The Everton stuff is a mess, but Forest appear to be saying " Yes, we could have sold Johnson to stay under the threshold, but we chose not to so we could get more money"
sheffieldred ?
Thats exactly the argument Everton tried over selling Richarlison and got lambasted by the Independent panel for failing to sell assets during the relevant period. The relevant period is very clear to all clubs.
Florists argument that they were only in breach for a few months due the delayed sale of Johnson, ergo only a small penalty applies, should be blown out of the water if there is consistent application of the PSR. All 20 clubs voted for PSR yet when breaches occur its suddenly a poor system for those in breach.
As we have seen consistent application of rules and precedent is not high on the agenda of Independent panels who have proved in the past they are a law unto themselves. As for the suggestion there is a sliding scale for penalties well one doesn't exist for the EPL whereas one does for the EFL.
The biggest fly in the ointment of the Everton decision is that the panel did not set out the reasons as to how they arrived at a figure of 10 points. No precedent was quoted. The only precedent referred to were the previous indiscretions of Mr Chansiri and the S6 rabble quoting the principle of points deductions being the correct sanction for breach. Hence opening the door to appeal.
We now have the scenario before the end of the season if the timetable is adhered to of;
1. Everton appeal to original deduction of 10 points - no date currently set
2. 14 days thereafter decision announced
3. Hearing for Florist - no date confirmed
4. Hearing for Everton part 2 - no date confirmed
5. Hearings to be concluded by 5 April 2024
6. Decisions on 3 and 4 to be made no later than 12 April 2024
7. 7 days to Appeal thereafter
8. Appeals hearing(s)/ decisions to be concluded by 24 May 2024
5 potential hearings 3 of those appeals. 5 separate decisions all within a legal framework. In short a buggers muddle with the propensity for inconsistent application and further confusion and delay.
We could be faced with a situation on 19 May 2024, last day of season, where we stay up due to the points deductions applied on 12 April. Yet have to wait another week to know if we are going to be relegated due to a reduction in points on appeal. Which ultimately will lead to SUFC or any other Club in the same situation taking out legal action over the Summer.
As Florist and Everton have until the end of January to respond to these charges and in short will be already constructing their defence I can see no reason why the timetable cannot be compressed 1 month to enable all matters to be concluded well before the seasons end. Availability of counsel may be a constraint but there are ways and means around this.
In the best interests of fairness no club should be left in a situation where they do not know their fate after the season has ended. The current EPL timetable in effect imposes a VAR style delay to the whole process where we are required to remain at BDTBL for 5 days after the Spuds game to check if we can celebrate survival.