Premier League cannot take action against the club for exceeding the relevant PSR threshold

[les-tah]

5 minutes ago, Clever Fox said:

 

Neither am I a lawyer, but I have had a similar experience with rules being found wanting when challenged.  And it my experience if any part of the rules are found wanting then the rules in block are found not enforceable in law.  Which is pretty much what has been found in our favor.

 

Now that doesn't mean the same rules can't be used again with the offending clauses changed, amended or added to by new clauses.  

 

Which,  I think is what the Premier league will do for next season.

Can any clause be changed without a majority premier league vote though?

[Mickyblueeyes]

10 minutes ago, Clever Fox said:

 

Neither am I a lawyer, but I have had a similar experience with rules being found wanting when challenged.  And it my experience if any part of the rules are found wanting then the rules in block are found not enforceable in law.  Which is pretty much what has been found in our favor.

 

Now that doesn't mean the same rules can't be used again with the offending clauses changed, amended or added to by new clauses.  

 

Which,  I think is what the Premier league will do for next season.

I'm sorry this is incorrect. I dont know if its being explained correctly but its not how law works. 

 

With regards to regulation and legislation and in particular, primary legislation, we didnt win here because the law (overall) was uneforceable. That isnt the case. We won here because case law has now determined that the law (which stands valid and enforceable) cannot be applied due jurisdiction limitations. There is no such thing as perfect legislation and/or regulation. It is why case law forms such a significant part of our legal system. If the courts were striking out legislation/regulation due to interpretation rulings, we'd have no laws left. And seperation of powers would no longer be a thing. 

 

In contractual/commercial law, there is a long standing principle referred to as the "blue pencil test" its from old case law which I cannot remember when it occured, that rule simply states that where part of a contractual relationship is unenforceable, it does not a: void the contract if the parties choose to proceed; and b: (more importantly) that where a term/clause is unenforceable, the remaining parts of the contract remain valid.

Edited 4 September by Mickyblueeyes

[FoxTimmy2]

17 hours ago, VLC86 said:

We got relegated on purpose. All hail Danny Ward.

This is actually not far from the truth—a Rodgers masterclass in sticking with a donkey of a keeper, which forced us into relegation but also saved us from a 10-point deduction in the process.

 

[urban.spaceman]

 

Enjoy.

 

[shen]

36 minutes ago, Red Squirrel said:

Do you go and report every incident of going above the speed limit to the Police...

The point is we knew what we were about to do, the intent was nefarious. Even if the cause or motivation may have been principally righteous, it's still a blot on our book.

We were one of the clubs agreeing on the PSR, remember.

 

28 minutes ago, Harboro said:

IMO the offending party shouldn’t be blamed for the rules being poorly written, unless they played a part in writing them.

It's like gamers finding a weird bug in a game and abusing it. They (mostly) know full well it's a bug and should be fixed. In most cases they get reprimanded as well.

But to me it just highlights how $hitty all this off-field malarkey is. As Sly put it, it all comes down to a law exercise and finding the best people to manipulate this. 

 

If we didn't agree with the intent/spirit of the rules, then we should've done what we could to influence clubs/PL to rewrite it meaningfully.

 

22 minutes ago, Foxdiamond said:

It is the letter of the law that counts though. 

Yeah, that's what counts regarding a PL punishment. It still stinks from a moral perspective and that does mean something to me as a fan.

[southfox66]

One of most satisfying aspect of this, is seeing it really piss off Simon Jordan on talkSport 🤣 😂 🤣 😆 🤣 😆 

[em9999]

47 minutes ago, Md9 said:

Probably letting us off so when they do finally get round to Man City getting away with it we will get blamed for it some how that’s why Man City can’t get punished 😂

Man city is a totally different case they have if proven commited almost criminal breaches .. can't compare the two ... In my honest opinion I don't think man city stand a chance with escaping anything other than very serious problems 

Edited 4 September by em9999

[ClaphamFox]

Just now, southfox66 said:

One of most satisfying aspect of this, is seeing it really piss off Simon Jordan on talkSport 🤣 😂 🤣 😆 🤣 😆 

Hearing him repeatedly claim that he's not personally bothered we 'gamed the rules' because he has 'no emotional involvement in Leicester' while simultaneously having an extended emotional breakdown about it was very entertaining.  

[katieakita]

Fantastic news, you cannot be Judge, Jury and victim unless of course you are the Post Office and LCFC have most certainly been punished more than Forest or Everton. If we had stayed up in would have been very different but relegation has cost millions. We have been asset stripped of players clearly capable of challenging for Europe, players have been sold on the cheap and contracts not renewed. We had to try to cut our cloth accordingly to meet rules that ultimately were not fit for purpose. Both the EPL and EFL found us guilty before a judgement had been made. Indeed you can argue the Premier league have been vindictive which has cost us this season. The premier league would have been very well aware of our defence and unless they were actually using Post Office lawyers would have known their argument was flawed and baseless. In basic terms you cannot be punished for breaking a clubs rules if you are not part of the club. At least this gives the club a massive boost and should help the seige mentality we need to stay up

[em9999]

No team that's had to suffer relegation should have ffp thrown at them .. getting relegated was punishment enough 

[Unabomber]

I’m surprised at Simon Jordan having a go at us about this. I thought he would be more having ago at the premier league and their ineptitude. 

