The decision is scheduled for 6.30pm in Sydney, and I have a day off work, so, amidst the thousands of opinions, and all the tumult and shouting, this is my view:
I’ve always subscribed to Stefan’s (projectriver) view that UEFA would have considerable difficulty convincing CAS that this was not a case of double jeopardy ((being ‘re-tried’ for the same matter).
This is because the periods in dispute are essentially covered by the original settlement agreement. That agreement bound the parties and effectively settled the dispute, with City accepting a hefty fine for the alleged breaches. UEFA then revisited the matter in, I believe, 2017. That review, and the letter issued by UEFA to City, confirmed that City had complied with the terms of the settlement agreement.
If, as projectriver has stated, the settlement agreement had the normal conditions attached, then, in his view, that should be the end of the matter. If that is the case then there is a persuasive argument that City should be legally cleared.
However, as we know nothing can be assumed in the legal world. We are about to get the legal options of three lawyers as to the merits of City’s defence. The standard of proof is that they must be ‘comfortably satisfied’ that, in essence, City has cooked the books. As we know High Court judges often disagree as to the interpretation of the law. Some are more conservative, others liberal, and this is why it is somewhat unpredictable as to the outcome of City’s case.
Having said that, I remain optimistic. In my view, any fair reading of this case relies at its heart on UEFA seeking to revisit matters that have already previously been settled. I think this is how CAS will interpret the matter. If that is the case then City will win.
Come on City!