QPR

I've said it before but I have always thought that FFP wouldn't stand up to a legal challenge, isn't it a restraint of trade?

Maybe QPR will seek a speedy trial of the issue, although it will be difficult to resolve over the next couple of months. The unsatisfactory compromise may be that they'll be allowed into the Championship pending the resolution of the issue. A better option for the League would be to insist that the fine is paid into an escrow account pending the outcome in the High Court (and any subsequent appeal).

The claim against QPR is a simple one in contract, on the basis that they agreed to abide by the League's rules, so they have to find some way of vitiating that contractual obligation. I can't see it being a restraint of trade, as that's really a remedy for individuals, not for entities like clubs. I'm sure there are Competition Act issues but the principal mischief that legislation was designed to address were cartels or other associations seeking a commercial advantage over others. I'm not sure how much sympathy an English Judge would have with QPR's position, particularly as there were sound public policy reasons underpinning the introduction of the FFP rules (i.e. not going bust, owing HMRC and other creditors huge amounts of money).

QPR's case is hardly dripping with moral merits and, in the absence of some compelling technical argument (and none has been taken or developed by Man City or PSG), I doubt that they will attract a court's sympathy. I certainly hope not.

A difficult one for the League, though. Fernandes has a lot more money than them to waste on costs and, ultimately, the fine will go to charity at the insistence of the PL, rather than creating a more level playing field. A stand must, however, be taken, given QPR's flagrant disregard of the rules.

I think we all know how this will pan out. Shame really it is a good opportunity for the league to try and restore a bit of fairness and sanity back into football.
At some point football will have to put its house in order.

I see from reports that the dispute is going to arbitration, which will be much quicker in terms of a resolution. It is also completely confidential and so the proceedings will - unfortunately from an interest point of view - be conducted away from the glare of publicity. If it were to the distance, the award handed down would also remain confidential (subject to certain prescribed exceptions) and it would not create a precedent for future cases. Maybe that also suits the Football League in one sense, although QPR's challenge is, of course, very public and the outcome is likely to become known at some stage anyway.

One of QPR's arguments is likely to be that they should be judged by reference to the revised regime which comes into force at the beginning of 2016/17, under which teams will be allowed to lose up to £39 million over three years. There is a legal principle under which a person should benefit from a lighter penalty where there has been a change in the law but I'm not aware of it being applied outside the criminal context. I don't think it's an attractive position argument and, in any event, it would be a mitigating factor, rather than a complete answer for QPR, given the huge losses they've been clocking up (and will no doubt incur next season).

There will be plenty of scope for a deal to be struck and an arbitration may make that more likely. Sadly, I expect that is what will transpire, especially as the proceeds of any fine won't benefit the League's member clubs (something which Scudamore and chums were insistent upon). A bland one line press release will then appear to say the issue has been resolved on confidential terms.

I don't know the legal rules here in detail. However as I see it QPR are NOT currently a member of the Football League (the premiership being independent). Why is there a legal duty for the FL to accept them. It has always been convention that they do. However a similarity is where a conference side has been promoted but not accepted because of their ground (I am sure this has happened although not recently).
Accept the rules of don't join the club.

MuttleyCAFC said:

redman said:

I don't know the legal rules here in detail. However as I see it QPR are NOT currently a member of the Football League (the premiership being independent). Why is there a legal duty for the FL to accept them. It has always been convention that they do. However a similarity is where a conference side has been promoted but not accepted because of their ground (I am sure this has happened although not recently).
Accept the rules of don't join the club.

Good point here. Would such a stance upset the Premier League? It is technically after all one of its clubs the FL would not be accepting.

I think the only people who would be upset if the FL refuse to admit QPR would be ageing journeymen footballers looking to get rich quick.

MuttleyCAFC said:

Well if the Premier League don't kick up a fuss, stick them in the Conference I say - As long as it doesn't keep Millwall up!

Why should the Conference have to deal with them? Let them drop to the bottom of the pyramid.

No, but they do.

Will be playing in Championship next year
http://www.bbc.co.uk/sport/0/football/32742194

Give them a 30 points deduction like Luton got a few years ago.

The people who run the league are a joke. So QPR now know that they won't be punished by demotion so they drag out the legal process for years ? And in the meantime spend and get promoted again. If QPR drive a coach and horses through FFP then it might as well be scrapped now. At least then the owners who try to run a club responsibly know exactly where they stand.

The panto season starts early.......

If they get fined and made to pay £58M, does the cost go against them for next seasons FFP and allow the league the chance to fine them again, and again, and again.lol