Chris in London
Well-Known Member
- Joined
- 21 Sep 2009
- Messages
- 13,328
Hypothetically, couldn't City just invite the SFO, HMRC & the police to look into these accusations with two intentions?
1. To prove we've not broken any UK Laws?
2. As a precursor to a possible defamation law suit?
I'd imagine if they found we'd not broken any UK Laws, this would pour a cold pail of putrid piss all over the PL's FFP/PSR breach allegations, making a public distinction between their private members club rules & UK Law.
Doubt it. It's not their job. You wouldn’t go to your local Nick and say “can you give me a certificate saying I’m not a crim." Proving a negative is notoriously difficult and I'm not sure that GMP or any other force would devote valuable resources to showing that no crimes had been committed. The best they could say, in any event, is that there is no evidence (or insufficient evidence) to show any crime has been committed.
I very much doubt as well that City would bring a libel claim arising out of these matters in any event. But even if they did, the absence of any criminal proceedings is rarely in itself sufficient to show there has been any libel because the allegation in a civil context has a lower standard of proof - ie Plod has to persuade a jury that it is beyond reasonable doubt that X committed an offence. If plod thinks it's more likely than not that X committed an offence, but it is unlikely that they would prove that to the criminal standard, charges would not be brought.
You have on a number of occasions likened the PL rules to the rules of a private members club, and if I may say so I don't think that the analogy is helpful. It is better if you think of the PL's rules as the terms of the contract between City and the PL. That is effectively what is at the heart of all this - an allegation we have breached the contract under which we compete in the PL. The reason this isn't proceeding in the civil courts is that the contract also provides for its own dispute resolution method, namely the independent panel. But that panel will also apply the laws of England generally (eg as regards limitation periods and the standard of proof) because that's what the contract also provides.