manimanc
Well-Known Member
When is post number 3 due?2. The Limitations Act 1980
I understand that, but discrepancies between Rules and Laws undermines the PL's case and our lawyers will start with that. The Limitations Act 1980 destroys a lot of the PL's evidence if it's applicable.
Para 174 of the CAS Arbitration Award found that the LImitation Period ended with the Referral Decision on 15th May 2019, so the Limitation Period for the charges brought in the Referral Decision started to run on 15th May 2014 (5 year limitation) Breaches committed as from 15th May 2014 therefore fell within the Limitation Period and may be prosecuted, while prosecution of breaches committed prior to such date is barred by application of Article 37 CFCB Procedural Rules.
Using the same logic, the PL would only be able to investigate any alleged breaches going back to 15th May 2013 (6 year limitation) or when they discovered the alleged fraud, concealment or mistake.
Hacked Emails 14th April 2010, 6th September 2012, 7th December 2012 would still be inadmissible and time barred but emails 29th August 2013 and 11th December 2013 and “undated” email and “total cash” sheet could be prosecuted if proven to be breaches. That's half the PL's evidence time barred and dismissed.
Another thought, if the PL's FFP didn't start until 2014, then all the hacked emails could be inadmissible.
I'll clear a date in my diary.