CAS judgement: UEFA ban overturned, City exonerated (report out p603)

gordondaviesmoustache said:
Limitation periods aren’t a technicality. They are a fundamental term of the contract between UEFA and the clubs. It’s like speeding on the motorway and blaming the speed limit on a fucking technicality.
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Exactly - City not following the rules is 'cheating', apparently, but UEFA not following the rules is a 'technicality'.

Edit - by City not following the rules I am referring to the non-cooperation bit, not the sponsorship allegation, before everyone jumps on my head.
 
gordondaviesmoustache said:
Limitation periods aren’t a technicality. They are a fundamental term of the contract between UEFA and the clubs. It’s like speeding on the motorway and blaming the speed limit on a fucking technicality.
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It's a bit like saying someone got off with murder on a "technicality" when there was no proof they ever murdered the victim.
 
Gremlin said:
Exactly - City not following the rules is 'cheating', apparently, but UEFA not following the rules is a 'technicality'.

Edit - by City not following the rules I am referring to the non-cooperation bit, not the sponsorship allegation, before everyone jumps on my head.
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The FFP rule about co-operation is so widely drafted that anything could be defined as 'non-cooperation'. And it's 99.9% certain tht we ould have taken legal advice at the time on that. If you were hauled in for questioning by the police on a serious criminal matter you would be legally entitled to refuse to co-operate with them. You have the right to remain silent so as not to incriminate yourself, and a lawyer would tell you that and support your right to do so.

I remember the outcry when the government brought in a measure to make your silence in an investigation something that could potentially be used to count against you in court.
 
Prestwich_Blue said:
The FFP rule about co-operation is so widely drafted that anything could be defined as 'non-cooperation'. And it's 99.9% certain tht we ould have taken legal advice at the time on that. If you were hauled in for questioning by the police on a serious criminal matter you would be legally entitled to refuse to co-operate with them. You have the right to remain silent so as not to incriminate yourself, and a lawyer would tell you that and support your right to do so.

I remember the outcry when the government brought in a measure to make your silence in an investigation something that could potentially be used to count against you in court.
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Except, of course, that this wasn't a criminal case it was essentially a commercial dispute so the 'right to silence' rules don't apply - not that you would know that from the way some of the media reacted.
 
Prestwich_Blue said:
The FFP rule about co-operation is so widely drafted that anything could be defined as 'non-cooperation'. And it's 99.9% certain tht we ould have taken legal advice at the time on that. If you were hauled in for questioning by the police on a serious criminal matter you would be legally entitled to refuse to co-operate with them. You have the right to remain silent so as not to incriminate yourself, and a lawyer would tell you that and support your right to do so.

I remember the outcry when the government brought in a measure to make your silence in an investigation something that could potentially be used to count against you in court.
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Yes, part of Blair's attack on judicial fairness, along with double jeopardy. (Tin hat on)
I believe Uefa's rule on cooperation is unique among sporting bodies.
 
Limitation periods are safeguards to any individual or entity against over zealous prosecution at any cost. They call it getting off on a technicality but in effect it isnt, it is a fundamental part of prosecuting cases within time limits. If you are accused of speeding you expect a notice of intended prosecution within 2 weeks and the information must be laid within 6 months of the alleged offence. If you disagree that you were speeding and the prosecution fail to establish compliance with the above the charge goes nowhere. The fact as to whether you were speeding or not is not even considered. Certain serious offences such as murder do not have any limitation of time on them.
 
Daz_Blue said:
Might go on holiday here next year ........ is it an all inclusive resort ?


jMZg6c0F
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Heard if you appeal when checking out they will give you a 66% discount !
 
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