and practical issues surrounding the organisation of sports clubs and governing bodies in United Kingdom (England & Wales) and available dispute resolution mechanisms.
Is possibly even a Global Condition, save for the CAS.
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Notcher
Stuart Pearce
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.If it is a legal case vs FFP, much could depend on the Premier League and their Arbitration clauses, requirements, terms of membership etc.
By way of example, Football League- Court action can lead to expulsion or suspension or similar.
In review: sports governance and dispute resolution in United Kingdom (England & Wales)
A review of the legal and practical issues surrounding the organisation of sports clubs and governing bodies in United Kingdom (England & Wales) and available dispute resolution mechanisms.www.lexology.com
Is possibly even a Global Condition, save for the CAS.
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.