Leeds' 15-point deduction upheld

[Row Z Royal]

NoROFLtheROFLn boys LOLove gROFLavy

[cmonurz]

LOLee Chapman
David O'LOLeaROFLy
Jason WiLOLcox
NigeLOL MaROFLtyn

[Dirk Gently]

If anyone's interested in the actual judgement, it's here : http://www.football-league.premiumtv.co.uk/staticFiles/4c/ec/0,,10794~126028,00.pdf

The key bits are below :

CONCLUSION
36. We are satisfied that the Claimants case begins and ends with the Compromise Agreement which clearly embodied the intention of both parties. Taking the Agreement as a whole and in particular Clause 4 Leeds NewCo agreed to the imposition of the 15 points and to release the League from the claims which have now been advanced and to waive any rights to do so. Leeds NewCo specifically covenanted not to bring the claims it has now sought to assert and there is no basis to allow it not to honour that covenant.

The Tribunal dismisses the Claim on this ground alone.

54. With this history of events we are satisfied that there has been unreasonable and inexcusable delay on the part of Leeds NewCo. It is plain that Leeds NewCo was in the same position in August as it was in March when it finally got around to commencing these Arbitral Proceedings. It was imperative that the appropriate action was taken expeditiously. When the High Court proceedings were commenced they were in breach of the Arbitration Clause in the Regulations. Even before the arbitration proceedings were finally commenced, the Claimants were dilatory in initiating them.

55. There was no reason, if Leeds NewCo were genuinely concerned and disgruntled with the outcome of the League Members decision on 9 July, why they should not or could not commence Regulation K arbitration proceedings soon thereafter. This step could have been taken simultaneously with the Regulation K proceedings against the Football Association. They then held back and commenced the misconceived and abortive High Court proceedings. By delaying seven months before commencing these proceedings (August – March) they were in danger of prejudicing the other Clubs in League 1 who were also fighting for promotion.

56. The resolution of this present challenge has been left to the eleventh hour. If the points were now to be restored a number of clubs eligible for automatic promotion and the play off positions might have been affected. As at 5 April 2008 there were two clubs entitled to automatic promotion and four other clubs entitled to a place in the play-off for the third promotion spot, with Leeds in sixth position. On 1 May the position is still the same.

57. If the 15 points were now to be restored it would place Leeds comfortably in second position (88 points) and with assured promotion. This would prejudice the second placed Club (currently Doncaster) by depriving it of its automatic promotion place, forcing it to compete for promotion through the play off process. This situation is worthy of our particular and sympathetic consideration. Thus the delayed restoration of points would, inevitably, and fundamentally alter the rights that would otherwise accrue to another club.

58. We have no doubt that if this dispute had been promptly and properly brought, then the other clubs vying for promotion might have addressed their season in a different way.

Until 19 March they will have proceeded on the legitimate assumption that there was to be no challenge and that the 15 points would not be restored. This late challenge brought uncertainty to the League near the end of the season at a time when other clubs had an understandable hope and expectation that they would enjoy automatic promotion, or the opportunity to compete for promotion through the play-off. In Stevenage Borough Football Club v The Football League Ltd CH [1996] 5 No 3043 Carnwath J was dealing with a similar case of delay and dismissed the proceedings. We see no reason to depart from his approach and apply it to the instant case.
59. We also dismiss the Claimant’s Claim on the ground of Leeds NewCo’s unreasonable and inexcusable delay in bringing the claim to this Arbitration.

[cmonurz]

Only challenged on 19 March.

[leon]

Only challenged on 19 March.

exactly...Ken Bates had throughout the season said he wasnt going to contest. It was only when they looked like they weren't going to get automatic promotion the gnome decided to challenge

[Dirk Gently]

Only challenged on 19 March.

exactly...Ken Bates had throughout the season said he wasnt going to contest. It was only when they looked like they weren't going to get automatic promotion the gnome decided to challenge

Even more so, as a condition of not being relegated to League 2 Leedsa agreed to the 15 point deduction - except Bates somehow decided not to make that public.

[Silver Fox]

Can I just add a massive LOL for the SSN bloke who was so pleased with himself for being live on screen when the judgement was made public but couldn't find what it was and the clerk refused to tell him!

[The whole year inn]

We all know they will win the playoffs anyway

[T.R.O.L.I.]

We all know they will win the playoffs anyway

They didn't win the playoffs on their last attempt....

[The whole year inn]

We all know they will win the playoffs anyway

They didn't win the playoffs on their last attempt....

Division lower this time?

Can't see Carlisle or Southend stopping them. As for Forest, they bottled it big time last year.

[T.R.O.L.I.]

I know - at the end of the day it's a lottery but I will be supporting two from Carlisle, Donny or Southend (and Forest in the final if neither of the three are in said final).

[The whole year inn]

Carlisle for me. A superb club with fantastic support that have not been in the 2nd tier for god knows how long. I have always been impressed since they filled the away end at a division 2 game at Exeter on a Tuesday night in November a few years back. They averaged 6-7k in the conference IIRC

Forest and Leeds have had their time. Southend were relegated last year. They can all wait another year

[Vision]

Like to see Doncaster myself. Their chairman is a bit of a character/plonker but have always liked Sean O'Driscoll as a manager and they are the best passing side in the Division..

[The Surgeon of Crowthorne]

Well, seeing as it's my hometown, it has to be Southend for me.

[Kes]

Ken Bates is a legend.

[bobby1413]

They will not get any points back.

The main reason will be as it's too late in the season to me fecking around with this sort of malarky.



(good use of the word "malarky" - don't you think?)

Told you.

[Ark Royal]

Ken Bates is a legend.

No, Ken Bates is a bellend.

[PieEater]

Even more so, as a condition of not being relegated to League 2 Leedsa agreed to the 15 point deduction - except Bates somehow decided not to make that public.

I haven't heard that one before, where did you get that from?

Can't the FA take yet more points off them for a frivilous appeal, a bit like the appeals for match bans? Another 5 points should do it.

[Dirk Gently]

Even more so, as a condition of not being relegated to League 2 Leedsa agreed to the 15 point deduction - except Bates somehow decided not to make that public.

I haven't heard that one before, where did you get that from?

Can't the FA take yet more points off them for a frivilous appeal, a bit like the appeals for match bans? Another 5 points should do it.

See that paragraph 36 I posted above. The bit about Bates came from a Leeds Supporters Trust insider.

The real LOL of this story is that I was doing a piece for the FSF yesterday about CL visas on 5Live when this story broke s I commented on it, and now I'm getting abusive e-mails from Leeds supporters!

[mini _dariusz]

Ken Bates is a legend.

So was Tore Andre Flo at half time last year in the 2nd leg. Shows how much you gotta do to be a legend at Chelsea.