Looking at the judgement I agree with this:-My American autocorrect says judgement so the IT overlords have ruled I'm afraid.
Mate, we've read the same things from these journalists about CAS and the like for years now, we know exactly how educated they are on these matters. I don't care if the lad is someone who chauffeured around a sports lawyer's second cousin, he'd still be vastly more qualified than these hacks based on osmosis alone. These are the people solely responsible for the "City got off on a technicality" narrative.
I'm getting away from the point here. The point that I was making is that I don't listen to sports journalists because they have no idea what they're talking about on legal issues. Not even a bit of a clue. And you can times that by a thousand in terms of what they write several hours after a 175 page technical document has come out and how that knocks on for everyone else. The only people worth listening to about legal issues are the legal community and those legally trained. You have you view and I appreciate that but from what I've read, it appears at odds with the general consensus of the legal industry who have expressed opinions. I tend to go with the general consensus in expert domains without compelling arguments. Almost all opinions fall on the "we'll see" side of the spectrum and I don't see any outside of the aforementioned sports journalists who are touting this as a large City win.
The one exception to this of course is Simon Cliff. But Simon Cliff is currently working under a legal strategy for one of the sides of the argument so not what I'd call exactly a fair source. Facts are facts and in the legal arena, facts are useless things to have. Everybody is trying to sell their interpretation of the facts that benefit them the most, and this is what I think Cliff is doing so I'll eye his proclamations with more scrutiny than professionals who are not involved in the case.
I just don't see this large City win. I'm not even sure I see this as anything but a minor event that will have little to no bearing on anything going forward. On the face of it, and this is just my opinion with all the caveats I've put above, the idea that the entire APT ruleset now needs redrafting or is currently null due to this judgment seems far fetched. It seems much more likely based on the wording that I've tried to understand that the blue pencil test will apply; they can modify these without having to completely rewrite the entire ruleset so the rules stand as is. I'd love for someone qualified enough to explain why that isn't the case and show me what I'm missing.
I'd even go one step further and argue that maybe all of the people I've quoted including yourself, the Professor and Stefan have jumped the gun a bit and we won't really know the impacts of this for a decent while yet because there's going to be meetings and redrafts and possibly tribunals and more legal action from us or other clubs and only when we've got some distance from it can we really see who "won" or "lost".
Even with all that, I'm not even sure what winning even means in this case. We own shares in the Premier League. We're a shareholder suing the board, why others want the company to fail based on that I can't really work out.
-Include shareholder loans in APT rules.
-Remove the price changes from the amended APT rules.
-Allow clubs access to the transactional data.
and it's job done?
The facts that the premier league have been found to have unlawful rules and what effects the above changes have on clubs deals/finances is a separate debate.