07/05/2024 15comments  |  Jump to last

In what could be a portent of the decision regarding Everton's own contest of their second points deduction, Nottingham Forest have failed with an appeal against their four-point punishment for breaching Premier League Profitability and Sustainability rules (PSR).

Forest's case was heard on 24 April and their Appeal Board elected to uphold the original decision reached by  an independent commission to impose the sanction which was less than the one handed down to Everton last November.

Their original commission found Forest's losses for the 2022-23 financial year breached their permitted upper threshold of £61m by £34.5m.

It means that the East Midlands club remain in 17th place and on 29 points, three clear of the relegation zone with two games left to play.

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The three-person Board delivered a "unanimous" decision to uphold the original ruling by the commission, describing it as "commendably clear and comprehensive".

"Some of the criticisms of the [original] decision have involved a minute examination of the words used by the commission," the Board said.

"Decisions such as these should not be subjected to microscopic forensic examination and interpreted as if they were statutes which have been drafted by parliamentary counsel.

"Allegations of infelicities of language or errors which are not material to the ultimate decision add to the complexity and costs of proceedings and are rarely likely to lead to a successful challenge of a decision."

Everton's appeal against a two-point sanction levied in March is set to be heard in the final week of the season, with a swift decision expected before the final match of the campaign on 19 May.

 

Reader Comments (15)

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Christine Foster
1 Posted 07/05/2024 at 11:50:15
So Forest's appeal has failed... which probably means ours will too, not that it matters now.
Ray Roche
2 Posted 07/05/2024 at 13:03:49
Poor old Forest!! 😁
Steve Brown
3 Posted 07/05/2024 at 14:14:23
Ray, Forest should have had another 2 points added for hiring that tosser Clattenberg.
Michael Kenrick
4 Posted 07/05/2024 at 15:03:15
Can't believe they didn't take the opportunity to increase it by the 2 points Forest had been credited for good behaviour. What a waste of Premier League money.

I think it's perhaps the confusion and inconsistency developed through the appeals process that is confusing and angering the fans. Am I right in thinking they don't do appeals on points deductions in the EFL?

Steve Brown
6 Posted 07/05/2024 at 15:47:34
Video of the independent commission emerges:

Link

Brian Wilkinson
7 Posted 07/05/2024 at 17:02:58
Forest are 3 points above Luton, by even giving Forest 1 point back, it would have been a total mess that the Premier League have created, 4 points clear with 2 games to go would have been a huge advantage for Forest so no surprise they got nothing back.

On the other hand, I would not be surprised if Everton got a point back, due to it having no significance on relegation.

The Premier League are doing everything they can to keep it to a final day relegation decider; giving Forest 1 or 2 points back would have caused huge ramifications within the Premier League.

Paul Ferry
8 Posted 07/05/2024 at 19:18:45
The tribunal reasoning - which is, in effect, a sharp rebuke - more or less sum up Forest's appeal as frivolous and on this ground alone Forest are very lucky not to have had a couple of points added on.

Danny, how on earth can anyone relax over the summer mate when this summer is likely to be the most important and scary in our history?

Not relaxing because of next season? That would be a luxury as far more important, worrying, and consequential are brass tacks questions of finances, administration, ownership, more allegations and investigations, the fog of loans, and I haven't even trained a thought on the management and players (incoming and outgoing) situation.

Brent Stephens
9 Posted 07/05/2024 at 19:46:51
Michael #4

"Can't believe they didn't take the opportunity to increase it by the 2 points Forest had been credited for good behaviour. What a waste of Premier League money."

Yes, that's the irony, Michael. An annoying irony. As you say, Forest initially credited 2 points for their initial honesty and co-operation with the Commission. That all sounds a bit rich now.

Ray Roche
10 Posted 07/05/2024 at 19:54:00
Steve @6,

Thanks mate!

I'll spend the rest of the evening looking for Blackadder on my digi box.

Just pips Fawlty Towers in my opinion.😁

Danny O’Neill
11 Posted 07/05/2024 at 20:04:31
That's quality, Steve.

The parallels are uncanny!!

Paul, you should speak to my dogs. They will be in for lots of conversations, looking at me confusesed and concerned!

Jerome Shields
12 Posted 07/05/2024 at 20:50:04
The league's priority is, whilst deducing points, they do not want to get involved in relegation battles at the crunch. Everton's appeal will be unsuccessful.

Glad to see Clattenberg gone and the club reprimanded over that libellous statement..

Ernie Baywood
13 Posted 07/05/2024 at 21:06:13
Reading the report, Forest's case seems to have been to look at the rejection of their near miss mitigating factor in the original decision and say "ah go on, please".

A waste of time. If they didn't get any consideration for their reduction being revoked then it's never going to happen.

I'm hoping ours actually challenges something, like the basis of calculation for "double jeopardy" which seemed completely wrong or the individual rounding down of every reduction.

I suspect we have more of a case for a point or two.

John Chambers
14 Posted 07/05/2024 at 21:25:25
We should drop our appeal immediately. 2 points makes no material difference this season.

I know it could affect our position re Brentford and cost £3m in prize money but knowing our luck we would 'win' the appeal by having the points suspended to next season and have that hanging over us!

Ernie Baywood
15 Posted 08/05/2024 at 02:55:51
John, knowing our club, we've probably asked for the points deduction to be suspended until next season.

Brian Cleveland
16 Posted 08/05/2024 at 04:46:20
Given that it's Eurovision Song Contest week, maybe it's rather appropriate to say "Nottingham Forest, nil points"

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