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    Re: This appeal Archived Message

    Posted by Domi5 on November 28, 2023, 12:07 pm, in reply to "Re: This appeal"

    It's not sue us as such and it's not the PL giving permission.

    The rules in the PL handbook which provide that clubs cannot breach the P&S rules, also go on to state that there'll be independent tribunal appointed who'll determine whether there has been breach, the punishment for the breach and any damages claims as a result of breaches.

    Those rules were written years before the current proceedings so the right to claim damages for a breach of P&S has existed since P&S.

    Here Leicester, Burnley, Forest etc applied to the tribunal while it was ongoing and said in terms "well, if we're potentially entitled to damages we should be involved in the earlier bits too - so let us have all the documents (including Everton's accounts and filings to the PL) and let us make submissions at the hearing as to what the punishments should be"

    The tribunal decided "You are potentially entitled to damages but you're not getting the documents and you're not making submissions either as they're all between the PL and Everton. If we find Everton breached the rules then you can make written submissions about actual loss you've sustained and we'll consider them" - in fairness to the tribunal I think that was 100% the right decision based on the rules. Whether the clubs can prove actual loss for what is acknowledged to be a relatively nebulous 'sporting advantage' is another matter (and the Levins twitter linked in earlier posts explains it better than me!).

    All of the above is paraphrasing and I also use 'tribunal' in the wider sense of a body deciding something rather than it being a court of justice like say an Employment Tribunal.

    Edit: the link to Levins Twitter is in this post https://members.boardhost.com/everton-forum/msg/1700680588.html


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