Felt reasonably confident until I read this

Small mercies

 

Surely if it can't be classed as Force Majeure, Wigan don't have a case at all and the original decision has to stand.

 

he is adamant that they have done nothing wrong

 

I've not done the terrific research that Chef Tyke has done, but I've not been swayed by anything I've read that Wigan aren't going down. Their owner (doesn't particularly matter who) has put the into administration. This brings a 12 point deduction (and never hasn't). The administrator decides to appeal on the, rather nebulous grounds that it was "force majeure" - I've professionally come across "force majeure" clauses many times, but they relate to "frustration of contract" by forces unforeseen. How can it be unforeseen that an owner would not want to pay £6 million per year to own a football club ? The ******** about bets in The Philippines is a complete ephemera.
If, by some bizarre logic, Wigan's appeal succeeds, then Barnsley will not convince a real commercial court to reinstate them in the Championship (because "specific enforcement" is rarely ruled) but they would easily be awarded the £6-7 million damages of relegation - and the EFL would have all the embarrassment of being legally shown to have incompetent prpcedures.

 

One thing about all this, I don’t recall a previous thread where people used the word “scintilla” or “ephemera”, let alone both. And the familiarity of Barnsley fans with the concept of force majeure has massively improved.

 

Except that the EFL did impose the points deduction. It is the IDP that is hearing this appeal, and I have a suspicion that somewhere in the piece there will be a clause in our contract with EFL whereby we agree to abide by independent arbitration in the event of disputes.

 

Interesting..

 

That's good news for us if true.

 

It’s like shartin at dog for shitting on carpet N it’s lookin at yer gone art thinkin what the ***** up wi him.

 

What has happened to derby have they got off Scot free

 

I think this is the best view to take on this. The two cases aren't comparable, so trying to read anything from this judgement ultimately doesn't provide any additional insight into the Wigan appeal.

 

Regardless of points deducted or not Wigan face the real prospect of going the same way as Bury - something the Wigan fans don't seem to have considered. Their priority should be Club survival.

Some of the Wednesday fans posted messages to the effect they'd prefer starting with nil point in Div 1 rather than with
- 12 in the Championship.
Wonder if they were given that option?

 

Let me get this right:

We’re the baddies?
Going into admin isn’t Wigan’s fault? It’s just the man who owns thems fault?
They are appealing on 47 different grounds from ‘unfair’ to ‘it’s all Covids fault’?
We’re still the baddies?
The EFL can take points next season but not this season because that would be fair?

I think that covers it.

Countering points:

Admin has a 12 point repercussion. If it’s not upheld you’ll see 10-15 clubs take admin as a route out before next season starts.
They have; no buyer, no money, no chairman, no manager, are having a fire sale on players, Still owe clubs transfer fees for players and are selling the training ground.
Are happy to start next seasons Championship on -12 with all of the above, thereby getting pumped every week which isn’t a good look for the EFL.

it’s no wonder I’m worried. It’s got overturned written all over it, which will render the Championship a farce next season when they do a Bolton, who ironically were the last team to shaft us. Brilliant.

 

They were claiming to be a well run club till someone upturned a stone .

 

They still are according to the numpty I was chatting to tonight!

 

Wigan journalist.

 

Just about to post this. Their fans are not happy and I would be the same. Basically it's an appeal for the sake of it now.

 

He certainly seemed it.