Everton points deduction appeal has good chance of success – sports lawyer
The 10-point penalty imposed on Everton by the independent commission is likely to be reduced on appeal due to being out of proportion with the offence, a sports lawyer has told i News.
According to the outlet on 1 December legal experts believe there is “plenty to go at” for the Toffees in front of a new panel appointed by Murray Rosen KC, and Carlos Hurtado of Baker McKenzie has said they should use a four-pronged case based on their original co-operation, a lack of proportionality in the punishment, precedent and future compliance.
Based on his experience Hurtado believes there is a good chance that Everton have their deduction reduced, most likely down to around six points.
Hurtado said: “From my experience in the UK and other countries, appeals tend to be successful in getting a more reasonable sanction.
“I would say that I give them a chance. It’s a reasonable chance of getting a reduction, down to six points or something similar.
“The appeal board does have the ability to decide a greater points deduction although I don’t think that will be the case. In reality a success for Everton is a reduction of points punishment.
“There is a lot of leeway and freedom for the board to decide the appropriate punishment. They won’t likely get away with no points deduction but I think the most likely scenario is to reduce the points deduction.
“I think there’s a position where everybody will be happy – there’s still a strong message but Everton get a reduction in points deductions which looks more proportional to the offence committed.”
Small victory
If Everton do manage to get their original punishment reduced it is likely the best-case outcome at this point since there is little chance of getting it wiped out entirely.
Even the Toffees eventually accepted they had overspent, although there is clearly a major difference of opinion over why.
With the news that the rival clubs who were ready to claim for major compensation are now set to step back and enter into negotiations on a settlement it seems possible that Everton could come through this with a more manageable hit, even if it will still leave many around Goodison feeling aggrieved.
A reduction is unlikely to change the view of most of the fanbase since the feeling will remain that various factors combined to crack down on the club over and above others.
The heaviness of the penalty was a large part of the sense of injustice, and the further risk of financial oblivion in terms of compensation to rivals potentially being awarded was a major ongoing concern, so a rowing back on both counts would be a relief.
It remains to be seen if the Toffees manage to argue their case successfully in front of a new panel, or reach agreements with the likes of Leicester, Leeds and Burnley, but there is at least some hope.
But if the message is sent, that overspending won’t be tolerated, without destroying Everton then it may be an acceptable compromise, assuming there is not another sting in the tail from the next set of accounts.
What will be telling however is how the Premier League proceeds against other clubs after the current case is closed.
In other Everton news, a £43million loss has been predicted amid the risk of a second points deduction.