There are indications that the long-threatened compensation claim by Burnley FC against Everton is to go ahead in the summer. The hearing set to take place at the International Dispute Resolution Centre for Arbitration and Mediation in London.
One of the findings from the first Independent Commission orchastrated by the Premier League that initially deducted 10 points from Everton for claimed breaches of Profitability and Sustainability Rules (PSR) in the 4 years up to 2021-22 was the green light for other clubs to claim compensation, on the basis that a sporting advantage had been gained unfairly.
In a story at The Lawyer that now seems to have been removed or is no longer accessible, it was claimed earlier today that Everton would employ the services of highly renowned Silk, Laurence Rabinowitz KC, to defend them. A second name later appeared, that of Mark Howard KC, seemingly already coming in as a substitute to replace Rabinowitz.
The basis of any claim for damages dates back to season 2021-22, when Burnley finished 17th on 35 points and were relegated from the Premier League 4 points behind The Toffees, who finished 16th.
Burnley claim that Everton's initial 10-point deduction (subsequently reduced on appeal to a 6-point deduction) should have rightly been applied in that season, and not deferred to the following season. In which case, it would have pushed Everton down into the relation zone on 33 points, thus allowing Burnley to have stayed in the Premier League… with what would have been massive consequences to The Toffees.
The subsequent 2-point deduction also levied in 2022-23 would have seen Everton still stay up on goal difference in a season when Leicester, Leeds and Southampton were all relegated. Those three clubs, as well as Nottingham Forest, dropped their appeals upon the reduced penalty.
Quite how much, if any, compensation Burnley would be entitled to remains rooted in legal arguments between the two clubs and could take some time to fathom out given that there has been no precedent in the Premier League, beyond the somewhat different case when Sheffield Utd sued West Ham Utd for using players deemed later to be illegal.
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Posted 12/03/2025 at 18:27:03
I see Burnley are pursuing a case for compensation from us for their relegation from the Premier league. Everton have appointed Mark Howard KC to fight the claim according to the Echo.
"Burnley have brought legal action against Everton over what the Clarets perceive to be a loss of revenue attributable to relegation in at the end of the 2021-22 season, a campaign when the Toffees breached PSR, with the actual punishment coming the following season when the club were hit with a second breach for the 2022-23 accounts."
"Evertons engagement of Howard was first reported by The Lawyer website, with the hearing set to take place at the International Dispute Resolution Centre for Arbitration and Mediation in London.
The same commission that imposed a ten-point deduction on Everton initially is also deciding on the compensation for any claims for financial damages associated with it by aggrieved clubs. The commissions chairman, David Phillips KC, had previously stated: “I am satisfied that the applicant clubs have potential claims for compensation.”
This was the same commission that was roundly condemned since wasn't it? By allowing this claim surely its opening floodgates against any clubs to be liable for compensation for any off field transgressions that later come to light? Man City for example?
Should Burnley get promotion, I doubt their team, supporters or management will be welcomed in any way on their return.
It's corruption of the game to allow clubs to sue other clubs for on-field decisions or results. What's next? Clubs sueing clubs for bad tackles to star players or refereeing decisions that cost them points?
This is far bigger than Burnley sueing for compensation, the door should never have been opened for it, but thanks to a corrupt set of points deductions and arbitrary decisions by the commission, the gift that never stops giving will continue.
Burnley should be roundly condemned for taking this action, both morally and legally, opening the door for clubs to sue clubs was a disgraceful decision by the Premier League commission, yet another reminder why Masters and Co should go.
See link: https://www.liverpoolecho.co.uk/sport/football/football-news/everton-make-key-appointment-legal-31186208
Posted 12/03/2025 at 19:22:30
God help Man City if they lose. The entire league could sue them.
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