04/09/2024 55comments  |  Jump to last

A Premier League commission and appeal board has ruled that Everton should pay about a third of the total amount, £1.7million – with the Premier League covering the remaining £3.2million – for legal costs of £4.9million in the PSR case that resulted in the Club being deducted 10 points, which was reduced to 6 points on appeal.

This was a victory of sorts for the club after Everton had challenged the Premier League’s costs, with their lawyer Celia Rooney telling the appeal that the figures submitted were “frankly eye-watering”. The full findings of the costs appeal are revealed in a judgment made on July 5.

The appeal board’s judgment shows that the Premier League paid its lawyers Linklaters much higher fees than Everton paid their law firm Pinsent Masons for similar work. Everton claimed the costs sought as recoverable by the Premier League were “both unexplained and inexplicable” and “grossly excessive”.

The club stated that the cost per witness statement was more than five times higher for the league (£148,668 for the Premier League, compared with £26,637 for the club), and cost per document disclosed was 19 times higher (£9,773 compared with £515).

The hourly rate charged by the Premier League’s lawyers of £940 was “nearly double” the then guideline rate of £512 and the £550 charged by Pinsent Masons, Everton argued. The appeal panel ruled that costs of £1.7million were reasonable for Everton to pay, rather than the full £4.9million.

The judgment states: “In reaching that conclusion, we emphasise that we make no criticism of the PL or its lawyers” and points out that in High Court commercial litigation, it is usual for both parties to spend substantially more on their lawyers and experts than can be recovered from the other side in costs.

“Against that background, £1.7million by way of the costs award in this case is a significant sum in respect of about eight months of legal work,” the judgment says. “The sum is in line with what would be regarded as reasonable and proportionate by way of contribution to the PL’s costs in High Court proceedings with the characteristics of this case.”

The appeal board also directed the Premier League to pay Everton’s £182,500 costs of the successful appeal and £28,804 for the costs hearing.

 

 

Reader Comments (55)

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Jeff Spiers
1 Posted 04/09/2024 at 16:26:38
Money, Money, Money.

It's a rich man's world.

Dale Self
2 Posted 04/09/2024 at 16:42:48
Yeah, alright.

Consider it a gratuity, now do one.

Denis Richardson
3 Posted 04/09/2024 at 16:42:50
Only winners in any dispute are the lawyers. Divorce being the worst.

That this needed to go to court in the first place is a farce. If the rules are clearly defined and understood by all, then legal advice would not be needed nor the colossal waste of time. Obviously they weren't.

Linklaters are happy though £5M in fees!… (Why the league needed to use a magic circle firm, one of the most expensive, is another matter).

Christy Ring
4 Posted 04/09/2024 at 16:46:05
It totally stinks. Everton and Nottingham Forest were completely shafted by Masters & Co.

Could we not have originally challenged the Premier League at the European Court of Arbitration for Sport? Didn't Man City do it a few years back?

Jeff Spiers
5 Posted 04/09/2024 at 17:19:40
Oh, and I wonder how much dosh ended up in Masters's arse pocket?
Alan J Thompson
6 Posted 04/09/2024 at 17:33:21
This (PSR) really has become a mess and needs to be dropped immediately. Imagine if Everton were now £1.7M over the £105M limit. A total waste of time and money.

But how much will Man City be up for on 115 charges? And what did Leicester City have to pay to show they didn't come under the Premier League's jurisdiction? It is almost laughable.

Dan Parker
7 Posted 04/09/2024 at 17:44:56
I will never forgive the Premier League for what they did to our Blues whilst turning a blind eye to egregious acts by the Sly 6.
Dennis Stevens
8 Posted 04/09/2024 at 18:01:06
I look forward to Man City bankrupting the authorities when they demand they stump up for the club's legal bill.

It's probably already in the tens of millions, or more.

Ian Wilkins
9 Posted 04/09/2024 at 18:04:57
PSR gets worse by the case.

The Everton and Forest transgressions were treated inequitably, Forest treated lightly for ‘good behaviour'.
Everton still under scrutiny for ‘interest payments'.

Man Utd escape due to ‘allowable' Glazer sale costs.
Leicester dodge a penalty by moving their financial year end.
Man City will inevitably escape on legal technicalities. Their legal fees will dwarf the Premier League's.

The Premier League spend ridiculous amounts on legal services compared to Everton. This whole thing is deeply flawed and has serious questions.

