Evertons appeal against their 10 point deduction was heard between 1-3 February. A decision to be made 14 days thereafter so expect an announcement some time around 17 February.
Thereafter dates for Florist and Evertons second offence have to be set and concluded by 5 April. Decisions on these to be no later than 12 April. 7 days to appeal thereafter and appeals/decisions to be concluded by 24 May, one week after the end of the season!
In summary we will know the outcome of Evertons first sanction shortly. That should be the end of the matter in line with EPL regulations but don't rule out a further appeal to the Court of Sports arbitration if Everton are not happy. There is no narrative available on the appeal pleadings over the 3 days so we do not know if the EPL have contested the appeal. If they have not it opens the door to a reduction of the original sanction of -10 points. Legal argument that the original decision failed to quantify on what basis the 10 points were calculated in the absence of a tariff table similar to the EFL process could also persuade the appeal body to downgrade the figure used. They would still have to provide reasons as to why they have come to that decision, preferably in written form.
What is clear is that pundits and media mouthpieces like Jordan have no legal grasp of the detail behind the sanctions applied. Any comment made as to the outcome is pure speculation and not worthy of consideration.
The process for applying further sanctions to Everton and Florist for the first time will take us beyond the end of the season. That may include additional new legal action by the relegated clubs dependant on the decisions affecting their EPL status.
Florists case was heard between 6-7 March, earlier than forecast. A decision is imminent and expected this coming week. 7 days to appeal has the possibility of Florists appeal outcome now being known before the end of the season
The allegations against Florist suggest a simple matter of overspend unlike Evertons first offence which included the complexities of apportioning new ground costs. For a promoted club like Florist the 3 year PSR period includes 2 years in the EFL which amounts to £13m for each year in the championship and 1 year at £35m. A total of £61m allowed over the 3 year period. Everton were allowed £105m (3 x 35m).
There is no information on the exact amount Florist have gone over the threshold. Evertons was set at £19.5 million by the original Independent Commission (IC) for which a sanction of 6 points deducted was ultimately applied.
Florist are trying to pursue an Everton argument that failed. Namely that if a player had been sold at a certain time during the relevant period they would not have breached PSR. In this instance the cut off date was June and said player Johnston was sold to Spurs in September. Everton were referring to Richarlison for which there were no bids at the time.
Brentford had bid £30m for Jonhston within the relevant period but it was rejected. He eventually went for £48m. We do not know if the £30m would have been sufficient to avoid sanctions. If it was that weakens pleadings on this point. If it wasn't it could be pleaded a price was being sought to remain within the £35m threshold. Its a mute point but unlikely to gain traction as the relevant period beginning and end dates are binding on all clubs.
Its been suggested Florist may plead they were in contact with the EPL during the relevant period and they were only in breach of PSR for 3 months. Thats like arguing can I change the tax year to end in June instead of April. It shouldn't matter whether you are in breach for 3 months or 3 years, rules are rules.
Nick De Marco KC who successfully got our neighbours points deduction reduced on appeal acts for Florist. He will use his knowledge of
Sheffield Wednesday v The Football League to ultimately plead the EFL points deduction matrix, referenced by Evertons Independent Appeals Commission, allows for deductions lower than 6 points. That will be his fall back position after he has made an attempt to suggest comparable with Everton's case this is a minor offence and a fine should apply. That is unlikely to succeed as the case he advocated on namely our friends in S6 set the precedent of points deductions being the appropriate form of sanction for sporting advantages of this nature.
The EPL will plead any first offence if found to be in breach of PSR should have a minimum of 6 points applied in line with Everton and their own matrix.
It is unwise to try to pre empt the outcome. That won't stop the so called media experts from printing a sea of diatribe this week. The IC in line with EPL rules applies legal principle based on the evidence available to them. It can not be assumed Florist will receive the same sanctions as Everton, each case is treated on its own merits. I do believe from the outside looking in the precedent has been set for points deductions and there is a possibility that the EFL matrix that applies deductions below 6 will be considered in any decision.
Knowing how the legal process works it is best to expect the unexpected when not in possession of the full facts.
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