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Football Law
Apologies for a lack of engagement with fans and others asking questions on following the club’s statement released last week. I was on holiday (which I won’t apologise for!). 11 tweets of my thoughts, and I’ll respond when I can to any questions:
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Football Law Sep 14
Replying to @TheFootballLaw
1. statement shows that a decision has now been made under ODT. This appears to be a development from the announcement made last month that the consortium had withdrawn + that the PL had invited the consortium to arbitration before making a decision.
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Football Law Sep 14
Replying to @TheFootballLaw
2. PL has decided to reject the by the consortium. NUFC statement states that the decision was made ‘despite the club providing the Premier League with overwhelming evidence and legal opinions that PIF is independent and autonomous of the Saudi Arabian government’.
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Football Law Sep 14
Replying to @TheFootballLaw
3. Those that have read ’s articles on - or heard me talk way back when - will know that my opinion is that the PIF is a separate legal entity. From reading ’s statement, I’m pleased to see I’m not alone in this. 👉
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Football Law Sep 14
Replying to @TheFootballLaw
4. statement also states: ‘The club and its owners do not accept that Premier League chief executive Richard Masters and the Premier League have acted appropriately in relation to this matter and will be considering all relevant options available to them’.
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Football Law Sep 14
Replying to @TheFootballLaw
5. ‘All relevant options available to them’ will, in my opinion, primarily be making an appeal pursuant to the ODT, r. F.13. Any such appeal must be made within 21 days of the date of the PL’s decision (Rule F.14).
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Football Law Sep 14
Replying to @TheFootballLaw
6. There are limited grounds of appeal available pursuant to Rule F.15. IMO, the obvious ground based upon ’s statement is that ‘none of the Disqualifying Events set out in Rule F.1 apply’:
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Football Law Sep 14
Replying to @TheFootballLaw
7. If made, appeal will be heard by an appeal tribunal consisting of three members of PL’s Judicial Panel with a legally qualified member sitting as chair of the tribunal. The appeal will be heard ‘as soon as reasonably practicable’. Written reasons will be given for decision.
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Football Law Sep 14
Replying to @TheFootballLaw
8. Appeal tribunal has the following powers:
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Football Law Sep 14
Replying to @TheFootballLaw
9. Important to note that a decision of the appeal tribunal is ‘final and binding on the appellant person and Club’ (Rule F. 22).
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Football Law Sep 14
Replying to @TheFootballLaw
10. I say all this on the basis that MA stated he ‘would like to reassure [the fans] that he has been fully committed to ensuring this takeover process reached completion as he felt it was in the best interests of the club’, and presuming consortium still on board.
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Football Law Sep 14
Replying to @TheFootballLaw
11. If, alternatively, are considering a Rule X arbitration I’m unsure what remedy they would be seeking from the same. Could be that NUFC seek a declaration that PIF is independent and autonomous of the KSA government (Rule X.26.1). Unlikely a claim for damages etc.
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