I'm only just catching up with posts from yesterday, but where I believe the EFL are taking a pedantic and erroneous line is that they are effectively saying that these claims must be treated as debts owed to Football Creditors simply because the claimants are football clubs. This is patent nonsense, because they don't arise from any kind of transaction between DCFC and the Claimants. It's not what the Football Creditors rules were designed for. I imagine HMRC think this is bollo too.
Bear in mind that every £ these two chancers are paid is a £ that genuine unsecured Creditors won't see. The EFL should not be placing them above genuine creditors. It's disgraceful.
What the EFL are doing is within their own rules. Their rules state something along the lines that where two member Clubs are in dispute the arbitration and decision of award falls within the jurisdiction of a LAP.
I am no Lawyer, but there must be very strong legal argument that statute (Law of the Land) top trumps EFL rules, and no doubt Quantuma will be taking legal counsel to see if they can injunct the EFL who are (probably) preventing legal process under the Insolvency Act 1986. I would think a Court of Law would agree that it is not possible for the EFL to stymie a defined and documented statutory process because of league rules. Especially with £60m of confirmed creditors waiting for some payment because a curly haired w@nkstain in Middlesboro has a bit of a beef with our former owner.
The problem I think for Quantuma is costs; we haven’t got a pot to piss in. What we need now are a few wealthy supporters to gift ringfenced monies to DCFC to fight a legal action. It isn’t probably going to help us this transfer window, and we can probably discount being in the Championship next season, but injuncting the EFL to desist invoking petty rules should mean that the process of sale can continue, the Club survives, and existing creditors can recover some of the monies owed to them. Additionally, which will be a significant bonus, the process might see the EFL, and current Football Regulation generally, swept away and put in the hands of an independent regulator fit to oversee our once beautiful game.
