What can we actually do?

i believe it is 12 points or nothing

 

if the points are reinstated, then all previous clubs that have had points deducted for the same reason should apply for compensation. you cannot have one law for one club and different laws for the rest. [that's in theory, but then the efl are a law unto themselves,]

 

I wonder whether our letter to the EFL on 25th May was informed by an appraisal of the likelihood of success of legal action should we be relegated or was a shot across the bows at that stage? Either way if the decision goes against us this week then I think we'll act immediately if the view now is that any action we take has any likelihood of success.

I have insufficient legal knowledge to know whether this is possible but I've wondered whether we could obtain an injunction preventing the start of the forthcoming season until the matter is resolved in the courts. Is that a possibility? Given the likely length of time this would take would surely many clubs to the wall but this in itself would probably mean the EFL finding an accommodation i.e. a 25 or 26 (given Charlton's position) team Championship next season.

All pure speculation on my behalf.

 

Forgive my lack of knowledge on this, but in the case of SWFC why does a decision have to go to the Independent Panel in the first instance? Why didn’t/couldn’t the EFL make a decision on it first then any appeal could’ve gone to the Independent Panel?

 

I'm pretty sure our owners will take legal action. I heard on the radio that Charlton are considering it over the Wednesday ruling.

 

The first thing is: the Panel’s decision does not sit outside of the judicial system. So, if Wigan were to win the appeal we have the opportunity to take it further through the Courts.

My own guess is that the decision makers at Oakwell will be asked to; accept a little compensation, take the relegation, go away and shut up “in the interests of the integrity of the game.” And that is exactly what we will do.

Would love to be proven wrong but the evidence of £££ over footballing integrity at the Club suggests otherwise.

 

It would seem that cheats prosper. Play by the league’s rules & get shafted! Wednesday & Wigan have cheated, as it stands, directly Barnsley & Charlton- if we are relegated by both these clubs, it was simply be shameful

 

I'm not so sure with our owners. They have threatened to take on the powers in football and I think they mean it. I don't think that the appeal will be successful but if it is I believe that we will take legal action.

 

t

there's a lot riding on this Wigan decision - if the EFL 'lose' and Wigan get away with it then a precedent is set for any other team that is penalised to appeal.

 

If Wigan win it would surely call into question the whole legality of docking 12 points for entering administration. The can of worms opened up would be so immense, which is one of the reasons the rationalist in me can't see it happening.

 

Precedents have already been set with clubs punished and reprieved for same offences .
Fifa have set the last precedent with Man City .

 

I agree - the whole future of the EFL and its officers as we know it is under threat - after Wigan 'lose' it needs disbanding.

 

But would that worry an independent panel?

 

Hard to say. You would have thought they'd take it into account, but who knows?

 

probably not and with that in mind I would hope the EFL put up a massive defence of their judgement/decisions.
If the EFL lose - and with the **** ups re Stevenage/Macclesfield - Tranmere etc they would have to pack up??

 

I believe it is because evidence needed to be heard and a judgement formed as to whether Wednesday's actions constituted the offence in the first place. In the case of Wigan the event is administration, which clearly did happen and the penalty is prescribed. The appeal lies to the panel on the question of whether the 'insolvency event' (administration) was solely due to 'force majeure' beyond the control of the then owners.

 

Pretty sure theres something that says it can be dropped to 9 points.

 

But does our contract with the EFL involve signing up to accept the decision of an independent disciplinary panel as final?

 

9 points would be as bad as quashing the deduction in our case.

 

yep