UEFA FFP investigation - CAS decision to be announced Monday, 13th July 9.30am BST

[KS55]

I was of the understanding new evidence couldn't be introduced, so how does that sit with them suddenly finding us guilty on something they may already have or we overlooked?

Doesn't make sense, I'd assume we already know what Uefa's entire case is against us?

This is the one thing that worries me. If Uefa believe that something in the documents that we submitted shows we are guilty, it is not new evidence. In that case, surely Uefa had to tell the club the basis of their finding of guilt when the AC pronounced. I guess that they may have detected creative accounting. No doubt City will say that UEFA have misinterpreted something. Your previous posts suggested that Uefa had only emails as evidence, so I am at a loss, but I distinctly remember Leterme saying the vital evidence was something that City submitted. Can't find a ref to that tho'.

 

[slbsn]

I was of the understanding new evidence couldn't be introduced, so how does that sit with them suddenly finding us guilty on something they may already have or we overlooked?

Doesn't make sense, I'd assume we already know what Uefa's entire case is against us?

Don't think that it is correct re no new evidence before CAS.

 

[Centurions]

What about a scenario where UEFA say we have read some concerning items in the media regarding x y and z, can you forward copies of x y and z please? These copies don't match what was originally submitted, bang, UEFA have their smoking gun.

Why would we submit copies that don't match the original documents?

 

[Centurions]

Doesn't make sense, I'd assume we already know what Uefa's entire case is against us?

Aren't both sides allowed to submit one piece of extra evidence each, with anymore needing agreement from both sides?

 

[slbsn]

Don't think that it is correct re no new evidence before CAS.

Its not correct (https://www.tas-cas.org/en/arbitration/code-procedural-rules.html):

R44 Procedure before the Panel

R44.1 Written Submissions

The proceedings before the Panel comprise written submissions and, in principle, an oral hearing. Upon receipt of the file and if necessary, the President of the Panel shall issue directions in connection with the written submissions. As a general rule, there shall be one statement of claim, one response and, if the circumstances so require, one reply and one second response. The parties may, in the statement of claim and in the response, raise claims not contained in the request for arbitration and in the answer to the request. Thereafter, no party may raise any new claim without the consent of the other party.

Together with their written submissions, the parties shall produce all written evidence upon which they intend to rely. After the exchange of the written submissions, the parties shall not be authorized to produce further written evidence, except by mutual agreement, or if the Panel so permits, on the basis of exceptional circumstances.

In their written submissions, the parties shall list the name(s) of any witnesses, whom they intend to call, including a brief summary of their expected testimony, and the name(s) of any experts, stating their area of expertise, and shall state any other evidentiary measure which they request. Any witness statements shall be filed together with the parties’ submissions, unless the President of the Panel decides otherwise.

If a counterclaim and/or jurisdictional objection is filed, the CAS Court Office shall fix a time limit for the Claimant to file an answer to the counterclaim and/or jurisdictional objection.

...

R44.3 Evidentiary Proceedings Ordered by the Panel

A party may request the Panel to order the other party to produce documents in its custody or under its control. The party seeking such production shall demonstrate that such documents are likely to exist and to be relevant.

If it deems it appropriate to supplement the presentations of the parties, the Panel may at any time order the production of additional documents or the examination of witnesses, appoint and hear experts, and proceed with any other procedural step. The Panel may order the parties to contribute to any additional costs related to the hearing of witnesses and experts.

 

[tolmie's hairdoo]

Don't think that it is correct re no new evidence before CAS.

Ta.

 

[KS55]

Aren't both sides allowed to submit one piece of extra evidence each, with anymore needing agreement from both sides?

I think that applies where the parties wish to submit extra evidence after the closure of the submission date. Before that date, they should be allowed to submit whatever they think supports their case, as it is a trial de novo. Lawyers, is that right?
PS EDIT. Just read @projectriver post above. All is now clear.

 

[DrBlueBob]

Do you have a prognosis for this case yet ?

No clue at all mate. Having said that if someone were to offer me something in the region of 20 large a day I would definitely put my thinking cap on. No win, 75% refund. Can't say fairer than that.

 

[Bodicoteblue]

Why would we submit copies that don't match the original documents?

Exactly.
If they didn’t match the originals, then they would not be copies, they would be separate different documents.
Why would we send them documents they hadn’t asked for?

 

[Centurions]

Exactly.
If they didn’t match the originals, then they would not be copies, they would be separate different documents.
Why would we send them documents they hadn’t asked for?

I'm not surprised that anyone but @BobbyBoy answered, he's trolling.