[VLC86]

14 minutes ago, FoxTimmy2 said:

This is actually not far from the truth—a Rodgers masterclass in sticking with a donkey of a keeper, which forced us into relegation but also saved us from a 10-point deduction in the process.

 

Tbf, we would still be significantly better off with a 10 point deduction and having been a Prem club last year.

[urban fox]

So the PL were so cocksure that they ruled the entire football pyramid that they assumed they could do what they liked and the rest of the leagues would just follow whatever they wanted. We proved that their jurisdiction only applied to their competition and that they do not rule the entire football system.

They bleat on about us dodging a bullet because we pointed out the inadequacies and lack of joined up thinking in their rules and we have still breached the spirit of the rules.

Unfortunately for them, the law is decided on what is written and if that is not what is meant, then that is their fault for not ensuring that the actual words match the intent.

They have brought this on themselves with their own arrogance. We just highlighted it

[ClaphamFox]

1 minute ago, Unabomber said:

I’m surprised at Simon Jordan having a go at us about this. I thought he would be more having ago at the premier league and their ineptitude. 

That's what I expected, but he really did have some sand in his vagina about us 'getting away with it'...

[em9999]

Does anyone take his opinion seriously he's all over the place with what he says .. plus he's on the same talkshite that thought mark goldbridge knew anything about football 

[Tommy G]

2 minutes ago, em9999 said:

Does anyone take his opinion seriously he's all over the place with what he says .. plus he's on the same talkshite that thought mark goldbridge knew anything about football 

Some of his points are valid - some not so much, but you can apply that to any journo or ''football correspondant''.

 

He tries to word salad everything to make himself sound more intelligent, and that will probably wind up the more simple of listeners. He was pretty successful and bought a football club at 33 - and once loaded which again will get peoples back up. 

 

Overall he isn't the worst on the radio or our screens. 

[Leicester_Loyal]

2 hours ago, Md9 said:

Shame we couldn’t have had this news last week before the window shut might have helped get a few players in that were not keen knowing if we would be getting a points deduction or not. 

Been done deliberately.

[Chelmofox]

47 minutes ago, James_lcfc said:

Sounds positive.

 

But I guess we also spent quite a bit on Winks, Coady, Mavididi, Mads etc...

The fees can be amortised over the contract length. Money recieved will go straight into the account period the deal took place.

[Quorndon_Fox]

27 minutes ago, urban.spaceman said:

 

Enjoy.

 

Don't know about the rest of you but I might subscribe

[Sunbury Fox]

The Guardian now reporting that we could face a new PSR charge from the PL,  with the club being asked to submit 23-24 accounts to the PL by the end of December under a new rule introduced in the summer. I don’t really understand how big an issue this, not least because for most of the 23-24 FY we were in the Championship.

[Flappit]

1 hour ago, Clever Fox said:

Sorry to disagree. ours is a totally different argument to theres, We've proved the rules are not fit for purpose. In law you can't choose the rules you like and ignore the ones you don't 

They all stand or they all fail. Which in our case we proved they were faulty.

That's not how it works, sorry. 

[st albans fox]

18 minutes ago, Unabomber said:

I’m surprised at Simon Jordan having a go at us about this. I thought he would be more having ago at the premier league and their ineptitude. 

He said that the PL part didn’t bother him as much as us refusing to comply with efl regs last season. 
 

he thinks that we avoided being forced to sell players last January and therefore were able to win the league by keeping some players.  That just ignores the facts 

we bought no one in jan 

we wouldn’t have sold anyone - we would have taken a transfer ban (which we got in April anyway) 

 

so had we complied with efl regs (even though tech we didn’t have to so we did nothing wrong), nothing would have been different 

 

ignorance as per usual from those who are supposed to know 

 

 

[Winchesterfox]

Dear Premier League

 

If you want to have a joined up system to regulate football, don’t form your own breakaway league for greedy, selfish reasons and act all surprised and disappointed when things don’t work out the way you wanted.  

[Quorndon_Fox]

Relieved we won't get a points deduction, do I think we'll stay up?... not sure but chances are better, do I agree with FFP absolutely not.

 

However, we've dodged a bullet and Whelan and Rudkin need to answer for how they ran us into this position in the first place. Just because we found a loop hole doesn't mean they haven't acted recklessly. 

[st albans fox]

3 minutes ago, Sunbury Fox said:

The Guardian now reporting that we could face a new PSR charge from the PL,  with the club being asked to submit 23-24 accounts to the PL by the end of December under a new rule introduced in the summer. I don’t really understand how big an issue this, not least because for most of the 23-24 FY we were in the Championship.

That’s just the rules as they exist and have done for the last year. These enable the fast track deductions to be imposed in the season following a breach. Hence forest’s deduction last season.  
not just Simon Jordan who is ignorant - add the Guardian 

Edited 4 September by st albans fox