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Tribunal Update

Shipley Ram

By Shipley Ram
in Derby County Forum

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MACKWORTHRAM

MACKWORTHRAM

Posted
Posted
1 minute ago, Wolfie20 said:

Have they? The Disciplinary Panel basically found there was no case to answer and dismissed the charges. I think that now the EFL have launched an appeal, it goes forward to an Independant Panel for adjudication.  The make up of that panel will be extremely interesting.

It feels like all or nothing for the EFL, a last throw of the dice.

No I'm not saying they have changed their mind. I just mean how can they change their mind?

Does anyone know how long this will take? I can't be doing with it dragging on like last time.

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Derbados

Derbados

Posted
Posted

I can imagine the likes of Wycombe, who, having just been promoted were slapped with a £50k legal fee due to the EFL losing the first case. . .

I’m sure they’re absolutely thrilled the EFL are pursuing this again to potentially slap another £50k their way 

Welcome to the league boys. . . 

The EFL are an absolute disgrace

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Reggie Greenwood

Reggie Greenwood

Posted
Posted
1 minute ago, MACKWORTHRAM said:

No I'm not saying they have changed their mind. I just mean how can they change their mind?

Does anyone know how long this will take? I can't be doing with it dragging on like last time.

Don’t see how they can or that they will. 
so much in our favour it would be perverse if they did 

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RandomAccessMemory

RandomAccessMemory

Posted
Posted

https://www.efl.com/-more/governance/efl-rules--regulations/section-8---offences-inquiries-commissions-disputes-and-appeals/

Quote

94 Disciplinary Appeals

94.1 A party to a Disciplinary Commission may appeal against a final order of the Disciplinary Commission (a ‘Disciplinary Appeal’). A preliminary or procedural ruling by a Disciplinary Commission shall not be subject to a Disciplinary Appeal unless:

94.1.1 such ruling is dispositive (i.e. it amounts to a final resolution of the matter); or

94.1.2 such ruling, though not dispositive of itself, is subsequently incorporated into a final decision.

94.2  A Disciplinary Appeal shall be heard by the League Arbitration Panel in accordance with the provisions of Section 9 of these Regulations, supplemented by the provisions of this Regulation. In the event of any conflict between Section 9 and this Regulation, this Regulation shall prevail.

94.3  Any party wishing to bring a Disciplinary Appeal must, within 14 days of the making of the final order by the Disciplinary Commission (or such other shorter time period as ordered in accordance with the provisions of Regulation 92.5), serve on The League and any other party to the original proceedings:

94.3.1  written notice of the intention to bring a Disciplinary Appeal; and

94.3.2  a statement setting out the grounds of the Disciplinary Appeal.

94.4  Any party wishing to bring a Disciplinary Appeal shall also lodge with The League a deposit of £1,500 in respect of the costs of the Disciplinary Appeal.

94.5  Any party against whom penalties were imposed under Regulation 92 may apply, initially in writing, to the League Arbitration Tribunal for an order that such penalties be suspended pending the resolution of the Disciplinary Appeal. The League Arbitration Tribunal shall determine any such application having regard to the merits of the Disciplinary Appeal and the representations of the other parties.

94.6  No new evidence shall be admitted in respect of a Disciplinary Appeal unless the League Arbitration Panel determines that:

94.6.1  the evidence was not available at the time of the hearing before notwithstanding the exercise of reasonable diligence by the person seeking to introduce it;

94.6.2  the evidence is credible; and

94.6.3  the evidence is relevant.

94.7  Following a Disciplinary Appeal, the League Arbitration Tribunal shall have the power to:

94.7.1  confirm the decision; or

94.7.2  set aside the decision in whole or in part and substitute a new decision; or

94.7.3  order a rehearing before a differently constituted Disciplinary Commission.

 

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TomG

TomG

Posted
Posted
1 minute ago, Reggie Greenwood said:

Don’t see how they can or that they will. 
so much in our favour it would be perverse if they did 

You'd like to think that the EFL's legal team, such as it is, would advise them against taking this action.

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Wolfie20

Wolfie20

Posted
Posted
4 minutes ago, MACKWORTHRAM said:

No I'm not saying they have changed their mind. I just mean how can they change their mind?

Does anyone know how long this will take? I can't be doing with it dragging on like last time.

In practice it could be a different panel, although i would expect Mel to retain the services of our esteemed QC.

