20 Nov 2023 15:23:49
I am not a lawyer, so this proposition may not be possible.
However, with all the talk of Everton facing legal action, I wonder if the club could challenge the premier league's whole approach by asking the courts for a judicial review?
If a quasi legal body makes a decision that transgresses 'lack of natural justice', a court can review such a ruling and the order be struck out? Like I said, I don't know if this is an option, but if we are being pushed around, we should consider all ways of pushing back.
20 Nov 2023 19:06:40
We had a chance to push back and stand our corner at the time, however our shareholders decided to stay away.
This gave the commission a free hand to dismiss all the mitigating reasons given without question.
This in my opinion is a disgrace and goes to show the arrogance of the shareholders who probably thought they’d just get a fine and a transfer ban.
Winging now is a little late, should have properly represented our club at the time.
Those shareholders have now gone, and this was a parting gift.
We will appeal, however on what grounds, that the punishment is too harsh, says who, this may be the punishment going forward, we are just the first in the kicking line.
If an appeal is sort, it has to be completed in a month or two as the premier league will be a complete mystery to all teams fighting at the bottom.
Can you imagine with 3 weeks of the season to go and we gain an extra 4 points, wouldn’t be too fair on the others, or ourselves.
Best we just get ourselves out of trouble fast so it becomes a non issue.
COYB.
20 Nov 2023 21:32:00
When you say Shareholders you mean the owner right? As the board that got us into this mess don't actually work for the club anymore and therefore didn't provide any defense of their actions in getting us in this mess in the first place.
{Ed002's Note - I am not sure why all of this nonsense is being posted. Nobody seems to understand.}
20 Nov 2023 22:03:06
Ed002 we/ most of us understand quite well. I respect you but you need to understand other points of view. The commission are applying sanctions as if they are legally binding. They are also punishing financial rule misdemeaners by applying sporting penalty. This will backfire on the Prem in no little way. Far greater legal minds than you or I have risen from slumber.
22 Nov 2023 00:42:21
It’s a debating site. People are just putting forward an opinion for discussion.
22 Nov 2023 18:59:59
So who appointed the independent commission and selected the members? Which organisation pays them.
{Ed002's Note - Tedious, but as I have previously explained, Commissions are independent of the Premier League and member clubs. The members of the Commission will be appointed by the independent Chair of the Premier League Judicial Panel (a barrister Murray Rosen). They are paid from the funds provided by the member organisation. You are clutching at straws and embarrassing yourself if you think there is any conspiracy against Everton.}}
24 Nov 2023 10:23:30
Didn't say there was a conspiracy but the points deduction does appear vindictive. I'm not embarrassed. Read what you replied. A Commission appointed by the 'Independent' Chair of the very league seeking a 12 point deduction. To be truly Independent the Commission should be appointed from and by someone outside of the Premier League, influence.
{Ed001's Note - you have read that wrong. The commission was not appointed by the Premier League.}
24 Nov 2023 10:49:31
Then I apologise for my rant.