Guess who are the only real fall guys in this fiasco… wouldn't happen to any of the Sky 6, take Chelsea for example…

Bob Kerr
10 Posted 04/09/2024 at 18:06:35
Folks, this reminds me of a question that I meant to ask of you all.

In the last 2-point deduction, I believe that the Appeal Panel stated that the issue of "early" interest charges on the Bramley-Moore Dock being allowable (or not) as legitimate costs under Profitability & Sustainability Rules was too complicated in their timescale.

The issue was clouded by the fact that the Club auditors had allowed the charges for depreciation in the accounts. It was also clouded by the exact timing of the grant of Planning Permission for the stadium build and the issuing of loans.

So, they proposed that a separate session be held in the "summer" when all of the issues could be thrashed out. A final points deduction could then be made on the provisional 2 points.

Does anyone know what happened to this "summer" finalisation of the points deduction?
James Hughes
11 Posted 04/09/2024 at 18:08:32
Wow, they really do not like us, do they!
Christine Foster
12 Posted 04/09/2024 at 18:18:19
Injustice at any cost. The lengths the Premier League went to in ensuring Everton were found guilty and condemned in the whole world of football. Extraordinary. Disgraceful. Vindictive.

Winning at all costs, no matter what. It doesn't matter how much such prosecution costs if you are paying so the resultant distribution of costs awarded by the appeals board has found the costs claim excessive, in doing so has given the Premier League two fingers.

All it highlights is the lengths Masters & Co went to, to shore up their prosecution. Money buys the best and ensures you get the decision you ask for. But no amount of money guarantees justice.

Billy Shears
13 Posted 04/09/2024 at 18:19:10
The cheeky bastards... Ask Man City for the money – at least they can afford it... we can't!

The best league in the world... my fucking arse!!

Phillip Warrington
14 Posted 04/09/2024 at 18:27:30
Do what a big club do: appeal it and tie it up in the courts for as long as possible.

Big clubs don't roll over and say okay.

Christine Foster
15 Posted 04/09/2024 at 18:31:43
Bob @10,

I think this may well end up in the too hard basket. It falls into interpretation of allowable expenses, what's reasonable, and what should be determined as acceptable.

Given the extent of use by clubs such as Chelsea in exploiting loopholes without prosecution, indeed actually being praised for their novelty by Masters, it only serves to underline the apparent way different clubs are treated.

Everton are condemned as wilful; Chelsea are novel...

Neil Lawson
16 Posted 04/09/2024 at 18:35:52
We pay our manager and our players obscene amounts of money.
We pay our lawyers obscene amounts of money.
We get paid for a proper week's work. It's not obscene.

How many of us are becoming wholly disenchanted with Premier League football? I haven't even mentioned the consistent cheating.

Maybe it's time for a reset, with Saturdays and weekday evenings spent watching lower league footie and rediscovering the word "enjoyment".

C'mon, Tivvy Town… C'mon, you Ambers.

(I have seen them win at Wembley twice in the last 25 years; but it's 1984 since I watched those in Blue win once.)

Danny O’Neill
17 Posted 04/09/2024 at 18:36:44
This gives me back-up that this is a vendetta. So, we are going to pay them £1.7M, with them covering the rest of the £4.9M. And they are going to pay us nearly £200K as well as covering the costs.

I don't confess to understand legalities, but my simple mathematical head, we seem to have financially bettered the Premier League?

The next match should be interesting. We've been volatile toward the Premier League for a while now, but this is like pouring petrol on the Blue Fire.

Best watch our backs.

Barry Rathbone
18 Posted 04/09/2024 at 18:43:48
Surprised we're not paying the full whack given we lost.
Duncan McDine
19 Posted 04/09/2024 at 18:57:53
Recently, I've been supporting a mate through a very shitty divorce where he's getting completely shafted. He'll be lucky to keep the shirt on his back.

His ex could get a job at the FA, she'd fit right in.

Christine Foster
20 Posted 04/09/2024 at 19:21:14
Barry, we didn't lose the appeal, hence they had to pay £200k, we had to share costs overall for their main prosecution which was reduced on our successful appeal.

The appeals court determined their view on what costs were reasonable and found in our favour.

As Danny said, watch this space, I bet they will be determined to have another bite at the cherry if they can.

Michael Boardman
21 Posted 04/09/2024 at 19:22:45
So Leicester, Chelsea, and probably Man City, do not pay a penny, nor get done for points.

I wish I could walk away from this shitshow of an Americanised league. Bring on the lawyers

Thanks, Bill, I really do think this started with you.

