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    I've read the judgement

    Posted by Brko's Bicycle on 18/3/2024, 17:59:45

    Saddo that I am. The commission rejected all of Forests arguments in mitigation re unique circumstances, timing of Brennan Johnson sale, competitive advantage etc. So anyone who still mentions those factors hasn't read the judgement.

    It sounds like the Appeal decision for Everton wasn't as transparent about how they came to the specific penalty for them, so the Forest commission was trying to base the punishment on that precedent while being somewhat in the dark about how Everton's 6 point punishment was precisely arrived at.

    It sounds like Forest Commission assumes the Everton penalty was :
    3 points for breaking the rules
    +3 points for trying to cover it up.


    So based on that, Forest decision has gone:
    3 points for breaking the rules
    +3 points for breaking the rules by loads, cheating more than Everton
    -2 for cooperating with the process and being transparent, rather than dragging their feet and covering tracks like Everton.


    They've shown their working quite well tbf. Forest should consider themselves lucky, getting two points back for cooperation feels very generous. https://www.premierleague.com/news/3936397

      Re: I've read the judgement

      Posted by Herve Baquet on 18/3/2024, 19:27:28, in reply to "I've read the judgement "

      Funny how we actually highlighted our financial mismanagement with agents to the FA and got absolutely no favourable mitigation for it.

        Re: I've read the judgement

        Posted by Sendero Luminoso on 18/3/2024, 18:34:45, in reply to "I've read the judgement "

        The facts are helpful BB, not sad at all.

          Re: I've read the judgement

          Posted by Sandgrounder on 18/3/2024, 18:33:36, in reply to "I've read the judgement "

          Yep, a 33% reduction in penalty just for cooperating (surely this should be expected?!) seems highly generous.

          Especially when it looks like they basically didn’t care that they were going to be in breach given they were so far over.

          They’ve taken a calculated gamble and arguably won.

            Re: I've read the judgement

            Posted by Godders on 18/3/2024, 18:44:11, in reply to "Re: I've read the judgement "

            Exactly. As Tony Murray said on 5live earlier, cooperation should be expected and if they don't add more points on!!!

            Re: I've read the judgement

            Posted by Swansea Hatter on 18/3/2024, 18:26:44, in reply to "I've read the judgement "

            It seems to me that the rules have been poorly written and now badly enforced. I’m not sure cooperation should be considered as mitigation, whereas not cooperating should result in further penalties.

            I’ve just been chatting with a colleague about the decision - he’s a Man Utd fan from Yeovil, so his opinion is worthless!! However, in the process of the conversation I have come up with a simple equation to work out these punishments:

            (overspend amount divided by allowable losses threshold) multiplied by number of points achieved at the end of the season (rounded down to nearest point). Simple.

              Re: I've read the judgement

              Posted by Sandgrounder on 18/3/2024, 18:35:56, in reply to "Re: I've read the judgement "

              “whereas not cooperating should result in further penalties.”

              Exactly this. Though I suppose there is precedent in law for a guilty plea reducing your sentence

                Re: I've read the judgement

                Posted by Triggered on 18/3/2024, 18:47:12, in reply to "Re: I've read the judgement "

                But Forest came up with a list of 'mitigating circumstances' so they didn't admit any guilt; just pushed their luck and largely got away with it.

                  Re: I've read the judgement

                  Posted by Sandgrounder on 18/3/2024, 18:53:29, in reply to "Re: I've read the judgement "

                  At least the commission concluded that all the mitigation reasons their expensive lawyers had cooked up were bollocks. Which gives me a tiny grain of satisfaction

                    Re: I've read the judgement

                    Posted by Triggered on 18/3/2024, 19:11:20, in reply to "Re: I've read the judgement "

                    True, although there's no deduction for the time wasted in deciding that. Not impressed by the commission. Luke Berry and Elijah have been more effective in applying justice against Forest this season with the 6 points difference (between us and them) that their late goals secured.

