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The Administration Thread


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3 minutes ago, DCFC1388 said:

Im pretty sure we still have to have an imposed business plan under new ownership but its for 1 season

That's correct as the consequence of going into administration I think.

 

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5 minutes ago, kevinhectoring said:

their fans are definitely larger, particularly their bases, but we have a larger fan base 

I dunno about that, if both teams are at the top of this league you'd be looking at 6,000 swing their way.  I do remember going up their when they were second in the Billy Davies season though and they had to beat us to go top.  The entire top tier was closed , so that suggests they got a bit carried away on the size of crowd they could regularly get in .  

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1 hour ago, PistoldPete said:

No, Kevin. Derby agreed that in theory, in principle if a Club broke a rule another club could go after them. But only I believe if it was specific club to club duty that was broken. And there are very few such rules in the EFL's set of rules. 

What Derby and Boro have now agreed is that Boro will not go after Derby. And no other club in 30 years of the EFL has ever sued another as far as I know. And long may that continue.

 

hey PdP, despite your somewhat negative salutation this made me very happy because I think we're in  agreement ! Can we settle on this:?

- the rules give rise to a contract to which all clubs are party (we and Boro agreed this in 2020, it's clearly the accepted view)

- so if a club breaches the rules, then 'in principle' (as you put it), other clubs that suffer loss can sue for damages for breach of contract

- but the rules about recovering damages are involved, eg, parties can only recover damages if damages were foreseeable, and if the duty to mitigate is discharged)  

- and in the case of a complex multilateral contract there are quite possibly issues of construction and implied terms that limit the ability to claim at all (eg, as I-ram suggested with his characteristic perspicacity: "if you've already been put to the sword by the EFL disputes process, how would it make sense also for other clubs to have a right also to sue for damages?).

The defence I would love de Marco to have advanced is" MFC didn't discharge their duty to mitigate because they just kept losing football matches    

haha

 

 

 

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On 12/02/2022 at 14:48, FindernRam said:

If the "Accord" involved money and it is confidential, how will Boro hide that in (next?) years accounts; and will it count to FFP?

It’s between Gibson and Mel so maybe it isn’t going through their accounts or maybe through the Group accounts that also include the other two companies 

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10 hours ago, Brailsford Ram said:

I'm not sure we can claim that we have been treated  more harshly than Reading. I think the option they chose was available to Derby but we chose the nine points option.

Reading chose to go down a different route to Derby in the agreements they arrived at with the EFL. Reading agreed to being subjected to a business plan which extends to the end of the 2022-23 season. If they breach that plan they will be subjected to a further six points penalty, which means in effect that their penalty was 12 points but with six suspended. I seem to recall that in reaching our own agreement, DCFC declined the option of a two year plan, which I think was sensible in our position because it could restrict the plans of our new owners who will hopefully be in place for next season.

Our focus on Reading should be on the football field because I think we are all agreed that if we can pull clear of them then we have every chance of making the great escape. We have a manager who has shocked the football world with the outstanding motivational skills he has displayed this season. I have been warmed by what I have seen of the Reading and Hull managers in recent weeks because they seem hopelessly lacking the ability to motivate a team in a relegation dog fight, in my opinion.

While Reading and Peterborough are obviously teams we need to be looking to overtake I have not given up on bridging the gap to Hull. I don't think I would saying that if Grant McCann was still in charge there but when I watched the Sky recording of Avelardze's post match interview my eyes lit up because he was so defeatist. The Hull fans are very vocal about his tactical deficiencies. He could be a massive Achilles heel for Hull,

I think part of Q's issue with the EFL is not only that their objection to the proposed exit plan may be contrary to insolvency law, but also that the exit proposal had been known to the EFL for some time.. yet they waited until xmas eve to object to it. And even then didn't really explain their objection to it properly until early February.

 

 Q's agreement to the 21 point deduction was all based on the assumption that this would provide certainty and help us  emerge from admin quickly.. and yet EFL's continued pissing about only served to delay things and bring added uncertainty. SO maybe the agreement to the points deduction was gained under false pretences.

Whatever Q's beef with the EFL is exactly it is very real that's for sure. 

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10 hours ago, Brailsford Ram said:

I'm not sure we can claim that we have been treated  more harshly than Reading. I think the option they chose was available to Derby but we chose the nine points option.

Reading chose to go down a different route to Derby in the agreements they arrived at with the EFL. Reading agreed to being subjected to a business plan which extends to the end of the 2022-23 season. If they breach that plan they will be subjected to a further six points penalty, which means in effect that their penalty was 12 points but with six suspended. I seem to recall that in reaching our own agreement, DCFC declined the option of a two year plan, which I think was sensible in our position because it could restrict the plans of our new owners who will hopefully be in place for next season.

Our focus on Reading should be on the football field because I think we are all agreed that if we can pull clear of them then we have every chance of making the great escape. We have a manager who has shocked the football world with the outstanding motivational skills he has displayed this season. I have been warmed by what I have seen of the Reading and Hull managers in recent weeks because they seem hopelessly lacking the ability to motivate a team in a relegation dog fight, in my opinion.

