August 27, 2024
Full article“Hefty hammer could fall on Manchester City” says sports law expert ahead of hearing for 115 charges
There could be huge ramifications for not only Manchester City but the Premier League and other clubs, if The Citizens are found guilty on some or all of the charges they face, according to a sports law expert and ex-player.
A hearing for the 115 charges that have been levied against Manchester City is expected to begin soon. These include breaching the Premier League’s profit and sustainability rules (PSR), failing to provide accurate details about player and manager payments, and failure to cooperate with investigations into the club’s activities.
While the exact dates of the hearing have been kept confidential, it is expected to begin later this month with a result announced early next year.
David Winnie, head of sports at full-service law firm Gilson Gray and a former professional footballer for Aberdeen, St Mirren, and Dundee among other teams, said: “There could be huge ramifications if Manchester City are found guilty of all, or even some, of the charges levied against them. The Premier League Commission is independent, which means its hands are not tied in any way in how it could sanction City – whether that is a fine, points deduction, expulsion from the league, or a combination of all three.”
Why has the case taken so long?
The charges against Manchester City were originally brought against the club in February 2023 – some of which date back as far as 2009. Explaining why it has taken more than 18 months for the case to get to this point, David Winnie said: “Many people are asking, why it has taken so long for the case to get here while others have been heard and the clubs sanctioned. There are two main reasons for that.
“One is that, quite simply, there are 115 charges levied against City and they took place across a long timeframe. It’s a whole host of charges – more than 50 relate to the lack of financial information the club has provided or the inaccuracy of what they did share. These are complex matters that require a lot of detail, which takes time to research and put together – no stone can be left unturned.
“The other point is that the other clubs didn’t deny they breached PSR, which makes things a lot more straightforward – it was just a question of the level of sanction. Manchester City, on the other hand, deny everything.
“While it may have taken a long time to get to this point, the independent commission is unlikely to hang about once the hearing begins. There will be dates in the diary to bring the process to a conclusion next year.”
What do the Everton and Nottingham Forest cases tell us?
Last season, both Everton and Nottingham Forest were deducted points for breaches of financial rules. The decision to dock Nottingham Forest points after their admitted breach was upheld by an independent appeal board, while The Toffees were deducted points on two occasions – one of which was reduced from ten to six on appeal.
David Winnie said: “The sheer volume of charges against Manchester City makes it an unprecedented case, but the experiences of Everton and Nottingham Forest are instructive to a degree. They demonstrated the severity of the punishment that can be given to clubs deemed to be in breach of Premier League rules.
“However, there are some important differences in this case – not least the fact that there were only one or two accusations against those clubs, which they admitted to. Where does that leave City with 115 different charges, all of which they deny? It suggests that the punishment, if they are found guilty, will likely be even harsher.
“The real stinger could be the club’s failure to comply with the Premier League in its investigation. That charge basically alleges that City have tried to put obstacles in the way of the Premier League and not acted in good faith. If a hammer does fall on them, it will probably be a hefty one.”
What could it mean for other clubs?
There are also questions over what the outcome of the case could mean for the Premier League’s other clubs. Not only those who are facing similar charges – particularly related to PSR breaches – but also the teams that were competing with Manchester City for the title in the years that the club was allegedly breaking league rules.
David Winnie said: “There are all sorts of potential knock-on effects for other clubs from whatever the ruling turns out to be. If City are found guilty, it’s not beyond the realms of possibility that the like of Arsenal and Liverpool – who have been their main rivals – could pursue them, or the Premier League itself, for lost revenue.
“The potential consequences are wide and varied. But what’s certain is that every Premier League club will be seriously looking at the judgement to see who did and did not do what, and will then look at what action, if any, they could reasonably raise.
“In terms of the league and playing matches, any sanction would likely be delayed by an appeal. This would go to the Premier League Appeals Committee, which would want the case to be heard very quickly. It’s bad enough that any Premier League team is in this position, but the fact that it’s the club that have been champions during six of the last seven seasons causes a lot of uncertainty – the governing body does not want that.
“A sanction might be deferred by six months, a year, or permanently on the condition that the club commits no more breaches – or it could be enforced straight away. Nothing is off the table, but the governing body will no doubt want to minimise possible disruption to other clubs and the functioning of the league.”
What will the verdict be?
David Winnie concluded: “It’s by no means a foregone conclusion that Manchester City will be found guilty, even though many people already have them condemned. The club has considerable means and will put up a serious defence.
“Some will point to the fact that City managed to overturn the UEFA ban with an appeal to the Court of Arbitration for Sport (CAS), which succeeded. However, a number of allegations were dismissed because CAS ruled they were time-barred.
“In this instance, if City lose these cases, they don’t have the option of appealing to CAS. If they do appeal, it would probably be heard by a Premier League Appeals Panel – essentially, a sporting court that all Premier League clubs have, in effect, signed up to be judged by and thereafter potentially sanctioned by an independent panel chosen by the governing body. While City could potentially take any appeal to the courts in England if they are found guilty, I suspect it would be referred back to the Premier League Appeal Panel.
“It’s all conjecture for now. But it would take a brave person to bet on the outcome. Whatever way the decision goes, one thing is certain: there will be big ramifications for Manchester City and the other clubs around them.”
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| David Winnie Partner, Head of Sport | ||||
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