Wigan fans View on the Appeal

Discussion in 'Bulletin Board' started by andytyke, Jul 24, 2020.

Page 18 of 33
  1. Donny Red

    Donny Red Well-Known Member

    Joined:
    Oct 3, 2016
    Messages:
    8,216
    Likes Received:
    7,042
    Trophy Points:
    113
    Gender:
    Male
    Occupation:
    Retired.
    Location:
    Ossett.
    Style:
    Barnsley (full width)
    I believe the EFL's stance on entering administration is confusing in that it allows
    for certain caveats like " an Act of God or a pandemic" to cloud any interpretation. It needs amending so that no one has any doubt going forward re- "put the Club into administration for whatever reason and you will incur an immediate 12 point deduction." You are asking for problems from smart legal representatives when you introduce any form of " wriggleroom."
     
    Donny Red, Jul 29, 2020
    #341
    Connor, Stephen Dawson and Farnham_Red like this.
  2. Farnham_Red

    Farnham_Red Administrator Staff Member Admin

    Joined:
    Jul 18, 2005
    Messages:
    33,768
    Likes Received:
    22,961
    Trophy Points:
    113
    Location:
    Farnham
    Style:
    Barnsley
    Surely the Wigan Administrator would know what Wigan owe to us. I am guessing they owe us an installment on Moore next month but I dont think they have defaulted yet.
    If they win their appeal though there is every chance that they will then shaft us by not paying for Moore on the due date and we get it significantly later if they get a buyer in place - or not at all if they dont - that would be the perfect Irony - we get sent down but then Wigan cant start the season in the style of Bury
     
    Farnham_Red, Jul 29, 2020
    #342
  3. pompey_red

    pompey_red Well-Known Member

    Joined:
    Jul 27, 2005
    Messages:
    13,230
    Likes Received:
    9,052
    Trophy Points:
    113
    Gender:
    Male
    Location:
    Fareham
    Home Page:
    Style:
    Barnsley Dark
    Lots of hand wringing and wailing going on here

    the owner voluntarily chose to put his club into admin because he didn’t want to/couldn’t pay the bills. -12 point penalty imposed by the EFL. I don’t even know who they are appealing against, there own owner? The EFL for actually imposing their own rules for a change or god?

    I’m not even convinced them winning would be good, if I were a prospective buyer I’d want the club in league 1 as it would be significantly cheaper to buy?
     
    pompey_red, Jul 29, 2020
    #343
  4. Ged

    Geddiswasguud Well-Known Member

    Joined:
    Jul 29, 2014
    Messages:
    4,275
    Likes Received:
    3,894
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    Big "if"here....but if wigan are succesful with their appeal, do we then get our own chance to appeal?
     
    Geddiswasguud, Jul 29, 2020
    #344
  5. kor

    korky Well-Known Member

    Joined:
    Jul 23, 2005
    Messages:
    3,604
    Likes Received:
    1,251
    Trophy Points:
    113
    Location:
    NoTpMaRb
    Home Page:
    Style:
    Barnsley (full width)
    they'll also be buying a massive debt to be paid
     
    korky, Jul 29, 2020
    #345
  6. pompey_red

    pompey_red Well-Known Member

    Joined:
    Jul 27, 2005
    Messages:
    13,230
    Likes Received:
    9,052
    Trophy Points:
    113
    Gender:
    Male
    Location:
    Fareham
    Home Page:
    Style:
    Barnsley Dark
    that’s if they pay 25p in the pound, the debts aren’t massive from what I’ve read (once you’ve removed owner investment) losses per year were high but once you’ve sold the players that’s sorted too
     
    pompey_red, Jul 29, 2020
    #346
  7. nezbfc

    nezbfc Well-Known Member

    Joined:
    Sep 13, 2005
    Messages:
    10,495
    Likes Received:
    5,888
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    Apparently not.

    Which is why we have our say on it as far as I can see
     
    nezbfc, Jul 29, 2020
    #347
    Stephen Dawson likes this.
  8. kor

    korky Well-Known Member

    Joined:
    Jul 23, 2005
    Messages:
    3,604
    Likes Received:
    1,251
    Trophy Points:
    113
    Location:
    NoTpMaRb
    Home Page:
    Style:
    Barnsley (full width)
    existing football debts must be paid in full
     
    korky, Jul 29, 2020
    #348
    Redhelen likes this.
  9. Jimmy viz

    Jimmy viz Well-Known Member

    Joined:
    Aug 30, 2012
    Messages:
    28,394
    Likes Received:
    17,605
    Trophy Points:
    113
    Occupation:
    Ballet Dancer
    Location:
    Hiding under the bed
    Style:
    Barnsley (full width)
    I suspect we would use the court system to appeal.
     
    Jimmy viz, Jul 29, 2020
    #349
    Geddiswasguud and nezbfc like this.
  10. Ric

    RichieD Well-Known Member

    Joined:
    Apr 9, 2014
    Messages:
    798
    Likes Received:
    962
    Trophy Points:
    93
    Style:
    Barnsley (full width)
    Judicial review?
     
