by john68 » Sat Feb 11, 2023 9:37 pm
1) This not a court case.
2) The Premier League is a private organisation and as such can set any terms and conditions it chooses, as long as they are not beyond the parameters of English law.
Example;- A club can set its own standards of dress code or bar you entry.
3) The charges made against us are not specific and at this point, they assert that we broke Premier league rule. There are no charges against us that say we broke the law.
Example;- Under the Premier Leagues FFP rules,we are not allowed to spend beyond an agreed percentageof our income. That is against the Prem's rules but not against English law.
4) The investigation is concerned whether we broke rules NOT that we did anything illegal.
5) The Prem has an agreed infrastructure to deal with rule breakers;- a) It has an agreed right to investigate any rule breakers. b) It has the agreed right to set up a panel to judge. c) It has the agreed right to issue whatever sanctions it thinks fit against any rule breakers, d) It has the agreed right to set up its own panel to judge any issue, e) It has the agreed right to hear any evidence in secret, f) It has the agreed right to deny anyone sanctioned any appeal to the CAS. and g) It can set the level of proof necessary to prove guilt as long as 2/3rds of its member agree...... It is not a court of English law.
All of the above has been agreed to by all clubs in the Premier League. Added to that, any issue that has the support of 2/3rds of the members has to be accepted by the other 1/3rd.
Important to this issue is that City have not been accused of doing anything illegal, City are only accused of breaking rules set by the Prem and agreed by its members, including City..
Whether we like it or not and I certainly don't, that's what we're stuck with.
Though an appeal to CAS is denied to us, I am told that there are 2 routes of appeal to the courts;- Substantive Jurisprudence and Serious Irregularities.
I think the above terms mean that the Prem doesn'r have jurisdiction and the other is that the Prem haven't followed their own procedures properly.
If anyone can expand on those terms please do so. It would help our understanding enormously
I KNOW THAT YOU BELIEVE THAT YOU UNDERSTOOD WHAT YOU THINK I WROTE, BUT I AM NOT SURE YOU REALISE THAT WHAT YOU READ IS NOT WHAT I MEANT