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Aggrieved trio of relegated clubs may favour out-of-court settlement with Everton

| 01/12/2023 41comments  |  Jump to last

Burnley, Leeds United and Leicester City have reportedly decided not to sue Everton for lost revenue after the Blues were found guilty of breaching Premier League spending rules, and could  instead opt for a negotiated settlement.

The three clubs, who were relegated over the past two seasons and cite Everton's over-spending as a factor behind the Toffees staying up at their expense, were said to be pursuing joint legal action worth £100m each but, according to Matt Hughes of the Daily Mail, they are now leaning towards private talks to settle out of court.

Hughes posits that while the trio of clubs felt their case had been strengthened by an independent commission's decision to dock Everton 10 points this season, they are "conscious of not wanting to be responsible for forcing Everton into administration."

His report also suggests that they may pursue claims against Premier League for "alleged failures in their disciplinary process" given the delay in referring Everton to the commission.

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Burnley were relegated in 2021-22, the season in which Everton were found to have breached the PSR threshold while Leicester and Leeds went down last season. All three clubs would argue that the Blues gained sporting advantage by fielding players bought during the three-year rolling period in which they spent reported losses in excess of the permitted £105m.


Reader Comments (41)

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Peter Jones
1 Posted 01/12/2023 at 18:48:09
In other words - if true - they don’t think they have a case.
Barry Hesketh
2 Posted 01/12/2023 at 18:59:36
I don't think that any of the clubs would give a flying one about putting Everton into administration, although, doing so would make their claims seem vindictive and futile because, if Everton did go into administration due to their claims, I wouldn't have thought that those clubs would be considered preferred creditors.

I believe that those aggrieved clubs still have another 14 days to file a claim, let's wait and see what they actually decide to do, even if it would be relatively good news if they didn't go after us in such an aggressive way.

Christine Foster
3 Posted 01/12/2023 at 19:44:40
I think the bad publicity, the possibility of forcing the club into administration and the total inability to quantify and demonstrate any sporting advantage gained by Everton, would mean it's unlikely to proceed.

Unless of course, the paranoia I currently have means the EPL would actively promote at least one club taking action..

But then I am quiet disturbed here in this funny farm down under, where the only song heard is "Their coming to take me away haha" by Napoleon the XI4 played at the beginning to each game as replacement to Z cars theme.

Kevin Edward
4 Posted 01/12/2023 at 19:46:50
I think the club would be nuts to settle anything with these three based on any of the facts that we know about so far.
If they aren’t confident enough to have ‘sporting advantage’ scruntinised in a real ( not kangaroo) court of law then there’s nothing to see here.
Basically they are saying ‘please give us a load of money’ to put us at yet another disadvantage.
Out of court settlements just add to murky behind the scenes deals, which fit nicely into the EPL legacy. So no doubt they would be in favour.
So we should just tell them to get lost, or see them in court.

Martin Farrington
5 Posted 01/12/2023 at 20:07:53
What a complete mess.
Many years ago, not long after the PL was formed and Sky (or bskyb) became sole owner of TV rights, a cartoon was published showing football decisions 'on the pitch' being subjected to a legal process. There were about a half dozen of them, at a throw in, a player down holding his leg after a challange, red card, a goal and someone with a tape measure. Each surrounded by lawyers and a judge presiding. I think it said "The future of football".
This prediction has now come to pass.

Despite what it appears. We are not the first club to be sued for purchasing players in an underhand way. However none have made it to court, settlements have been made.

The issue here would be, when or where is the defining moment.

The independent panel has failed to provide a clear and segacious judgement.

It failed to explain the reasoning to justify its 10 point penalty and has kept silent since.

Where it did comment (other than spouting texts regarding process or policies) it caused utter confusion and / or disbelief (ie player x.)
The written judgement has numerous contradictions.
Including that Everton gained no sporting advantage and did not intend to deceive, but other clubs have a case to sue.

Whilst that cartoon was drawn as a jest, its foreboding has now become true.

Mark Ryan
6 Posted 01/12/2023 at 20:24:55
It s good news, simple as that, if true.

I find the prospect of another club trying to sue us pathetic and this u-turn, if true, is welcome news.

Paul Birmingham
7 Posted 01/12/2023 at 20:47:48
Unless it's made official to Everton from these x3 clubs, I don't believe a stitch. I wouldn't trust these clubs until they confirm legally their true intentions about any potential claim, against Everton.

