Re: Mike Ashley

B_C_F_C

Miss World

B_C_F_C

Bluesince62

[www.efl.com]

Expect a lot of clubs to file for admin if Derby win that appeal, although find it strange they can fund an appeal while there isn't enough money to pay creditors.

Going to cost in the region of £300,000. You'd say there is no chance on the face of it, Wigan tried it and failed, but the admins at Derby are saying it's a different situation. An independent tribunal has already found for them once, so who knows?

There is only one reason for an appeal on this...

"12.10 A Club may appeal:

(Blah, blah,blah...).

but only on the ground that the relevant Insolvency Event(s) arose solely as a result of a Force Majeure event (‘Sporting Sanctions Appeal’)."

It is notoriously difficult to prove that a Force Majeure event caused Insolvency...

"The club is arguing the situation was caused by the financial impact of the coronavirus pandemic, and therefore the points deduction should not apply."

This is the same coronavirus epidemic the effects of which seem to have been foreseeable by 90 odd other Premier League and EFL clubs.

What is the defined list of Force Majeure events under this agreement?

"12.11 For the purposes of this Regulation 12, a ‘Force Majeure’ event shall be an event that, having regard to all of the circumstances, was caused by and resulted directly from circumstances, other than normal business risks, over which the Club and/or Group Undertaking (as the case may be) could not reasonably be expected to have control and its Officials had used all due diligence to avoid the happening of that event."

The point is the insolvency event must have been caused SOLELY by the Force Majeure Event.

Very hard to prove.

Cheers. A very interesting definition.

I wonder if they are saying the Force Majeure event was “covid”, or if they might go more narrow and say the Force Majeure event was something like “enforced stadium closure during parts of the 2019/2020 and 2020/2021 seasons”?

Could they show cause and effect that it was solely the loss of stadium operating revenue that sent them under? Probably not.