I know there is this reference to the EFL constantly with insolvency being 10 pts and it being 9 in EPL but no one every points out that the EPL deduction is actually more severe due to them playing 38 games in the EPL against 46 in the EFL. If anything, the sanction in the EPL should be more not in line with the EFL.
Sanctions in the EPL should be higher than the EFL due to the significant revenue disparity imo. PSR was instigated to police financial mis management. The EPL board pleaded in Everton their draft sanctions should be applied. The EPL asked for -12 points. -10 for the offence (6 minimum plus 4 for the near £20m overspend) and a further 2 for non co-operation. The Independent Commission (IC) awarded a - 10 point deduction yet failed to provide reasons. That enabled the Appeals Panel(AP) to drive a coach and horses through the decision referencing EFL's rules which had a sanctions matrix written into them unlike the EPL.
30 EFL clubs have gone into administration since 2004 when points deductions were first implemented for insolvency. In 2009 the only EPL insolvency, Portsmouth, occurred. - 9 points were allocated by an IC based on the premise a lower figure for 38 games as opposed to the 46 in the EFL with the EFL sanction being set at -10 up to -12.
The current IC hearings are benchmarks for future cases as precedent is limited. Everton IC gave the AP a tap in. They rightly concluded insolvency was a more serious offence so the sanction could not be more than - 9. They alluded to precedent set in our neighbours case " points deductions for sporting advantages of this nature" and plucked out of thin air a reduction down to -6 points in line with that ruling. Again no methodology written into the decision.
The parties in Florist went full circle concentrating sanctions pleadings on the EFL matrix. The EPL proposed a formula with a starting point of -3 points(EFL matrix). This set Florist with -8 reduced down to -6 for cooperation. Florist IC disregarded the EPL's calculation and double discounted Florists cooperation resulting in a figure of -4.
Current case law has set the bar at -3 points minimum for a breach. It makes a mockery of PSR if Florist are able to reduce the penalty even further on appeal. Ignore the barrack room lawyers who are spouting rubbish that Florist have been told they will not receive an increase in points deducted if they appeal. That pre empts legal principle and will not be looked on favourably by any credible KC adjudicating as the AP chairman. A rigorous defence of PSR pleading Florists breach was more serious being £15m more than Everton must be a minimum requirement for EPL counsel. Reference to the original IC's error in double discounting, ergo the sanction should be increased to -6 not reduced below-4. Anything less and the whole process will need to be consigned to the dustbin.
The EPL if they incorporated their sanctions matrix into disciplinary rule 50 would provide clarity for future IC's. My recommendation increase insolvency to -15 to reflect the present day revenue flowing into the league. No EPL club should ever go to the wall. Sanctions matrix minimum breach at -6 increasing to a maximum of -12. That change is unlikely to happen .The members all 20 of them are feeling bruised at the moment. They never envisaged points deductions would be implemented and they are now looking to adopt an adapted UEFA model which favours the top 6 in terms of increased spending.
Whether the EPL have the appetite for propping up a failing PSR model will be reflected in their pleadings at the ensuing 2 hearings. Failure to pursue an increase in the Florist penalty on appeal will confirm they have conceded the current process is dead in the water.