If and when Man City and Chelsea get done, then the Premier League could find even other club suing them and Man City and Chelsea for damages and unfair sporting advantage.

There's too many cans of worms open at the moment and I wouldn't trust these clubs who must have had some influence on the independent commission's decision to dock Everton 10 points.

For now, it's Everton versus the rest until justice is done and a resolution that does not decapitate Everton FC is achieved and is legally approved by the football authorities.

This is the problem: can any football organisations be trusted again? For me, it's a no. So, how will the game come back under fair governance?


Jerome Shields
8 Posted 01/12/2023 at 21:06:40
Agree with Christine. It is just too messy to get involved in now and the Premier League has enough problems with what they have already done.
Kevin Molloy
9 Posted 01/12/2023 at 21:21:19
This is the best news we've had in quite some time. In fact, it's' fantastic! Some major behind the scenes stuff going on here. If this happens, the main danger has passed.
John Flood
10 Posted 01/12/2023 at 21:25:12
As I posted on another thread regarding the claims the claims of compensation for Burnley, Leeds Utd and Leicester City, two of them clearly have no claim at all as, if Everton had been given the 10-point deduction earlier, then only one of them would have stayed up instead, not all 3 of them!

The only debate is whether Burnley who were relegated after finishing 18th in 2021-22 or Leicester City who finished 18th in 2022-23 have any claim at all. It is true that Burnley made a lot of noise questioning Everton's accounts at the end of the season they were relegated, but that related to 2020-21 which is not the season we have received the punishment for.

Leicester City may have a stronger claim as we were charged before the end of 2022-23 and they can argue that, if the process had happened sooner, then Everton rather than Leicester City would have been relegated.

However, in raising this as a claim, it will surely shine a spotlight on Leicester City's own very dubious financial history, which includes administration in 2002 with no points penalty leaving many companies who worked on and built their Walkers (now King Power) Stadium unpaid for their work, plus accusations of cynical financial doping last time they were in the Championship enabling them to buy the players that went onto to win the Premier League two seasons later.

Leicester City and the strange finances behind their rise to the Premier League pinnacle — The Guardian, April 2016

Leeds Utd's claim needs to be laughed at and treated with the contempt it deserves. If Everton's 10-point deduction had applied last season, they would have ended up 18th rather than 19th and still been relegated!

John Pickles
11 Posted 02/12/2023 at 00:31:37
Last season, Everton lost at home and drew away at Leicester. I'd like them to prove any sporting advantage there.
Steve Brown
12 Posted 02/12/2023 at 03:41:06
Reportedly by Matt Hughes in the Mail.

He makes up a story that they are going to sue us so he then has another story ready that they are not going to sue us.

Neil Carter
13 Posted 02/12/2023 at 04:09:15
To be clear, Everton have been financially handcuffed since being honest with the Premier League who have constrained our ability to compete by forcing the sales of our top forwards in the last couple of years.

Consequently, without an unbalanced, limited squad we played shite football in the previous 2 seasons with no real sporting advantage.

Amazes me that these bitter teams want to sue Everton because they played even shitter football and finished below us and want money for their poor performances.

Do one.

Danny O’Neill
14 Posted 02/12/2023 at 06:19:04
They have no case. They were relegated because they didn't win enough points. Not because Everton spent £19.5M more than they should have.

I said at the time, the Premier League has opened its own can of worms and needs to put a stop to this.

What next? Everyone sue Manchester City for effectively sponsoring themselves?

Put a stop to this nonsense and get back to the football.

Derek Thomas
15 Posted 02/12/2023 at 06:43:12
John Grisham has taught us at least 2 things:

1) If a side offers or agrees to settle 'out of court', they're not sure of winning.

2) The system is bent and how one affects the other is in the lap of the gods... and they're a right gang of fickle twats.

Colin Glassar
16 Posted 02/12/2023 at 07:32:25
I wouldn’t even give them the time of day. Let them sue us and we counter sue them.
Kim Vivian
17 Posted 02/12/2023 at 08:18:25
I have been reading some Leicester fans forums and in the majority they seem quite happy with the football they are watching this season, looking forward to in all probably bouncing back up, and most concede that despite the look of the team on paper the reason they were relegated last season is that they were simply shite – not because Everton didn't play fair (in some people's eyes).

It certainly doesn't sound like their fans making all the noise.

To be honest, if we had dropped last term and were enjoying the season Leicester are having, I'd be happy enough. Following Everton hasn't been particularly enjoyable for bloody years.

