01/12/2023 24comments  |  Jump to last

Everton have confirmed that they have lodged a formal appeal with the Chair of the Premier League’s Judicial Panel against last month's ruling by a Commission to impose a 10-point deduction on the club.

The club were hit with the biggest points penalty in the history of top-flight football on the recommendation of a Premier League-appointed panel based for breaching Profitability and Sustainability Rules by £19.5m.

Shock on the blue half of Merseyside at the disproportionately heavy sanction has been matched in many quarters of the game and there is hope that the penalty could be reduced.

According to i News, one sports lawyer says that the club stand a good chance of having the number of points levied against them but having the entire penalty erased is unlikely.

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Carlos Hurtado, a sports lawyer at Baker McKenzie, said in regard to how Everton could argue their case to the Appeal Board:

“First I would focus my response on the fact Everton have basically co-operated and been transparent. Broadly speaking it doesn’t appear in this case they have withheld information,” he says.

“There is a lot around mitigation too – the war in Ukraine, losing USM sponsorship, things like that. But another area of mitigation is to stress there was no intention to gain a competitive or sporting advantage.

“I think there is weight in the argument that they tried to comply with the regulations. I would stress that after the date being argued about the club are in compliance and have corrected the mistake.

“A lot of the external factors have gone now and we could show a different perspective to the appeal board and get a different decision. I would focus something around proportionality. There was a breach but it was a smaller breach, not a substantial breach for the points deduction put out.

“I would also look at precedent – the previous punishments in the EFL and in Italy, for example, have not been as harsh as Everton’s.”

In the meantime, the chair of Everton's Fan Advisory Board (FAB) has written to Alison Brittain CBE, the Chair of the Premier League, to express his body's concern that the Premier League commission's adjudication did not take into account the impact on the club's supporters.

"[W]e would like to express our significant concerns that at no point during the process which led to (what is, in our opinion) the disproportionate penalty imposed on Everton Football Club or, in considering and making recommendations about the potential sanctions that should be applied to the breach, has the Premier League considered or taken into account the views of supporters," Dave Kelly wrote.

"Developing a meaningful understanding of perspectives and engaging with key stakeholders are well accepted principles of effective regulation. One of the guiding principles of the Fan Led Review is to ensure that regulatory sanctions should avoid impacting fans, wherever possible.

Can you therefore clarify what measures the Premier League took to effectively consider the impact or interests of supporters in recommending an unprecedented sporting sanction? Can you also confirmwhich, if any, groups were consulted and how their feedback was factored into the Premier League considerations?"

 

Reader Comments (24)

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Barry Hesketh
1 Posted 01/12/2023 at 15:44:48
Mark Douglas Northern football correspondent, for the I newspaper, reports that Carlos Hurtado, a sports lawyer at Baker McKenzie, told I that he believes the punishment is likely to be reduced on appeal, based largely on it being out of proportion to the offence.

Reduction to Six?

Is this the first salvo in the Premier League's Public Relations machine, getting the club and the fans to accept some type of points penalty?

Peter Hodgson
2 Posted 01/12/2023 at 16:19:03
Whilst I think that some sort of penalty is in order I don't like that they say that the appeal will be finalised by the end of the season as it gives them the opportunity to dish out whatever penalty they think is appropriate depending on their agenda based on what they want the end result to be!

In my eyes it merely confirms that the whole thing absolutely stinks. If it is all above board, and they will insist that it is, then the result, if there is still to be a points reduction which we all expect, the points reduction has got to be announced straight away, as the initial one was, so removing the suspicion that they will award whatever reduction will achieve their objective. In other words what they original intended it should be.

The suspicion is that they want to kill Everton off in one swell swoop. It sounds like justice Premier League style.

I sincerely hope that my thoughts are wide of the mark but from where I am sitting it doesn't look like it is what they intend.

Any thoughts?

Mark Taylor
3 Posted 01/12/2023 at 16:20:52
My suspicion is that it will be a reduction, but with part of the punishment suspended for a couple of years to force compliance. Maybe 5 points with 5 suspended. I think I'd take that. This doesn't mean I think it has logic. Arguably, and reasonably so, if P&S is supposedly about clubs not getting into financial trouble, then the sanction ought to be around constraints on wages or transfers, not points.

As for the subsequent period to 2023, it might need Paul the Esk's skill to guesstimate if we'd be OK. I think at first sight, it will be tight but probably just on the right side of the line. And I think the worst case if we are a very small amount over, is there will be a further suspended sentence- or at least that is what I would argue for, if they insist on using points deductions.

Chris Leyland
4 Posted 01/12/2023 at 17:29:52
In the interests of sporting fairness and integrity, the penalty should be suspended whilst the appeal is ongoing so as to give no sporting advantage or disadvantage to anyone. The longer it goes on the more unfair it becomes either way. It impacts on results and performances and it also impacts on the manager having to taken risks with certain players who may be carrying a knock who he might have been able to rest for a particular game if we weren’t in the relegation zone because of the points deduction.
James Marshall
5 Posted 01/12/2023 at 17:34:28
Absolutely Chris@4

They should never have taken the points off immediately anyway - they should have given us a suspended 10 point deduction pending appeal.