While Reading and Peterborough are obviously teams we need to be looking to overtake I have not given up on bridging the gap to Hull. I don't think I would saying that if Grant McCann was still in charge there but when I watched the Sky recording of Avelardze's post match interview my eyes lit up because he was so defeatist. The Hull fans are very vocal about his tactical deficiencies. He could be a massive Achilles heel for Hull,

Didn’t the EFL look at our accounts on a 3 year rolling basis, so we incurred a penalty on 3 of the 4 years. Readings penalty was for one 4 year block so a total of 12 points available where as Derby in theory could have received 4 x 12 points so 48 points.  Would it have made a difference if Reading had the same, so the chance of incurring 4x12 point penalties.

also I might be wrong but dosnt things reset when when you have been penalised so for the next two years you are not over FFP. Due to our cost cutting we should be ok, but I would doubt Reading would be?

or do I have that wrong?

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14 minutes ago, kevinhectoring said:

hey PdP, despite your somewhat negative salutation this made me very happy because I think we're in  agreement ! Can we settle on this:?

- the rules give rise to a contract to which all clubs are party (we and Boro agreed this in 2020, it's clearly the accepted view)

- so if a club breaches the rules, then 'in principle' (as you put it), other clubs that suffer loss can sue for damages for breach of contract

- but the rules about recovering damages are involved, eg, parties can only recover damages if damages were foreseeable, and if the duty to mitigate is discharged)  

- and in the case of a complex multilateral contract there are quite possibly issues of construction and implied terms that limit the ability to claim at all (eg, as I-ram suggested with his characteristic perspicacity: "if you've already been put to the sword by the EFL disputes process, how would it make sense also for other clubs to have a right also to sue for damages?).

The defence I would love de Marco to have advanced is" MFC didn't discharge their duty to mitigate because they just kept losing football matches    

haha

 

 

 

Kevin, I am just saying Derby agreed in principle that a club can sue another club for a breach of a club to club duty, such as an agreement (rule 3.5 I believe) between clubs that one club should not unfairly disparage another. So of course derby would in principle be in agreement to that because arguably Boro unfairly disparaged Derby. And Derby would want to reserve their position on the possibility of Derby suing Boro.  

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11 hours ago, twelveincher said:

Think the EFL could be tempted to give us 3 points back to shut us up if this Sun article is truthful? I hope that’s our angle and we don’t stoop to the level of Boro or Wycombe 

No way would that happen, we have been vilified as worse than Attila the Hun. We are the big cheats, any one else has done nothing wrong. Everyone will go ape if we had an extra 3 points.

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On 11/02/2022 at 16:46, vonwright said:

Couhig's made some odd noises all the way through this (at some point coming close to suggesting he doesn't expect to actually win any money). But in some ways he a more difficult problem, if a smaller one. I think Gibson had a huge problem with Morris but I think he also understands the value of a club like Derby to the people who live there. Not sure Couhig does (might be doing him a disservice, they do have team sport if America after all...)

 

On 11/02/2022 at 16:48, Gee SCREAMER !! said:

Which seems to be owned by the biggest franchise moving at the drop of a hat unless its Baseball.  It's not the same.

Tonights winners case in point.  This fella needs hammering down straight of the plane .  He won't have any respect for our history, its not in the DNA of American sport.

The Los Angeles Rams are a professional American football team based in the Los Angeles metropolitan area. The Rams compete in the National Football League (NFL) as a member of the National Football Conference (NFC) West division. The Rams play their home games at SoFi Stadium in Inglewood, which they share with the Los Angeles Chargers.

The franchise began in 1936 as the Cleveland Rams, based in Cleveland, Ohio. The club was owned by Homer Marshman and featured players such as William "Bud" Cooper, Harry "The Horse" Mattos, Stan Pincura, and Mike Sebastian.[8] Damon "Buzz" Wetzel joined as general manager.[9] The franchise moved to Los Angeles in 1946 following the 1945 NFL Championship Game victory, making way for Paul Brown's Cleveland Browns of the All-America Football Conference and becoming the only NFL championship team to play the following season in another city. The club played their home games at the Los Angeles Memorial Coliseum before moving into a reconstructed Anaheim Stadium in Orange County, California, in 1980. The Rams appeared in Super Bowl XIV, following the 1979 NFL season (their first Super Bowl appearance in franchise history), where they lost to the Pittsburgh Steelers 31–19.

The Rams left southern California and moved to St. Louis, Missouri, following the 1994 NFL season, becoming the St. Louis Rams. Five seasons after moving, the team won Super Bowl XXXIV in a 23–16 victory over the Tennessee Titans. The club then played in Super Bowl XXXVI, where they lost 20–17 to the New England Patriots. The Rams played in St. Louis until the end of the 2015 NFL season, when they filed notice with the NFL of their intent to move back to Los Angeles. The club's request was approved at an owners' meeting in January 2016, and the Rams returned to the city for the 2016 NFL season. The Rams appeared in Super Bowl LIII, where they lost to the New England Patriots 13–3 in a rematch of Super Bowl XXXVI.[10][11] Three years later, the Rams lost Super Bowl LVI, against the Cincinnati Bengals.

The club has won three NFL championships, and is the only NFL franchise to win championships representing three cities (Cleveland in 1945, Los Angeles in 1951 and 2022, and St. Louis in 1999).

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