All this "record number of seasons in the top flight" is all bollocks, notwithstanding the fiscal cost of relegation (back to $£$£$s again!). It's going to happen sometime.

If we had actually failed to stay up back in '94, there wouldn't be quite the same level of angst we're seeing now.

Eric Myles
18 Posted 02/12/2023 at 11:54:24
All this talk about "suing Everton" and "out of court settlements" is just pure bullshit.

It's the EPL "independent" commission that is going to decide if, and to what level, the Club has to pay compensation to other clubs.

So any articles that say different are pure nonsense.

Sean Kelly
19 Posted 02/12/2023 at 11:56:59
Agreed Danny 100%. Now Everton stand up and face then down and the epl.
Eric Myles
20 Posted 02/12/2023 at 12:00:46
I know we are all focused on the whataboutery scenarios of the EPL and clubs suing us and City etc. But take it to the extreme, if City are found guilty then what about those clubs in the UEFA Champions League that were beaten by City when they should not have rightfully qualified?

Talk about a can of worms!

Not only EPL but UEFA dragged into the mire.

For the good of the game?

Anthony Hawkins
21 Posted 02/12/2023 at 12:58:50
I was just thinking, is the move for out of court settlement actually because there can be no concrete evidence the teams would have avoided relegation even if Everton didn’t have the over spend? Who’s to say the teams wouldn’t have still faired badly?
Les Callan
22 Posted 02/12/2023 at 13:10:47
Is there anywhere in the PL rules that enable clubs to seek compensation following non-compliance with P&S?
Phil Greenough
23 Posted 02/12/2023 at 15:12:45
Their claims are based on Everton getting the ten points in previous seasons. First of all, the PL is at fault, not Everton, for not starting the procedings earlier. Secondly, who is to say that Everton, if given the same deduction at the same time as they have now in the season, would not have won the appeal against the penalty, or win enough games to stay in the Premier League? I can't understand why Everton have not just told them to do one.
Chris Allen
24 Posted 02/12/2023 at 20:43:02
We had one summer when we went crazy with cash…thanks Koeman & Walsh. This is what screwed us. How many of those bought average players were still playing last season and season before?? I don’t think we gained any sporting advantage from our over spend! In fact in starting to think the 10 points penalty is actually a slap on the wrist for such crap signings!!! Thanks Walsh!!!
Alec Gaston
25 Posted 02/12/2023 at 22:56:36
Eric 18 Totally agree
Dave Lynch
26 Posted 02/12/2023 at 23:12:46
Any out of court settlement is a admission of guilt.

Tell them to fuck off.

Brian Williams
27 Posted 03/12/2023 at 13:51:30
No, don't just tell 'em to fuck off.

Let them believe we're agreeable to an out-of-court settlement until the time limit on them seeking recompense via the Premier League has passed without them doing so… then tell them to fuck off!

Peter Carpenter
28 Posted 03/12/2023 at 15:02:00
Tell them to fuck off.
Alan J Thompson
29 Posted 03/12/2023 at 16:30:57
I'd be telling them that we couldn't possibly come to any agreement until the investigations into other clubs are settled as this could mean that we may be, at most, only responsible for one third of any monies they think they have lost and quite possibly a lot less. Mind you, they will have to open their books for Everton to verify their claims.

What's good for the goose, eh, Mr Moshiri.

Pete Neilson
30 Posted 03/12/2023 at 17:22:13
Meanwhile, reports that the Man City case is to be heard late autumn of 2024. Insiders already informing the media to expect no verdict until the end of next season, summer of 2025, when Pep Guardiola's contract is finished.

Maybe Richard Masters (through his usual back channels) could provide an update on the Chelsea case and his investigation into Newcastle's ownership (not a peep on this for 9 months). I won't hold my breath.

Frank Wolfe
31 Posted 04/12/2023 at 01:22:27
The whole premise that Everton got any advantage from this over spending is one of the things that annoys me. Our net spend in the last 5 years has been -£27.5M (during 20-21 it was -£59.75M).

We've had to offload key assets (eg, Gordon, Richarlison) and had to do bargain basement shopping. So, other clubs trying to claim they were disadvantaged is a bit much.

Pete Neilson
32 Posted 04/12/2023 at 12:08:34
The BBC site happy to regurgitate stuff from the rag that is The Sun:

“Some Everton players could seek compensation from the club for loss of earnings if they are relegated, following the Toffees' 10-point penalty for financial rule breaches.”

