“Where …..the board determines in its reasonable opinion that the relevant transaction is evidently not at fair market value….”
The lawyers will argue for years about this alone, apart from the fact that the “Board” will have to be seen to be acting without any consideration of vested interests, and reasonably.
It‘s a can of worms and I wonder if other legal minds on here would agree that any evidently self interestedly imposed fine or ban would be overturnable by the courts.
I guess I am still a little concerned that there is no recourse to independent arbitration a la CAS but have enough faith in the system to believe that the high court could become involved on the application of either party, as has already been the case with the recent hearing about release of documents and publicity etc.
FWIW I believe the judge’s remarks about delay apply to the P.L. but even if I am wrong on that it is pretty clear they are on a fishing expedition. If there was any substance to the enquiry they (P.L) would have shown their hand by now
Edit. I meant to quote halfcenturyup’s earlier post setting out the regulations E60 specifically