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Ramslaar

Ramslaar

Posted
Posted
8 minutes ago, SFD1968 said:

Of all the pig-headed brainless morons in the world, the EFL must be at the top of the pile.  

They get laughed out of the tribunal, their experts were incompetent,  they could have sought clarification from the club but didnt bother and obviously didnt like it when our alleged breaches of FRS102 turned out not to be breaches of FRS102, and now our wording of the amortisation policy which still abided by EFL rules is the only thing they can complain about.  As far as I understand, they cant present new evidence, so it seems more a case of "We (and Steve Gibson, though if anyone asks he's not involved) don't like your decision, so please please change it for us"

I hope that their appeal gets chucked out and then after this vexatious appeal, Mel goes after the EFL, Steve Gibson, Matt Hughes of the Daily Mai and anyone else who's dragged the club's (and Mel's) name and reputation through the mud.  If this brings about the end of the EFL, even better.

Well that's prob mel mind made up now...this is about to get very messy.if he and his team were ever thinking about going for damages I'd imagine this has now made up his mind. I hope he goes for them proper and Sue's the hell out of the EFL they are not fit to govern this league and if I was the other teams I would be looking to group together and rid the league of these incompetent men.

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Ramfambo

Ramfambo

Posted
Posted

Was just hoping we can get back to the bit on the pitch this season after all the various events over the last year. Another distraction off the pitch to deal with one way or another. Anyone remember when it was about the football rather than finger pointing constantly? 

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Curtains

Curtains

Posted
Posted
1 minute ago, Reggie Greenwood said:

Don’t see how they can or that they will. 
so much in our favour it would be perverse if they did 

But they did see a slight issue with the Amortization  policy in the fact that it wasn’t something to the effect worded / explained  properly allegedly 

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MikeS

MikeS

Posted
Posted
1 minute ago, Mckram said:

When does it end? What’s the point of an independent panel if it can be appealed? Can they appeal and appeal?

Also does the same panel hear the appeal?

I’m so fed up with the EFL. They just make being a football fan not enjoyable. 

This is now getting close to restraint of trade. What are they hoping to achieve at this difficult time with scant resources all round. Some minor saving grace for their pathetic actions in the first place. A decision by the EFL which clearly shows up their puny, meanspirited attitude. Bring on the legal action and bring on Premiership 2.

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GlastoEls

GlastoEls

Posted
Posted
1 minute ago, Curtains said:

But they did see a slight issue with the Amortization  policy in the fact that it wasn’t something to the effect worded / explained  properly allegedly 

To quote Page 121: https://www.dcfc.co.uk/media/get/EFL Derby County Decision Document.pdf

a)  Section 10 of FRS 102 requires an entity to disclose changes in accounting policy and changes in accounting estimates. That section sets out what such disclosure(s) must comprise/contain

b)  While the Club did purport to disclose the change in its approach to the amortisation of player registrations in the Notes to its Financial Statements for the years after the financial year ended 30 June 2015, the disclosures made were, as we have found, at the very least ambiguous and in reality incomplete and inaccurate; they did not reflect the realities or substance of what we have found to be the true nature and extent of the Club’s changed amortisation policy. The Club effectively accepted as much – Mr Delve accepted that, had he picked up the (accepted) ambiguity in the Notes, he would have required the Club to change the Notes to explicitly refer to the changes and the new approach. He thus accepted that the Notes in the financial statements for the years to which the Second Charge relates were inadequate

c)  Because of that, we find that the Club failed to comply with section 10 of FRS 102

d)  To that extent therefore the fifth Particular of Second Charge is made out.

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Rev

Rev

Posted
Posted
3 minutes ago, Ramslaar said:

Well that's prob mel mind made up now...this is about to get very messy.if he and his team were ever thinking about going for damages I'd imagine this has now made up his mind. I hope he goes for them proper and Sue's the hell out of the EFL they are not fit to govern this league and if I was the other teams I would be looking to group together and rid the league of these incompetent men.

I'm not totally sure, but I think I've read somewhere in the leagues regulation's that a condition of membership is you won't take legal action against the governing body.

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R@M

R@M

Posted
Posted
4 minutes ago, TomG said:

You'd like to think that the EFL's legal team, such as it is, would advise them against taking this action.

EFL “legal team, do you think we should pursue this, we will of course pay you with money from the league’s clubs”

Lawyers “we definitely think you should carry on the action, will it take 6 months like before? Here’s our retainer bill.” 

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