City launch legal action against the Premier League | Club & PL reach settlement | Proceedings dropped (p1147)

So, a summary:

As a fair few of us said, the club won some and lost some. The club wasn't really trying to overturn the whole APT thing and didn't so no problem there. But it did win on these;

The original and the 2023 rules are illegal because they don't take into account commercial interest on interest-free shareholder loans. Needs a new rule ASAP, I guess. Will affect Arsenal the most. Shame. Question is, does it have to be applied retroactively to the introduction of the APT rules in 2021 if all the rules aren't scrapped and all effects removed?

The new 2023 rules are illegal because certain of the changes significantly increase the risk of false positives: three changes are mentioned: "could" instead of would, "normal market conditions" and the removal of "evidently". The PL will just revert to the 2021 wording which gives more leeway to the club on valuations. Strangely, this section of the award also refers to the switch in the burden of proof from the PL to the club, but unless I missed it I can't find the panel's finding on that. Which means either they have made a mistake or I have missed it.

Two negative decisions on valuations (including the new Etihad deal) have been reversed and the PL had been found in breach of their own rules by causing delays in their determinations. Compensation claim incoming, I imagine for all that ....

I think :)
 
gordondaviesmoustache said:
The PL have got some fucking brass neck claiming any sort of victory given the number of times the word unlawful has been deployed there.
Click to expand...

Yeah it’s clearly not a victory. I can kind of get to an extent why they’d do it, as ultimately it doesn’t need that many changes to make the rules lawful as it’s only a few areas that were successfully challenged.

The issue the PL have got though is getting the rest of the clubs to agree to changes in those areas, I just can’t see them getting agreement easily. That and whatever they say, they’ve implemented rules that are unlawful, that can’t ever be a position of victory for anyone.
 
meltonblue said:
Yeah it’s clearly not a victory. I can kind of get to an extent why they’d do it, as ultimately it doesn’t need that many changes to make the rules lawful as it’s only a few areas that were successfully challenged.

The issue the PL have got though is getting the rest of the clubs to agree to changes in those areas, I just can’t see them getting agreement easily. That and whatever they say, they’ve implemented rules that are unlawful, that can’t ever be a position of victory for anyone.
Click to expand...
Especially as it’s their own fucking rules.
 
Matt Lawton broke this news on 26th September and @tolmie's hairdoo also tweeted about it. They were correct. Well done gentlemen.
@slbsn questioned the reference to the agenda item being removed as potentially not being relevant. Clearly Stefan hadn’t had the nod.
Matt Lawton and @tolmie's hairdoo get where water doesn’t and that’s great news for us. Keep up the excellent work fellas.
 
halfcenturyup said:
So, a summary:

As a fair few of us said, the club won some and lost some. The club wasn't really trying to overturn the whole APT thing and didn't so no problem there. But it did win on these;

The original and the 2023 rules are illegal because they don't take into account commercial interest on interest-free shareholder loans. Needs a new rule ASAP, I guess. Will affect Arsenal the most. Shame. Question is, does it have to be applied retroactively to the introduction of the APT rules in 2021 if all the rules aren't scrapped and all effects removed?

The new 2023 rules are illegal because certain of the changes significantly increase the risk of false positives: three changes are mentioned: "could" instead of would, "normal market conditions" and the removal of "evidently". The PL will just revert to the 2021 wording which gives more leeway to the club on valuations. Strangely, this section of the award also refers to the switch in the burden of proof from the PL to the club, but unless I missed it I can't find the panel's finding on that. Which means either they have made a mistake or I have missed it.

Two negative decisions on valuations (including the new Etihad deal) have been reversed and the PL had been found in breach of their own rules by causing delays in their determinations. Compensation claim incoming, I imagine for all that ....

I think :)
Click to expand...
I don’t think we lost any. The fact that some of the reasons for the laws being unlawful were dismissed did not change the outcome that the rules are unlawful.
 
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