    RichieD, Jul 29, 2020
    #350
  11. pon

    pontyender Well-Known Member

    Joined:
    Jul 18, 2005
    Messages:
    10,717
    Likes Received:
    3,794
    Trophy Points:
    113
    Location:
    Barnsley
    Home Page:
    Style:
    Barnsley (full width)
    I think our presence is to show that we are no pushovers and we'll fight our corner this time. It will stop them thinking that overturning the deduction is going to be the easiest option.
     
    pontyender, Jul 29, 2020
    #351
    Stephen Dawson and reytfan like this.
  12. orsenkaht

    orsenkaht Well-Known Member

    Joined:
    Nov 7, 2009
    Messages:
    11,299
    Likes Received:
    10,751
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    But who against? EFL's decision was to impose the prescribed penalty. The independent appeal panel will decide the 'force majeure' point according to the discretion they are given to decide the matter. I think their decision will be the end of the matter. Furthermore, I think our representations will be limited to arguing why force majeure does not apply.
     
    orsenkaht, Jul 29, 2020
    #352
    Stephen Dawson likes this.
  13. Arc

    Archerfield Well-Known Member

    Joined:
    Jan 9, 2013
    Messages:
    2,327
    Likes Received:
    5,960
    Trophy Points:
    113
    Location:
    Archerfield, Scotland
    Style:
    Barnsley (full width)
    serious question, why would Barnsley Football Club be the experts on Force Majeure?
     
    Archerfield, Jul 29, 2020
    #353
  14. Dragon Tyke

    Dragon Tyke Well-Known Member

    Joined:
    Aug 9, 2011
    Messages:
    18,566
    Likes Received:
    5,653
    Trophy Points:
    113
    Location:
    Saint Athan
    Style:
    Barnsley (full width)
    Dragon Tyke, Jul 29, 2020
    #354
  15. Micky Finn

    Micky Finn Well-Known Member

    Joined:
    Nov 2, 2005
    Messages:
    15,482
    Likes Received:
    11,963
    Trophy Points:
    113
    Occupation:
    Light bender
    Location:
    It depends who's asking...
    Style:
    Barnsley (full width)
    Micky Finn, Jul 29, 2020
    #355
    Stephen Dawson and TitusMagee like this.
  16. JamDrop

    JamDrop Well-Known Member

    Joined:
    Mar 30, 2013
    Messages:
    17,788
    Likes Received:
    17,878
    Trophy Points:
    113
    Location:
    Leeds
    Style:
    Barnsley (full width)
    That seems a bit strange to me. I know it will obviously impact us massively if their point deduction is rescinded but that can be used in a decision about whether they are innocent or not (or whatever it is they are trying to claim). I wonder if we are trying to make a point that even if their appeal is successful, we shouldn't go down anyway. I think I saw something where we said that, I'm not too sure how we could argue that but it's a possibility that we'd try.
     
    JamDrop, Jul 29, 2020
    #356
    Stephen Dawson likes this.
  17. Micky Finn

    Micky Finn Well-Known Member

    Joined:
    Nov 2, 2005
    Messages:
    15,482
    Likes Received:
    11,963
    Trophy Points:
    113
    Occupation:
    Light bender
    Location:
    It depends who's asking...
    Style:
    Barnsley (full width)
    What's the 'force majeure' they're claiming? The Covid pandemic??? Given that every other club, at every level, also had to deal with it, and that we knew the **** might well hit fan in that regard from around February onwards, they're p1ssing in the wind, no?? Or am I missing summat?
     
    Micky Finn, Jul 29, 2020
    #357
    Stephen Dawson, Geddiswasguud, Connor and 1 other person like this.
  18. Bak

    Baka Well-Known Member

    Joined:
    Feb 16, 2014
    Messages:
    5,622
    Likes Received:
    5,618
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    It's something to do with the fact that they were put into administration without being declared insolvent, without having been issued with a WUP, or without having missed any payments to anyone.

    Their argument is that their administration was for some reason unjust: the Football League have already said, I think, that COVID is not force majeure.
     
    Baka, Jul 29, 2020
    #358
    Stephen Dawson likes this.
  19. Tykeored

    Tykeored Well-Known Member

    Joined:
    Jun 23, 2017
    Messages:
    4,724
    Likes Received:
    5,955
    Trophy Points:
    113
    Gender:
    Male
    Style:
    Barnsley
    Equally being put into administration without having been issued with a WUP, or without having missed any payments to anyone is not force majeure either. Annoying for them perhaps but not FM
     
    Tykeored, Jul 29, 2020
    #359
    anstonred, Stephen Dawson and Redhelen like this.
  20. Mat

    Mateo Corbo Well-Known Member

    Joined:
    Jul 17, 2014
    Messages:
    2,903
    Likes Received:
    2,258
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    It seems to me they are arguing that the "scandal" of the takeover is the force majeure. In a sense that they believe the owner either had illegal betting interests or his sole motive was always to asset strip the club. And the EFL were negligent when approving the sale. There's a bloke on twitter who is apparently been in touch with the QC and he has stated the following:

    "See, the etymological meaning of force majeure is like "a god event" so something natural and out of human control, but it could also be argued in the legal sense that a global scandal is out of club's control and should be classed in the same way"

    They seem ridiculously confident.
     
    Mateo Corbo, Jul 29, 2020
    #360
Page 18 of 33

Share This Page