Waiting for tomorrow's exclusive that the Dalai Lama is considering legal action against us.

Steve Brown
33 Posted 04/12/2023 at 12:26:22
The great hack creed.

If there is no story, make shit up.

Danny O’Neill
34 Posted 04/12/2023 at 12:36:22
Absolute nonsense. They have contracts. Where will this stop?

And if it's coming from The Sun… probably one of the few things I agree with the red cousins on.

It's speculative at best. Probably best described as pathetic.

John Chambers
35 Posted 04/12/2023 at 13:11:51
Sounds like another attempt to deliberately unsettle the club. Everything that has come out from the club over the last couple of weeks has been about the unity within the club.

I view this as the usual made-up rubbish from this paper. If they have a valid source share it.

Roberto Birquet
36 Posted 05/12/2023 at 17:38:18
In any case, Leeds have very little to gain.

in 2022, they stayed up; in 2023, they went down and would have even if Everton had gotten 10 fewer points.

Perhaps a couple of million in lost funds for placement in the final standings, but that is it.

As for Burnley and Leicester, they have a moral case. But the process went by the agreed Premier League rules that they signed up for. The "late" verdict is not Everton's fault, but that of the Premier League. Or their own fault for signing up to rules that allowed "late" rulings.

Any payment will likely come off the fee for buying the club and be yet another loss for Moshiri.

Barry Hesketh
37 Posted 05/12/2023 at 18:31:43
It shows the differential in power between the 'haves' and the 'have-nots' in the Premier League, I don't think that Everton would have done what Man Utd have done, even though our club has probably had more cause than most to have done so.

Manchester United have banned four media outlets from a lunchtime press conference on Tuesday after claiming they had not been given right of reply to negative stories around the club.

Sky, ESPN, Manchester Evening News and the Mirror have all been excluded from Erik ten Hag's briefing ahead of Wednesday's Premier League game with Chelsea after reporting some players were unhappy with the Dutchman and his methods.

“We are taking action against a number of news organisations today, not for publishing stories we don't like, but for doing so without contacting us first to give us the opportunity to comment, challenge or contextualise,” said the club in a statement.

“We believe this is an important principle to defend and we hope it can lead to a re-set in the way we work together.”

I wonder how many of the numerous stories about Everton that have appeared in various outlets over the past couple of years were run following approval from Everton with regards to context, challenge and comment — very few of them, I would think.

Mark Stone
38 Posted 06/12/2023 at 21:58:58
The Leeds one is mad, even if Everton had finished bottom last season they’d have still gone down. Leicester and Burnley have more of a claim, albeit in my opinion a tenuous one.
Barry Hesketh
39 Posted 06/12/2023 at 22:14:42
Why should Everton pay compensation to any other club?

As two of the seasons 2021-22 (36 points) and 2022-23 (39 points) were two of the worst, in terms of points won pro rata that the club has endured in its entire history – exactly what sporting advantage did Everton gain in those seasons?

The previous season 2020-21 (59 points) was the curious season, as it was played mostly behind closed doors, due to Covid, and couldn't be judged by any right-minded person as business as usual.

The 2019-20 (49 points) season we lost three places in the league from our previous 7th place, earned in 2018/19 (54 points).

Len Hawkins
40 Posted 18/12/2023 at 18:53:57
The clubs involved should be glad they are still operating as they were obviously worse than Everton who, for the last few seasons, have been absolute dross.

If they think back, Everton had no strikers last season – so how is that gaining a sporting advantage?

Leeds, Leicester, Burnley – if you have mirrors at your grounds, take all the players from the relegation season, stand them in front of the mirrorsm and tell them to look in the mirror… and there is the reason you were relegated ... you were not good enough to finish above the worst Everton team in history.

In fact, they should be paying Everton FC Co Ltd for the insulting claims they have made over their own worthless claims. I challenge them to name one advantage that was gained by Everton when the Premier League and the PGMOL have gone out of their way to ensure Everton FC have been treated as Persona non grata.

The gutless press need to expose the way this witchhunt has been carried out and, even without the commission selected by the Premier League, made the whole thing a farce by naming the punishment before a word was uttered by the friends of the Premier League on the committee.

The club shouldn't even be in the dock – the cause of all this is the £billionaire with the worst grasp of financial acumen ever seen.

Christine Foster
41 Posted 19/12/2023 at 19:11:02
Unless I'm mistaken, the deadline for submitting a claim for compensation has now passed without any being lodged. Or at least being reported in the press?

Can anyone confirm?

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