Wigan fans View on the Appeal

Exactly !
The panel will make a decision on facts not sympathy or opinion.

 

Just seen this in the replies to Matt Slater’s twitter.

Saying that the club putting the club into administration was unexpected for the club?

 

Whatever happens they’ve done a tremendous job of putting the sh*ts up lots of people on here. The fact is, that unless the EFL have done something daft, Wigan can’t possibly win their appeal. The rules are clear and, for all we know, Wigan are simply taking a shot to nothing. No-one really knows the costs involved, or who is funding their appeal. If they subsequently go into liquidation, which I think is a real possibility, then £500k is chicken feed. One thing is certain, if the appeal is upheld there will have to be a detailed explanation as to why.

 

Think you need to turn up RR and lay it on them....any help would be good!

 

I honestly do not think that there is any need for help. As far as I can see, its cut and dried.

 

I do get what you’re saying but but the panel are not there to take sides, they are there purely to determine whether or not Wigan going into admin was due to a force majeure, nothing more.

 

Probably more based on the fact that the EFL haven’t dealt with other ongoing appeals yet either. Sheff Weds etc. The EFL kicked the can down the road on that one due to its appeals process.

 

This is what they will be considering. Can’t really see any plausible arguments. It’s very distinct and narrow issue.


12.3 Sporting Sanctions

Introduction

The following Regulation provides for how sporting sanctions will be applied to Clubs when the Club, or any Group Undertaking, becomes subject to or suffers an Insolvency Event, and also makes provision for an appeals mechanism, but only on the grounds of ‘Force Majeure’.

By way of clarification the following are identified as circumstances which it is intended would be embraced under the category of ‘Force Majeure’. It is intended that this appeals process should be limited to circumstances which are deemed unforeseeable and unavoidable. In all these examples, each case would have to be considered on its own merits:

Club Income: In the event that a club suffers material adverse effects upon the loss of anticipated income streams which mean that it is unable to meet its liabilities as and when they fall due. This could only be grounds for appeal, however, if the loss occurs during the currency of a binding agreement (i.e. not upon expiry).

Default by another Club: In circumstances where an insolvency event is caused by the default of another football club. Once again, however, for this to constitute legitimate grounds for appeal, the outstanding payments must be significant enough to have had a material and adverse effect upon the Club.

12.3.1 If any Club becomes subject to or suffers an Insolvency Event, that Club shall be deducted 12 points.

12.3.2 If a Group Undertaking of a Club becomes subject to or suffers an Insolvency Event, then the Board shall have the power to impose upon the Club a deduction of 12 points scored or to be scored in the League Competition. In exercising this power the Board shall have regard to all the circumstances of the case and to:

(a) such of the provisions of the Insolvency Act, the Competition Act 1998 and the Enterprise Act 2002 as are relevant and then in force;

(b) the need to protect the integrity and continuity of the League Competition;

(c) the reputation of The League and the need to promote the game of association football generally; and

(d) the relationship between the Club and the Group Undertaking.

 

Don’t you read the board anymore ?
There’s a thread twenty pages long that’s been at the top of the board all day .

 

I assume we have all read this too? Not sure what has changed to alter this summary.

https://www.footballlaw.co.uk/articles/wigan-athletic-fc-takeover-to-administration

 

Surely we are going to point out that they unsettled one of our players last summer by offering to pay him 4 times what we could afford to pay him despite their average attendance being less than ours plus then paying us a large fee on top all the time knowing they were spending money they hadn't got and which would have to be found by the owners. So they directly gained an advantage over us by weakening our squad whilst strengthening theirs using money they hadn't got and it's this behaviour which has been repeated for more than a decade which is what eventually led to the present owner placing them in administration not Covid 19. They have cheated the system for years and it's finally caught up with them and let's hope they aren't the last club to be made to face up to reality and some **** hits the fan at clubs like the Fowls Derby Birmingham etc who have spent years spending money they haven't got some of it on poaching our players Winnall and Roberts spring immediately to mind.

 

but we are dealing with something involving the efl, that's why facts don't really matter with them involved
read this from yesterday https://www.bbc.co.uk/sport/football/53570421 and tell me why we can appear and stevenage not, both have bearings on relegating teams

would be better to kick off a new season once some sort of social distancing with fans can be implemented and resolve all these on going issues well before so teams can prepare for whatever league they're in

 

Neither had Barnsley FC I believe when we went into administration it's the company directors duty to seek to put a company into administration as soon as they know the company will be unable to service it's debts and it hasn't got the assets available to cover them. A company doesn't have to have had a winding up order served on it or missed any payments to go into admin it's board just need to know it will in the near future Wigan's owner knew what payments were due in the coming weeks knew there wasn't enough money in the clubs bank accounts to cover those debts and decided he wasn't going to make up the shortfall that being the case administration is the next step unless there is a buyer willing to service the full debt.

 

There’s a big difference in celebrating a goal for thirty seconds and celebrating avoiding relegation for over a week though

 

I think we have been allowed to make limited representations not because we are experts in 'Force Majeure' but simply because as things stand, we are the only club likely to be affected if Wigan's appeal succeeded. If we could suffer adverse consequences then it appeals to the principles of natural justice that we should have some voice in the proceedings. It seems to me that the owners immediately before administration made a conscious choice to stop funding the club. That was after the EFL had determined that they had sufficient resources to justify the earlier takeover (arguably from themselves). A conscious choice does not equal an unforeseen event and the prescribed penalty therefore logically applies. No need for reams of accounts. Moreover, we do not want to turn it from EFL Rules v Wigan into BFC v Wigan.

Incidentally, my guess would be that so long as the appeal panel acts within it's jurisdiction (i.e. decides the matter only on those considerations it is entitled to take into account) then it would not be susceptible to any further legal challenge in the courts, even if we felt subjectively that it had reached the wrong conclusion, or that it's decision was 'morally wrong'.

 

The Price Of Football Podcast

Kevin and Kieran look at the cost of relegation from the Premier League for Bournemoth and Watford and the financial benefit of staying up for Aston Villa. Plus, why Barnsley have called out the EFL and some of their Championship rivals, who claims to have made a bid for Sunderland, and why Newcastle's Saudi takeover could be about to collapse.



https://podcasts.google.com/feed/aH...EwjrotHgp_TqAhWiunEKHY3oCTgQjrkEegQIBhAE&ep=6

 

Ignore me nothing really of interest in the podcast just talking about our statement aimed at the EFL doesn’t relate anything really to the Wigan appeal.

 

I'm not a fan of Krasners style at all. He's particularly maverick and for some reason (which for his role really shouldn't be) likes to put himself first and in the limelight. Leeds was a prime example, where he actually ended up owning the club under a consortium.

I've always preferred an administrator to do their job and keep out of the media.