I'm not a barrister so not been in that position. I have had cases with me as a (corporate) client and that my barrister and legal team thought was strong and would win. And then lost. I have had cases settle at various points including on the Sunday before the kick off of the trial on the Monday....Have you ever had a brief that you were 100% certain you would win? The follow up question is did you win it?
I would imagine this is quite rare as there is absolutely no certainty in these matters, which is why I haven't been entirely convinced by the bullishness expressed by the club.
I'm not a barrister so not been in that position. I have had cases with me as a (corporate) client and that my barrister and legal team thought was strong and would win. And then lost. I have had cases settle at various points including on the Sunday before the kick off of the trial on the Monday....
As I have said before, even the strongest case can lose and no case is better than 70% chance of winning.
We could appeal against the CAS ruling to the Swiss Federal Tribunal, but only on very specific grounds. Guess the only other option would be to try and challenge the very legality of FFP in the European Court of Justice?Worst case, we lose and face the 2 year ban......what next legally?
I know you have stated this previously and his is why many like me are merely hoping for us to prevail by any means, even if it a technicality. The wild optimism that we are bound to win & then proceed to deal UEFA crushing blows has fizzled out as the uncertain outcome is understood.
Worst case, we lose and face the 2 year ban......what next legally?
We could appeal against the CAS ruling to the Swiss Federal Tribunal, but only on very specific grounds. Guess the only other option would be to try and challenge the very legality of FFP in the European Court of Justice?
We could appeal against the CAS ruling to the Swiss Federal Tribunal, but only on very specific grounds. Guess the only other option would be to try and challenge the very legality of FFP in the European Court of Justice?
UEFA's lawyers include Dr Jan Kleiner, a partner at Bär & Karrer and co-head of the Swiss firm's sport practice group, and Mark Phillips QC of South Square Chambers.
Mark Phillips is a big Arsenal fan - hopefully, he heard Arsene Wenger`s recent comments, "I am in favour of opening things up to more investment, which FFP does not allow for. The clubs that dominate Europe today are those that were built and made investments during an era where FFP did not exist."
Then he will claim he hasn't seen most of the evidence of any of our alleged misdemeanours.Pannick's also an Arsenal fan I believe.
I'd imagine this is the plan. Suspend ffp for those two years then slam the door shut again as we re-enter European competition. Don't think it will come to that. More likely CAS will give some wishy-washy verdict which will result in the two year ban suspended while the issue is dragged through Swiss/EU courts for years. Our reputation so smeared that a not guilty verdict at the end wont alleviate the damage. Yes it will cost UEFA millions, but a lot less than the G14 stropping off and forming their own competition. The longer legal wrangling can be kept going, the longer UEFA gets to tell the G14 they are 'doing something about it' and kick the can of their own collapse down the road.Which by then, post covid would be effectively scrapped imo or at least reworked to allow major owner investment.
Imagine us sat for 2 years banned for something many owners where then busy doing within the game?
As CAS is an arbitrator, they surely will go on the balance of probabilities?I'm not a barrister so not been in that position. I have had cases with me as a (corporate) client and that my barrister and legal team thought was strong and would win. And then lost. I have had cases settle at various points including on the Sunday before the kick off of the trial on the Monday....
As I have said before, even the strongest case can lose and no case is better than 70% chance of winning.
So it’s shit or bust this week then.You should assume that if we lose at CAS the best case is a difficult financial claim for damages in a few years time. I very much doubt it would halt the ban itself so the damage would be done.
On page 2 of this report you can see the limited route under the Swiss court https://web.archive.org/web/2014032...The-International-Sports-Law-Journal-2012.pdf
As CAS is an arbitrator, they surely will go on the balance of probabilities?
Are they going to build an ad hoc vehicle?Interesting from Sunday Supplement that Delaney (and the rest) know nothing at all about the detail. Obviously nobody speaking right now.
This A team thing re UEFA is unlikely to move the dial if the case is weak.
Are they going to build an ad hoc vehicle?