Martin Farrington
22 Posted 04/09/2024 at 19:23:32
Rule for one. End of.

The Premier League breach their own rules and thats fine.
No accountability. Charge what they want.

That the so-called independent appeal commission breach the payment rule ceiling, allowing it, is criminal. Bent as a 9-bob note.

The whole thing is an expensive charade. I hate them. They never do a tap for clubs but absorb vast amounts of money from them. For what?

Don Wright
23 Posted 04/09/2024 at 19:25:18
And on top of all that, Chelsea have been cleared by the Premier League for the sale of two hotels to a sister company to keep them compliant with Profitability & Sustainability Rules.

Total Bollocks.

Christy Ring
24 Posted 04/09/2024 at 19:31:36
The Premier League, Masters & Co – their constitution reads:

'We are all equal, but the Big 6 are more equal than others.'

Barry Rathbone
25 Posted 04/09/2024 at 19:39:06
Christine @20,

Thanks, so we did win after all – I sensed we had but people were moaning again.

Not an indicator of anything, of course, and I really should know better… but there ya go.

Danny O’Neill
26 Posted 04/09/2024 at 19:54:37
Apparently there is a chance that Leicester could still get done. They have got away with this one, but there's a chance they could be charged for the seasons after.

I think Man City's case is being reviewed in April. That will be interesting.

Ian Wilkins
27 Posted 04/09/2024 at 19:58:52
City's case being heard October, I think, Danny; outcome in the New Year.

Don't hold your breath.

Paul Ferry
28 Posted 04/09/2024 at 19:59:32
Good story by our Kieran's brother on how the North Wharf Road crew today decided that Chelsea did nothing wrong in selling their two hotels to Chelsea.

Chelsea hotel sale cleared by Premier League

Rob Halligan
29 Posted 04/09/2024 at 20:12:14
I thought Man City’s case was due to start this month?
Stephen Colby
30 Posted 04/09/2024 at 21:39:21
Linklaters huh!! Is that the same Linklaters who represented Moshiri in the purchase?

And the same Linklaters who still represent him on advising on a sale?

Mark Wynne
31 Posted 04/09/2024 at 22:21:51
And still Man City and Chelsea just get to say “Nothing to see here” and carry on as normal.
Craig Harrison
32 Posted 04/09/2024 at 22:27:02
On top of that, Chelsea will be earning at a minimum €50M just for showing up at the Club World Cup next summer.
John Pickles
33 Posted 04/09/2024 at 23:32:26
I suppose these costs will be added to our year-end losses and end up getting us docked another point.
Jack Convery
35 Posted 05/09/2024 at 01:20:03
It's about time solicitors costs were capped. Money for old rope. Charge what you like.

As for Chelsea selling off two hotels to another company owned by Boehly and being found okay in doing so… Can some please explain to me why if the the 2nd Boehly company sponsored Chelsea's shirts, the Premier League object? What's the difference between sponsorship money and buying money?

Corruption, the whole stinking mess – that's the Premier League. It's a wonder Masters baiting hasn't ended in us having to wipe his arse. Funt!

ps: What happens if we are £1.5M over the limit next time they take a look. Will the £1.7M be deductable?

Christine Foster
37 Posted 05/09/2024 at 07:25:01
Sigh...
Jim Bennings
38 Posted 05/09/2024 at 08:50:54
Let's beat the piss out of Leicester in 2 weeks time then have every player wear a "Premier League Corrupt As Fuck" vest underneath their shirts and unveil it at the end.

Jerome Shields
39 Posted 05/09/2024 at 08:51:36
Everton just seem to sleepwalk into everything. Fortunately there was arbitration for legal costs.

Trying it on, given the management of Everton, is to be expected.

Michael Kenrick
40 Posted 05/09/2024 at 08:56:35
A bit more on this from The Telegraph this morning:

The appeal verdict demonstrated the staggering legal resources lavished on these proceedings – for the Everton case the chargeable hours were equivalent to almost five months' worth of 24-hour days. All costs for governance are borne by the Premier League's 20 shareholders, and will be deducted from disbursements of central broadcast rights and commercial funds.

In the appeal verdict over Everton's PSR case costs, the Premier League counsel Jason Pobjoy argued that “the club's unreasonable conduct in the proceedings unnecessarily and significantly increased” costs for the Premier League. He also argued, according to the appeal judgement, that the denial of costs to the Premier League would create an “uncertainty” in future cases.

