Nottingham Forest attacked Everton in FFP hearing before points deduction claims lawyer

Nottingham Forest launched an “attack” on Everton in their independent commission hearing, according to Stefan Borson.

The lawyer and former Manchester City financial advisor highlighted the passage in Forest’s case via Twitter on 18 March after a four-point deduction was imposed on Nuno Espirito Santo’s men.

That sanction is six points lighter than the 10 the Toffees were originally deducted, and still two fewer than their reduced punishment after appeal, with Forest claiming they should be “significantly rewarded” for not delaying the hearing to avoid relegation as they suggest Everton had done so last season.

In paragraph 12.102 of the hearing document it states: “Forest respectfully notes in this regard that Everton appears to have avoided the prospect of relegation during the 2022/23 season by reason of initially denying the Complaint brought against it, and taking various points, including resisting the Premier League’s application for expedition, such that the first instance proceedings against it could not be determined until November 2023. The need for swift decision making to assist the integrity of the Premier League means that clubs that co-operate should be significantly rewarded to incentivise others
to do so and deter those who seek to delay or disrupt proceedings brought against them.”

Borson reacted: “An interesting attack on Everton by Forest – confirms they resisted an expedited hearing and denied failing to prevent relegation last season. Fight.”

Nottingham Forest point finger at Everton during appeal hearing?

It is unlikely to go down especially well at Goodison Park that Forest wanted to be treated differently for a similar breach and got their wish after pointing the finger at the Toffees.

When relegation from the Premier League is the possible outcome then perhaps it is understandable that clubs and their representation will employ any argument to save themselves.

Everton originally insisted they weren’t in breach, with disagreements over the inclusion of interest payments on loans for the stadium build were an important part of their case.

The Premier League and the commission have now essentially decided that the club were trying to mislead, but whether the Toffees management were incompetent or deliberately trying to obfuscate is probably a matter of debate.

Either way Forest have apparently played on that to get off more lightly, despite having breached their spending limit by a greater amount (£34.5million) [Premier League, 18 March] than Everton did (£19.5m) [Guardian, 15 January].

They were operating under a lower limit due to being in the Championship for part of that time, but clearly the commission have decided that supposed good behaviour after being charged is worth more than a difference in the breach itself.

There are obviously numerous arguments to be made from all sorts of perspectives as to which elements of the cases against either club are more valid and deserve more weight, even if it feels like those arguments are largely ignored when they come from Goodison.

Those at the bottom of the Premier League feel that they are given a rough ride compared to those at the top, but between the relative strugglers towards the foot of table there is still no uniformity.

In other Everton news, the club are said to now be heading for administration with the 777 takeover due to fail.

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