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

Don't feel sorry. As long as people are polite and enter proper discussion (preferably having actually read what the decision says) I am fine. I am defending a position I believe to be correct - it is not that complicated.
I don’t think you need validation from me but I do think you’ve done well explaining legal issues on the forum relating to the 115 case and the apt case. I can also believe when you say you believe you’re defending a position you believe to be correct. But that’s also lawyers language for saying I believe it to be correct based on the information available to me.

All I am trying to say is perhaps information available to you is not all the information available to city’s legal team and that is why their position is different from yours. And both the positions can be correct based on the level of information available to both parties.
 
If the apt rules pre Nov 2024 have been judge null and void any restrictions or penalties incurred during that time are also null and void and compensation for any loss can be sought, correct?
 
But if the shareholder loans issue was backdated to when they started - as the 115 case was) would it not cost the arsenals of this world a lot of money?
That & the fact that the PL are going to have to consider all rules more carefully in future (& not just aim them at us) - which in itself is a victory
It can only be back dated to mid 2021 at worst. APT didn't exist before that.
 
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I know the two cases are not connected but after this result the PL have been shown at least to be incompetent.
How can they now be seen as competent to bring the 115 against us
 

Interesting question which I don't have an answer for.
However, you can be sure a very intelligent, strategic member of our club has a lot more knowledge on this.

For me, there is either something larger at play or it’s simply a way to make a stand and also push Masters closer to the door.

It’s not a full win of them being null and void but as others say we have justification for high market value, we want flex but not crazy changes.
 
I don’t think you need validation from me but I do think you’ve done well explaining legal issues on the forum relating to the 115 case and the apt case. I can also believe when you say you believe you’re defending a position you believe to be correct. But that’s also lawyers language for saying I believe it to be correct based on the information available to me.

All I am trying to say is perhaps information available to you is not all the information available to city’s legal team and that is why their position is different from yours. And both the positions can be correct based on the level of information available to both parties.
Clearly. But clearly the PL's legal team has the same info as City and they also disagree with certain bits. I don't think people understand just how marginal so many legal cases of this type are and how both side's lawyers can simultaneously sound completely and utterly right whilst one party is then declared wrong.
 
1. i'd have only had one mate growing up as a kid if i hadn't befriended rags.
even @Ric will admit to having more rag mates than blue ones i think.
now that thongs have turned fullcircle it's been worth hanging on to them just to see their pain, haha.

2. he's actually really sound and normally rational about most things but when it comes to us and them his brain fills with pure muddlement.
it's a joy to behold.


up the mighty blues!
I didn't have any rag mates growing up! Surrounded myself the blues me.
 
If the shareholder loans issue was enough to make the APT rules unlawful, wouldn't the same issue have been around with the RPT rules before then.

Is this an argument we could have made in 115?
 
There have been nearly 800 posts in the 18 hours since I was last on this thread and I've barely scratched the surface of those. Nor have I read anything about the judgment other than a couple of reports. If this lack of detailed knowledge of the case means I'm mistaken in the analysis below, then apologies and I'm happy to be corrected. Anyway, for what they're worth, this post contains my impressions so far.

Clearly, this is a win for City and not merely a negligible one. We set out to have the PL's APT rules declared void and they were, so there's no other way to view it. There's certainly satisfaction to be taken from that, whatever else happens subsequently. I therefore won't criticise City fans who want to enjoy the moment given the clear hostility with which the PL regards our club and I'm pleased, too.

That said, the practical effect as we move forward may not end up being all that significant for a couple of reasons:
  1. It's only the old set of rules that has been struck down by this ruling and there's now a new set that the PL claims is valid because the offending provisions from the previous rules have been removed, so City have to go through the whole process again to have the new rules invalidated and it's hard at the moment to judge from outside what the prospects are in that case.
  2. In terms of City claiming compensation for the PL rejecting proposed sponsorship deals of the club under the old rules, any claim needs to show that the loss claimed results directly from the PL's actions, and that may not be easy to do for more nebulous claims, while, as we're basically talking about the Etihad deal here and that arrangement is evidently still in effect, it's not exactly clear from outside what the loss actually is.
I don't see any of the above as particularly contentious or controversial. However, given that I'm commenting on an arbitral award I haven't read, I'm open to being persuaded otherwise.

From my perspective, the major point to take away relates to the PL. In my view, in the real world, there'd be hall to pay in the relevant industry if a quasi-regulatory body tried to enact a set of rules that were subsequently declared void in their entirety and the organisation were shown, in the proceedings leading to that outcome, not to be impartial as regards leading players in the industry when formulating and applying its rules. Extensive changes in its leadership would be an absolute certainty.

In my view, Masters's position thus ought to be untenable, but I thought that was the case as soon as the initial decision became public. Nonetheless, the usual slow-witted dullards in the media were happy to perform their accustomed client journalist role by spinning, after the initial determination, the claim, highly dubious even then, that the PL had been the victors in the case.

If he survives now, I assume it's so he can be the fall-guy should the so-called '115' case produce an outcome that influential PL member clubs regard as unpalatable. I regard his eventual demise as a certainty and will celebrate it whenever it comes.
 
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What I said was competition law challenges like this are very hard to win but that my view based on one article in the Times and expressly cautioned my view was without seeing any pleadings or papers.

And I have said a billion times in these posts that I may be wrong and I don't know anything for sure. People hear what they want to hear when they want to hear it. I very much doubt you or anyone else felt I am always right. So it is all just a bizarre game of trolling.

I also said that the blue pencil approach did not appear to work earlier than anyone (14 October) so yesterday's determination is exactly in line with that.

I have said over and over that there are no certainties in law whether this case or others - it is one of the reasons why 115 is so dangerous.
Regardless of the reason, that is exactly what you said when this APT case started. I know you're sensitive to being reminded of this from your previous rebuffal to other posters.

Its certainly not trolling, your posts are very much valued by I suspect everyone on this forum, including myself, but perhaps you should try not being so sensitive on a forum for discussion when someone politely points out that your opinion turned out to be wrong.
 
Is the new APT case purely about APT or could it to do with squad costs control ? Saw a comment on Twitter about how debt is excluded is that not effectively a bit like the the shareholder loan APT issue ?
 

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