                  Re: I've read the judgement

                  Posted by HuN on 18/3/2024, 18:40:15, in reply to "Re: I've read the judgement "

                  . . Unless you report the discrepancy to the authorities before they find it themselves

                  Re: I've read the judgement

                  Posted by Back to the Futcher on 18/3/2024, 18:29:50, in reply to "Re: I've read the judgement "

                  Or even simpler, you broke the rules, 10 point deduction, end of story.

                    Re: I've read the judgement

                    Posted by Brko's Bicycle on 18/3/2024, 18:34:18, in reply to "Re: I've read the judgement "

                    Judgement touches on that too. Because Portsmouth got -10 for going into administration several years ago, deductions for these rule breaches need to be less severe than that because these offences are less serious than insolvency.

                      Re: I've read the judgement

                      Posted by The Outsider on 18/3/2024, 19:01:54, in reply to "Re: I've read the judgement "

                      Wasn't it nine for Portsmouth - either way, that needs to be increased to a more realistic figure which would also give more scope in PSR cases.

                        Re: I've read the judgement

                        Posted by Help on 18/3/2024, 19:07:05, in reply to "Re: I've read the judgement "


                        Going into administration should just mean relegation. No ifs and buts.

                        Re: I've read the judgement

                        Posted by Music Critic on 18/3/2024, 18:40:50, in reply to "Re: I've read the judgement "

                        ,,,deductions for these rule breaches need to be less severe than that because these offences are less serious than insolvency.

                        Which is an utterly bizarre take on things.

                        Yes, admin can be seen as cheating as you get a lot of your debts wiped out. But that is not as flagrant as what Forest and Everton (especially Forest) have done

                          Re: I've read the judgement

                          Posted by Sandgrounder on 18/3/2024, 18:38:22, in reply to "Re: I've read the judgement "

                          Conclusion: paying agents from wrong bank account because you’re scared of the manager (and then reporting it yourself and cooperating, with everyone from previous regime having left the club) > administration

                            Re: I've read the judgement

                            Posted by HuN on 18/3/2024, 18:41:52, in reply to "Re: I've read the judgement "

                            Damn, you posted while I was typing (see above)

                      Re: I've read the judgement

                      Posted by Madpig on 18/3/2024, 18:16:02, in reply to "I've read the judgement "

                      From what I read their lawyers are saying ' grab it with both hands and shut up'
                      If that's anywhere near correct I'd say it's good advice.

                        Re: I've read the judgement

                        Posted by Toddingtonsteve on 18/3/2024, 18:26:14, in reply to "Re: I've read the judgement "

                        I’m sure it is. Teams who have complied like Newcastle will be absolutely fuming, and will be letting the PL know their thoughts I’m sure

                          Re: I've read the judgement

                          Posted by Sendero Luminoso on 18/3/2024, 18:33:12, in reply to "Re: I've read the judgement "

                          It will be interesting if Everton make any statement on todays decision or indeed make a representation to the Premier League.

                          Rock and a hard place seems to cover it and they might be best to sit on their hands, for now.

                        Re: I've read the judgement

                        Posted by Highland Hatter on 18/3/2024, 18:01:51, in reply to "I've read the judgement "

                        Thx.

                        So based on that what do you think Everton will get for the second hearing?

                        Another 4 points? Assuming they play ball.

                          Re: I've read the judgement

                          Posted by Godders on 18/3/2024, 18:13:43, in reply to "Re: I've read the judgement "

                          They will get a suspended points deduction for 12 months with a transfer embargo for 6 months.

                            Re: I've read the judgement

                            Posted by Brko's Bicycle on 18/3/2024, 18:03:24, in reply to "Re: I've read the judgement "

                            Not a clue, I don't really know what the charges are. Presumably they will cooperate more than they did the first time around. But it might be a more serious offence compared to the last one (I don't know if it is or not, haven't read anything about that).

                              Re: I've read the judgement

                              Posted by Brko's Bicycle on 18/3/2024, 18:05:12, in reply to "Re: I've read the judgement "

                              I suppose based on the above, just a one point penalty could be a possibility if it was a relatively small breach in terms of £.

                              3 for the offence
                              -2 for cooperation

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