Everton's appeal against the original 10-point deduction was made on nine grounds upon which it failed in seven. On that basis the Premier League sought 70 per cent of its costs for that appeal. The appeal board disagreed. “We consider that the club clearly “won” the appeal,” it said. “The club's appeal was allowed, and its points deduction was reduced from 10 to six.”

And as a final zinger to the Premier League:

The Premier League was ordered to pay the costs for its appeal on the costs of the original PSR case.

Just compounds the utter madness of it all.

Kunal Desai
41 Posted 05/09/2024 at 09:24:16
It's amazing we haven't heard a single peep out of the man who is meant to be defending our great club at all costs this past year.

He's an absolute coward, hiding behind Usmanov. Needs to be gone, ASAP.

Garry Martin
42 Posted 05/09/2024 at 10:00:19
Rings of the assassin charging for his target's bullets.

The Premier League administration at its corrupt best.

Jim Wilson
43 Posted 05/09/2024 at 12:24:06
The instigators of this crime should be the ones to pay the bill.

To think that right now they are pushing Masters to have another go at giving Everton a further points deduction.

The effect of all this on Everton Football Club is incalculable.
And that is what it has been all about.

Danny O’Neill
44 Posted 05/09/2024 at 12:36:31
It is madness Micheal.

That extract demonstrates how that, although we have to foot some of the costs, the Premier League came out worse.

As I've said, let's just watch our backs now.

Maybe they'll move onto another target, but I'm not confident that we are still not in their sights.

Ed Prytherch
45 Posted 05/09/2024 at 13:13:53
The Premier League has behaved like the mafia.
Paul Birmingham
46 Posted 05/09/2024 at 13:23:53
Was this cost plan agreed prior to the start of the proceedings, or has the Premier League and Masters's gang of hoods brought this payment cost in later?

Christmas Bonus time?

Truly the English game stinks the place out.

Alex Winstanley
47 Posted 05/09/2024 at 13:50:19
I have said it before “The game is bent !” Sick of it all to be honest. Used to be if you started the season with a good squad of players and a good manager (not that we have that at present) you felt you had a chance of winning something. Those days are gone I fear ! man city’s second 11 will probably win both cups and they will walk the league title again. While the likes of us will celebrate if we get 14th place. It’s the young Evertonians like my son I feel sorry for !
Michael Kenrick
48 Posted 05/09/2024 at 14:05:37
Jim @43,

The instigators of this crime should be the ones to pay the bill.

So you think Everton should pay the whole bill? If they had either kept costs under control to follow the rules, or paid more to better lawyers to plead their case, it could perhaps have been avoided, but Everton where given a shitload of warnings by the Premier League and failed to right the listing ship.

Or perhaps you really think the Premier League 'instigated' the whole fiasco? But we've been through all that loads of times already.

Danny @44,

I think you're right: this goes down as a fairly significant win for the club, which many on this thread don't seem to get? Perhaps because they are more focussed on the negativity of the big picture?

Ed @45,

The Premier League are guilty of trying to implement rules that their member clubs voted for. Yeah, okay... I suppose that does sound a bit like the mafia.

Paul @46,

I think the costs incurred by both Everton and the Premier League will have reflected the determination and commitment on each side to secure a result, free of any 'cost plan' or prior agreement, but perhaps limited by the club's need to be frugal. Hence why the costs ended up 'eye-watering' and very different between the parties.

Ian Wilkins
49 Posted 05/09/2024 at 14:42:09
Michael,

Agree Everton were guilty of breaking PSR rules as voted for by Premier League clubs.

It’s not in dispute, they pleaded guilty.

But the treatment of all Premier League hasn’t felt equitable throughout. Everton were originally awarded 10 points ( more than administration), they had to follow the Appeal route to get some sanity to prevail.

Masters et al then followed exactly the same route for the 2nd charge, despite the fact there was clear double jeopardy and mitigation. Fortunately the 2nd Independent Commission agreed with us, not the PL.

Indeed mitigation applies for Chelsea ( hotel accounting) and for Man Utd ( Glazer share sale accounting) but not for Everton ( interest payment accounting).

Forest were applied leniency for good behaviour ( admitting guilt- as did Everton). Masters called out their exemplary behaviour- all changed when they Appealed and called the PL a pile of crooks.

As I said, Everton were guilty of breaking the rules, and due appropriate punishment.

The problem is there was no standard for appropriate punishment ( how would you not have a punishment tariff- leaves the whole process open to abuse and misinterpretation), and thereafter ( in the words of Andy Burnham), they made it up as they were going along.