Your point is bang on - it's a scandal that they were able to simply dock us points on the spot. Of course we were going to appeal.

Nick Page
6 Posted 01/12/2023 at 17:58:01
They’re not stupid these bastards. They knew there would be an appeal given the outrageous and preconceived “judgement” but they’ve already created as much trouble for the club as possible by docking us ten points on the spot, and then allowing that Leeds United KC - oh there’s no vested interests here….jeezus wept - to open the club up to compensation claims. If you go down that route, with these people running the show the club is bankrupt. Ironic really given the whole idea of their shitty P&S rule is to safeguard clubs in the community from doing exactly that. Whatever it is, there is definitely an agenda at work here.
Kevin Edward
7 Posted 01/12/2023 at 18:11:36
I’m pleased that the club has appealed.
Can’t wait to see what the kangaroo court does next.
We should continue to kick up a stink until they reverse the points deduction, in the meantime the EPL will continue to display to all how bent they are and how they are killing football.
If we manage to survive and see out the season then focus may shift elsewhere as other clubs are operating under scrutiny.
But it starts on Saturday and 3 points will be a massive lift after the initial momentum was snuffed out at Goodison.
Raymond Fox
8 Posted 01/12/2023 at 18:37:35
My best guess is they will make it 8 instead of 10pts.
On a good day they could make it a 6pt penalty.

Most of us are thinking they will reduce it, but you never know!

Christine Foster
9 Posted 01/12/2023 at 19:13:11
Nothing in this whole saga can be considered fair and reasonable. Nothing. The whole thing smacks of a stitch up, from the supposedly "working hand in hand withe the PL" the not so impartial hand picked"independent commission " the absence of any guidelines for sanctions and an attempt to set one in place after charges are laid.. to the findings and sanctions, ignoring mitigating reasonability to indicate openess to possible compensation claims before an appeal is heard, the immediate deduction of points while still in process..

Jesus wept, this whole thing is a stitch up. Irrespective of its rule book, the approach and application to resolving it has been and continues to be vindictive. It's like a God damned vendetta. Right down to the attempted global stifling of match day protests, interviews and even commentators.
This is corruption. There is no other reasonable argument for such treatment.
However this attempt at the destruction of our club plays out, and make no mistake, this is a clear and present danger to our existence, the days of meek acquiescence are finished. They picked the wrong club, the wrong fans, the wrong team.
The threat of further sanctions is very real, it would not surprise me one little bit if we sold Godfrey, Keane, and possibly Onana in the January window to ensure compliance with this sanction period. Such is the reality, such is the threat.
Finally off subject, where is the support from the other club in Liverpool? Conspicuous by their absence? Strangely quiet fot a vocal advocate for injustices?
People laughingly think this is all a conspiracy. Believable conspiracies have been built on much, much less evidence. For that's what it is, evidence.
We have to perform on the pitch and off it, to fend off this attack on our existence and bring pressure to bear to end the corruption of power used to destroy us.
This vindictive vendetta must end.

No other club has been treated this way, and in my opinion, never will. They have already kicked the Man City can down the road for another few years, giving time for the shifting of Everton to be complete, remembered only by its fans, considered inconsequential and irrelevant anyway.

Brian Williams
10 Posted 01/12/2023 at 19:24:20
6 points is my guess, based on the fact that we're guilty, unless!
If, and it's a big if, we've managed to put together a case that can prove consideration wasn't given where it should have been, and had it been then we wouldn't have broken P&S rules, then all the points deduction could be scrubbed.
That's my dream, but not many of.my dreams have come true.
Paul Birmingham
11 Posted 01/12/2023 at 20:35:43
Praying for a positive out of this appeal for Everton.

There can no scope for the EPL, to trump up any more conditional charges.

The EPL should also be open to be fined for slander and character deformation and brand damage to Everton.

I see big positives down the line, if Everton, get a good result frombthe appeal but it's all ifs and buts, for now.

The bullying and qwest to put Everton down, by the EPL, must stop, regardless.

Everton, inspired and on fire tomorrow to do Forest.

UTFTs!

Brian Wilkinson
12 Posted 01/12/2023 at 20:43:37
When all the dust has settled, Netflix have an absolute blockbuster series to make about Everton football club, from the Niasse scandal, to losing his locker, to the relegation scraps and triumphs, to the board rumblings, the Rodri handball, the countless var decisions, right up to being kicked in the never regions with points deductions.

Will blow Sunderlands one out of the water.

