PL charge City for alleged breaches of financial rules

[halfcenturyup]

If push comes to shove we can always appeal about not being able to appeal.

Fuck me, it's like the off-side rules.

 

[The Light Was Yellow Sir]

It expressly says "Subject to the provisions of sections 67 to 71 of the Act, the award shall be final and binding on the parties and there shall be no right of appeal. There shall be no right of appeal on a point of law under section 69 of the Act." So that leaves s67,68,70 and 71 of the Arbitration Act as routes to appeal to the courts.

67 is substantive jurisdiction https://www.legislation.gov.uk/ukpga/1996/23/section/67
68 is serious irregularity https://www.legislation.gov.uk/ukpga/1996/23/section/68
70/71 are supplementary (basically process) provisions relating to 67 and 68

So, the ONLY realistic route to end up in the Courts is serious irregularity. It is almost definitely not ending up in the courts.

Serious irregularity means an irregularity of one or more of the following kinds which the court considers has caused or will cause substantial injustice to the applicant—

(a)failure by the tribunal to comply with section 33 (general duty of tribunal);

(b)the tribunal exceeding its powers (otherwise than by exceeding its substantive jurisdiction: see section 67);

(c)failure by the tribunal to conduct the proceedings in accordance with the procedure agreed by the parties;

(d)failure by the tribunal to deal with all the issues that were put to it;

(e)any arbitral or other institution or person vested by the parties with powers in relation to the proceedings or the award exceeding its powers;

(f)uncertainty or ambiguity as to the effect of the award;

(g)the award being obtained by fraud or the award or the way in which it was procured being contrary to public policy;

(h)failure to comply with the requirements as to the form of the award; or

(i)any irregularity in the conduct of the proceedings or in the award which is admitted by the tribunal or by any arbitral or other institution or person vested by the parties with powers in relation to the proceedings or the award.

What’s interesting, to me at least, is the presumption that the PL will appeal should they not ‘win’. Given their hold over this process and that they are, after all, only a member organisation, that would be hugely disappointing and would risk real damage to their ‘brand’.

 

[mrbelfry]

It's not just that, the investigation started in 2018.

Yet 30 of the charges relate to us not handing over documents for the 2017/18, 2018/19, 2019/20, 2020/21 and 2021/22 seasons.

I mean 4 of those seasons hadn't even happened when the investigation started and the other season we were in the middle of.

So why should City hand over those documents when they aren't at all relevant to the investigation.

Whilst we're at in do they want Sheikh Mansours pin number?
Probably fine us for not disclosing that.

Investigation started in 2018. They have accused us of not cooperating with that investigation for that time. Interesting that they haven't charged us with the same accounting breaches for that period though so either we changed something or they are just running with the de Spiegel leaks

 

[Bez]

I just looked at the documents de Spiegel released as I also couldn't understand this but I think the issue is RM had a contract with Al Jazira but there are bank transfers from City paying that salary .

If City paid him directly for Al Jazira contract then I guess this issue will be hard to defend.

 

[M18CTID]

4 years?

I'm not sure he's saying our case will take 4 years. He's alluding to "other big sports cases" in that tweet.

 

[halfcenturyup]

the clause says the decision of the panel is final. it does not however say we cannot go to the court if we are wronged in the process of making the conclusion and if the panel does not follow its own rules.

Also, spot on. In the same CAS rulings are always described as final (in that process) but can be challenged in the Swiss courts. I think :)

 

[halfcenturyup]

If City paid him directly for Al Jazira contract then I guess this issue will be hard to defend.

Paid the salary directly to Mancini, or loaned the money to AJ to pay Mancini?

Edit: Were the monies reimbursed by AJ?

Was there a contract whereby City paid Mancini on behalf of AJ?

Were any services provided to AJ in the period by Mancini.

Nothing is ever clear without all the information.

 

[Father Paul]

From a quick look I agree that the grounds for appeal to arbitration are very narrow (certainly not a re-hearing). The bar is very very high. Effectively City would have to show the PL’s ruling was fraudulent,
seriously irregular in a procedural sense or so unreasonable that no other body could have reached the same conclusion on the same facts. Happy to be told I’m wrong!!

The River project sets this argument out in detail and it is a strong one on paper. However, there is imo enough scope to engineer some form of High Court appeal should it become necessary. Time will tell.

 

[Indaparkside]

Not a bad idea

The rags disrupted horse racing and other venues when protesting about magnier etc
We’re to soft let’s get heard big banners look into the coutinho money etc :)

 

[we are really here]

After having a look through the Premier league handbook in which all the charges we have been handed. There's a lot of trivial stuff. The 2 K charges (k.12 and K.20) in the Premier league handbook they are down as not having a drug test area close to the players and officiating staff, and pitch dimensions, grass length and pitch pattern. Another is our scouts not acting in accordance with code of conduct.

But what gets me. If these are the charges from the handbook. Then it's the way its reported. Its down as 115 financial rule breaks. Now if the Premier league handbook is the Bible in which the rules we have broken. I've already found 3 charges that aren't financial.

The only charges that are financial are section D and E in the handbook.

If people want I can post the official wording of each charge. Unless they're secret laws that noone can find anywhere because its a major witch hunt, to prove to the government that they can clean shop themselves without any independent jurisdiction overlooking their corrupt acts.