The whole thing has felt inequitable and disingenuous, and moreover very pointed towards Everton.

Everton FC has the lowest PL net player spend over the last 3 seasons, by a country mile. We are on a different planet compared to Liverpool, United, Chelsea etc.

Admittedly we paid a price for what went before but there comes a time when some modicum of fairness must prevail.

Alan J Thompson
50 Posted 05/09/2024 at 14:46:06
Jason Pobjoy?

Any relation to the idiot who was Headmaster at Quarry Bank which was the first Liverpool school to abolish the cane, and corporal punishment, but allowed teachers to belt kids around the head?

Michael Kenrick
51 Posted 05/09/2024 at 15:03:21
Ian,

If you can accept that the rules were voted for by the clubs, well, the whole hearing process – independent commissions, appeals, and the inevitable different rulings depending on what each independent commission thought – are also written into the rules.

I know there's only me in this camp but the claim that it was the Premier League on some unfair vendetta against Everton – corrupt, with Masters determined to get us relegated – was simply not true and did not fit with the facts of the cases.

The Premier League gave Everton more than fair warning in the years leading up to this, seemingly ignored. It was entirely Everton's fault that they ended up with excess losses, and they gave up far too easily on the mitigations that should really have got them off.

If there was a shred of truth in that narrative, then surely Everton would be paying every penny of the £4.9M legal costs?

Ian Wilkins
52 Posted 05/09/2024 at 15:32:45
Michael,

I accept some of your points, we are not completely at odds, but I can’t accept that PSR is a fair and reasonable process and it is simply Everton’s incompetence ( tho we all accept some Everton incompetence) that they have fallen foul of it, in a way others have not.

They fell foul of the £105m over 3 years and admitted guilt, albeit Everton dispute the PL warnings, moreover claimed complete transparency with the PL throughout. Only those closest will know the truth.

Accepting guilt however, the PLs aiming for 10 points ( effectively twice), their failure to agree any mitigation, their differing treatment of Everton compared to Forest, Chelsea etc has never felt like a level playing field to me.

I’m not going to call it a vendetta, but it has felt disingenuous.

You talk about PSR rules but apart from the most basic of frameworks (£105m over 3 years, an Independent commission ( appointed by the PL), a right of Appeal ( to an Appeal body appointed by the PL), there is nothing…

No rules, no allowables/ disallowables or tariff for punishment, it’s each case on its merits, no two cases treated the same. You will never deliver fairness if that’s the approach.

Only the legal framework around it got us to 8 points instead of 18. 18 being the PLs directive.

To me this has not appeared a clear, transparent process, anything but.

We have not had to pay the £5m, despite the PL billing us for it, because lawyers once again judged the PLs take on events and approach to be wrong and unjust. They have apportioned cost fairly, at odds with the PL chiefs.

History repeating itself.

Justin Doone
53 Posted 05/09/2024 at 16:29:49
From a simple fan's perspective, it's a lot of money to pay for bullshit!

It's a bit like the new offside rules, overly complicated, unclear, inconsistent and no longer does what the rule was designed for.

Rather than make it simpler and easier to understand, to referee and comply, the game's rulemakers have done the exact opposite.

Again, a lot of money for...

Jim Wilson
54 Posted 05/09/2024 at 17:08:58
Michael @ 48,

Everton's naive stupidity in all of this is obvious. They thought and were probably led to believe if they admitted guilt they would receive a fine.

Unfortunately, Bill is no longer here to confirm or deny. But surely you can see the Premier League have done everything they can to help other clubs receive no punishment while ignoring obvious and viable mitigations for Everton confirmed by appeals.

It has been a completely vindictive stitch-up.

David McMullen
55 Posted 05/09/2024 at 20:46:36
I'm bored of it now. The Premier League and Masters are shits. Everton? Got us in a mess.

We'll continue to get the shit end of everything. Until such a time a new owner comes in and sweeps away the failed.

Paul Birmingham
56 Posted 05/09/2024 at 21:11:41
Thanks for your insights Mike @48.

How clubs who become caught up in any Masters FFP disputes this season are treated will be interesting.

George Stuart
57 Posted 06/09/2024 at 02:03:24
New dimensions in torture.
They stick the knife in, twist it, and make you pay for the knife. Viscious.
Meanwhile elsewhere it's reported Chelsea have sold two hotels to their owner in order to raise finance for their owner.
Now they can spend squillians.

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