Dribble
Well-Known Member
In terms of contracts, don't they have to be in accordance with 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.
EG: "In our street racing contract, you're limited to speeds of 100mph, but we clocked you at 110mph on Hyde Road, so you're in breach."
If the police picked up on this, could the street racer in breach not say it's none of their business, it's a private contractual dispute?
I looked at the CPS definition for Malicious reporting, which made me look again at several of the carefully crafted statements by the PL, which verge on accusations of "fraud" (I'm not saying you're guilty of arson, but I saw you set fire to your own house).
Where's the line drawn between essentially an inference of fraud in a contract between parties, & the CPS definition Malicious reporting, in the public interest (the courts deemed the issue could be reported on), leading to wasting police time & reputational damage?
The scenarios I put forward are done so for clarification by BM legal/finance experts (of which I'm not one). I'm merely a fan who's sick & tired of the bullshit & just wants to get back to the football.
In truth I have an element of legal & finance training as part of my job which gives me a VERY light laymans working knowledge.
When situations like this arise, like many City fans struggling to get their heads around this, I take my head out of the weeds, stand back & take a global over all view of what's happening.
Cutting to the chase, FFP/PSR is a bullshit witch hunt specifically crafted to stop Manchester City Football Club, & to protect the G14 & Spuds from ever being challenged. That's the short & tall of it.
Sometimes we've gotta stop getting dragged into football's silly legal/contractual/accounting games & call out FFP/PSR for the protectionist con it is.
Most opposition fans couldn't care less about the detailed minutiae contained in this thread, because in their minds we've been correctly accused of cheating, dominated football unfairly & only won what we have because we're crooks, & there's little any of us can say which'll change their minds.
Ultimately my suggestion of calling in the authorities to look at our business because of all the spurious public allegations made, which are causing huge reputational damage & hurt to our fans, can be characterised by the bolded type in your quote above.
That's all it takes to switch the spotlight of guilt by Manchester City, to the feeling of a witch hunt by the PL.
If the UK courts deemed the PL tribunal could be reported on because its in the public interest, surely City calling in the Feds to see if we have a criminal case to answer, would settle this farce legally, which would be in the public interest & considered a fair conclusion?
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