Everton’s appeal against the compensation awarded to Burnley could have consequences beyond the two clubs following the latest developments in Manchester City’s Premier League case.
Christian Smith, litigation editor at The Lawyer, believes the outcome could help shape how clubs seek damages from each other for rule breaches.
Everton were ordered in June to pay Burnley £26m in compensation plus interest, taking the total to around £35m, after an independent commission concluded their 2021-22 PSR breach had caused Burnley financial loss. The Everton appeal is due to be heard in January.
Everton appeal takes on wider significance
Smith highlighted the case after reports emerged on Friday concerning City’s long-running financial proceedings.
“Depending on what exactly comes out of the City judgment, this Everton appeal is now all the more significant,” he wrote on X. “It will likely set important precedent for how clubs can claim damages from each other for rule breaches, which will impact the claims that could be brought against City.”
Everton have strongly rejected the original Burnley decision, describing it as “fundamentally flawed in both law and fact”.
The club have appointed Laurence Rabinowitz KC and James Segan KC for the appeal. Both were involved when Everton successfully reduced their original 10-point PSR deduction to six in 2024.
The Burnley dispute was already an important test of how compensation can be calculated when one Premier League club argues that another’s rule breach caused it financial loss.
Its potential significance has increased amid the debate surrounding City. The Lawyer has examined the potential compensation claims that could follow the City proceedings, with Macfarlanes partner Fred Snowball pointing to the complexity of Burnley’s case against Everton.
Snowball said modelling Burnley’s losses involved assessing the consequences of relegation across a single season. Any claims involving City and alleged losses stretching across several seasons could be considerably more complicated.
Four clubs preserve right to pursue compensation
The Independent has also reported that at least four clubs have preserved their rights to pursue compensation in relation to City. That doesn’t mean Everton’s appeal will determine the outcome of any future case involving City. The circumstances, alleged breaches and losses would have to be considered separately.
Smith’s point is that Everton’s case could help establish how such claims are approached.
For Everton, the immediate objective is much more straightforward – overturning a compensation award worth around £35m. What happens in January could subsequently be watched well beyond Goodison’s old blue walls.
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