Legal experts believe many clubs will be awaiting the outcome of the hearing into the 115 charges against Man City with keen interest
It emerged this week that four rivals – Arsenal, Manchester United, Liverpool and Tottenham Hotspur – had set in motion proceedings to seek compensation pending the outcome of the hearing.“I find it very hard to believe only four clubs intend to claim compensation,” Stefan Borson, a corporate lawyer and former financial adviser to City, tells“If you’re another club, you don’t know what the Independent Commission is going to say.
“That might be one reason a club might chose not to go down W.51.5 route and have the Independent Commission decide and publish its decision. If I was a club, I might like the idea that none of the details would come out, except in the accounts a year later.Clubs can take separate action via the Football Association, under Rule K – for which there is precedent.
And option one may be problematic, due to the enormity of the fallout. The Independent Commission currently dealing with the 115 charges hearing could struggle to deal with a flurry of compensation claims if the substantial charges against City are proven. Many of the charges relate to the club failing to co-operate with the Premier League’s investigation. If these are the only ones proven, it will likely end the prospect of further action.
As well as proving causation, there is, Borson says, another line of attack. “In English law, there is also the concept of loss of a chance. If I was advising clubs I would be thinking about loss of a chance. It’s a potentially lower hurdle from a causation perspective.
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