Wigan fans View on the Appeal

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

  1. Nardiello

    Nardiello Well-Known Member

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    I'm a bit worried about some technicality or wording that they're going to use to wriggle out of it. It would be so cruel on us
     
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  2. Mjt

    Mjt618 Active Member

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    We don’t know what their argument / defence is. it could be one clause that’s been left to interpretation that open up a can of worms and renders all the surrounding circumstances as admissible. I can’t see it personally but it’s possibility. Again I personally think it’s a publicity stunt, or it could be the first step of Wigan trying to mount a claim to gain compensation on the grounds surrounding their supposed takeover.
     
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  3. lk3

    lk311 Well-Known Member

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    So here’s a thought, what happens if either side doesn’t agree with the verdict and lodges an appeal?
    Given Birmingham took nearly half a year to be co clouded when the league appealed the decision what does that mean for next season in terms of placing?
    I’m assuming Wigan would have to start in L1.
     
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  4. Redhelen

    Redhelen Well-Known Member

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    Yes, Wigan in league 1 if they lose, us in league 1 if they win. Unless no new owner comes forward and they cant satisfy their football debts.
     
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  5. lk3

    lk311 Well-Known Member

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    No actual punishment if stayed up though, that’s the trouble.
     
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  6. Stephen Dawson

    Stephen Dawson Well-Known Member

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    Shouldn't we be on the side of the EFL until after the hearing?
     
  7. lk3

    lk311 Well-Known Member

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    Scary,scary time’s if that happened though as how do you compensate the club who gets relegated and then wins an appeal?
     
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  8. Micky Finn

    Micky Finn Well-Known Member

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    With our legal challenge and appeal that would inevitably follow, you'd be lucky getting a decision on who's playing where by September 12th....
     
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  9. Bak

    Baka Well-Known Member

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    There is no appeal, is there, unless we want to risk being kicked out of the league?
     
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  10. Stephen Dawson

    Stephen Dawson Well-Known Member

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    The only appeal I can think of is from the EFL if the relegation is overturned. Hence my post earlier. Have we been rash in our statement slagging them off?
     
  11. Micky Finn

    Micky Finn Well-Known Member

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    Conway would lose what semblance of credibility he has if he didn't make good on his pre-emptive strikes earlier in the season.
     
  12. ley

    leythtyke Well-Known Member

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    Not sure why that would be the case. The punishment has been decided, along with the criteria for deciding when it would be applied. So, without an appeal a 12 point deduction would be heading their way at some point. They either think it's just or not, rather than being allowed to see how it plays out before committing to an appeal.
     
  13. Ton

    Tonjytyke Well-Known Member

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    No, I’m not having that. They’ve only got Man U, Man C, Liverpool and Everton nearby, that’s nothing compared to the European and World Club Champions elect that we have on our doorstep to the south!!
     
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  14. Mjt

    Mjt618 Active Member

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    It’s a Publicity Stunt and PR exercise by Wigan’s administrators. They probably mounted the appeal before they had the facts and couldn’t back down. I can see why they are proceeding, but it’s stupid to throw away 500k in the financial mess they are in.

    It’s possible there’s some technicality but very remote. It’s a self inflicted administration by their owner. Automatic 12 points deduction, in that season. This appeal may open the door to maybe seeking some compensation from the EFL, but more than anything it creates publicity and shows the world they are not going down without a fight, however hopeless that maybe. (Just trying time out a positive spin on it)
     
  15. gaz

    gaz97 Well-Known Member

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    Wigan fans getting increasingly confident about there appeal based on what happened to Blackpool in 2019 when the football league didn’t deduct them 12 pts after they went into receivership so they are saying it’s not mandatory to be deducted points.
     
  16. Mjt

    Mjt618 Active Member

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    https://www.google.co.uk/amp/s/www....ng-blackpool-fc-12-point-deduction-985967?amp

    They need to look at the case. The receiver was called in by the Latvian guy to get the Oystons out, not because they had ran out of money to fund the season and pay wages.
    Clutching at straws!
     
  17. man

    mansfield_red Well-Known Member

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    That was regarded as a special case as the receivers were appointed pursuant to a court case regarding ownership to force through a sale. Therefore it was not an "insolvency event". I can't see how a similar exemption would apply here.
     
  18. Tyke_67

    Tyke_67 Well-Known Member

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    With our luck and with the performance of the Derby & Wednesday fiasco's, Wigan would win the appeal and straight away we would be a L1 team. We would lodge an appeal but it would take 18 months to hear that appeal. What happens in the subsequent 18 months? well we'd be a L1 team so doesn't make any difference, we'd have already served our relegation
     
  19. CarltonRed

    CarltonRed Well-Known Member

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    Yes, the EFL agreed that the appointment of the receiver was not material to the club’s ability to fulfill its obligations as a member club.
     
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  20. ley

    leythtyke Well-Known Member

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    The main arguments I've heard put forward are;

    1) The club had no way of knowing that the new owner would put them into administration as soon as the takeover is complete - This seems the most likely argument from what I can see. The argument is that the takeover should never have been allowed, and if fit & proper tests had been applied properly, then they wouldn't be in administration
    2) Covid - General consensus is that they would struggle with this
    3) Timing of the deduction - From what I've seen of the regulations (definition of end of season being last game + the regulation about only delaying to following season if they'd have been relegated anyway) I don't see how this could be possible, and entirely dependant on a loophole they are looking to exploit.

    I suspect they will argue 1), or maybe a combination of 1&2 as being force majeure. I just hope there isn't a cockup from the EFL regs, which they can exploit.

    Am intrigued by the interview with Dane Murphy, he almost talks as if the appeal does not have any impact on us at all. I don't know if that's through knowing something we don't, or just being bullish about it. If we are relegated, am not sure what legal action would even be available to us.
     
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