Anyway back to the matter in hand, ever since we kicked up a fuss about the breakaway six, they have been after us, even more so when we got an apology for the Rodri handball, followed by 3 games on the trot, where we had a player Red carded we went months not getting a penalty.

Then two seasons on the trot they gave us nothing we escaped twice, we overcame var and refs ridiculous decisions against us and survived, so now they deduct points which may get reduced, but one thing is for certain, they want Everton out of the way and will do everything they can to try and succeed at the third attempt.

Steve Cotton
13 Posted 01/12/2023 at 20:52:13
Can we change sponsor mid-season to 'Fight Corruption' and let's see them not show the shirts. If we score, all point at the sponsor's name...
Andy Wheeler
14 Posted 01/12/2023 at 21:49:28
I honestly think that all this has to do with is the way we have bent the rules over the years. I think we have pissed the Premier League off with actions like the sponsoring Finch Farm by USM for £30 million or whatever it was.

I think the shortfall we are being done for would have been USM naming rights for the stadium… which when the war happened we couldn't get. Just my opinion, but I think we are being very severely punished for not doing a lot wrong compared to others.

It stinks of corruption and I hope we only get a 3-point or 5-point suspension at the appeal.

Danny Baily
15 Posted 01/12/2023 at 23:04:43
I see the league have finally set a date for the Man City hearing. Looking like spring 2025 before we hear the outcome.
Mike Dodd
16 Posted 01/12/2023 at 23:27:00
It will be reduced to about 6 points and, in the media, all the noise will go away. The fact the Slimy 6 got a £22M fine between them for far worse will never be discussed, the media will then deem it to be fair.

Afterwards the rules will change and only Everton will ever be penalised to this extent, the Premier League will have made their point.

Jerome Shields
17 Posted 02/12/2023 at 19:41:39
The rule changes mid-stream are so blantly bare faced.
Dan Nulty
18 Posted 03/12/2023 at 08:26:23
I still cant see how a points deduction that threatens our ability to be sustainable in the future can be a punishment for breaking sustainability rules. It is an oxymoron.

I think we should go all the way to CAS even if they reduce it. They will reduce it heavily in the hope we accept it and move on I think to try and draw a line under it.

Danny Baily
19 Posted 03/12/2023 at 08:44:00
I think the deduction should be overturned entirely, and a more suitable sanction put in its place (such as a small fine).

However, as things stand I'd take a significant reduction in the severity of the penalty (6 points or more off) or a suspension of the deduction, assuming finances are now in order and a sanctions policy will shortly be in place.

Dan Nulty
20 Posted 03/12/2023 at 10:36:38
I guess it would depend on whether we know we will not fall foul of the rules once are accounts for 2022-23 are released shortly. Another loss predicted.
Peter Roberts
21 Posted 03/12/2023 at 19:00:24
I suspect that the Premier League decided to put a stop to betting companies sponsoring shirts after they found out about our deal wiyh Stake. I also suspect thatvthey are negotiating with UEFA for all of the Sly6 to get places in the Champions League.
Bob Parrington
22 Posted 04/12/2023 at 11:32:25
Not that you guys and gals at home in the UK would get a warm and fuzzy feeling from this from me, here in Adelaide South Australia but, friends and friends of friends in the "football" nouse world here, including supporters of Liverpool, Man City, Spurs, Man Utd, Leeds, Newcastle, Chelsea, Arsenal, Aston Villa have all said the 10-point penalty is a load of crap and should be removed. Most say – we could be next. The Premier League is corrupt.

So, we are not alone!! UTFT!!!!!

Dale Self
23 Posted 04/12/2023 at 13:56:36
I may have figured this out, time for crowd-sourcing on this serious matter!

Did the Premier League totally fuck-up our prosecution in order to hamstring themselves from taking meaningful and substantial action against the more favored clubs, Man City and Chelsea?

It is the only unifying concept I can fathom.

Eddie Dunn
24 Posted 04/12/2023 at 14:56:43
Dale, surely the PL are shitting themselves should the government take charge of regulating their cess-pit of a league.
We were an easy target, not one of their Sky darlings, badly run by a stooge of an oligarch.
We had an African gambling company on our shirts that had a bad press and we were portrayed by the likes of Sky and Talkshite as throwing money around like confetti(although, we all know that this was over a very short term).
If the bad is reduced, I fear that they will do everything to wack us on the subsequent books.
The fans all over the world know that Newcastle will be able to spend huge amounts buying players from other Saudi clubs, owned by their owners, that Chelsea signed players on 8 year deals to get round the rules on P&S, which has now been scrapped, and other teams are saddled with massive debts(United) by unscrupillous owners.
Then there are teams like Forest who signed 40 odd players. Not to mention Man City.
Our trouble is, that by the time we have ended this season, at best we will have lost 1.5 m for each league place lost. The PL have created turmoil which could still cost us our PL status at a time when we are changing owners.
They really have had no regard for the fans, the players or the staff whose livelihoods they are jeopardizing.

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