Surprisingly old in-house lawyer | weekend academic | media, entertainment, sports law | @IntSportsLawJ | @BathCitySociety | views here all my own/disappointing
I was beyond excited to have appeared on this week's @BBCRadio4 Law In Action with @JoshuaRozenberg talking #FFP, Man City, UEFA, and CAS. You can check it out here: https://t.co/la1NCdSKRa or here https://t.co/Q2mASz5QWo, or when the show airs again at 8pm on Thursday.
This is obviously the time to completely rethink financial regulation by leagues. Doing so for the sake of financial stability/solvency is otiose (and, I argue, potentially unlawful) in an IFR world.
Either rethink the fundamental purpose or move on altogether. Either works.
🤓 PL and EFL tribunals are struggling with the P&S and PSR rules - what they say, what they are meant to say and what they mean. And there is no answer.
Consider this section from Burnley v Everton.
Everton say that until 30 June passes no PSR Calculation can be made so no breach occurs. The IC say this is wrong and inconsistent with the PSR regime in the rules.
But consider it the other way with, say, Chelsea in 2022/23. According to this rationale, Chelsea played their entire 22/23 season in a breach position but cured it only (and technically) on 29 June with the hotel sales to itself. This is undoubtedly also, to quote the IC in B v E "at variance with the PSR regime".
However, the IC can't really be saying that all of the intra-season breaches including those creating sporting advantage are cleansed by a hotel sale. This makes no practical sense nor any purposive sense.
So what is the correct position? I don't think anyone knows.
@slbsn I agree, and in general I think a more outcomes focused rather than a more technical, rules based, procedural process would make much more sense. But…that’s what the IFR is there to do. Why do it twice (and by more restrictive means)?
I’m proud to say my article “The Football Governance Act, the Independent Football Regulator, and the Regulation of Football Finance in England: Legal, Regulatory, and Policy Considerations” has been published in the International Sports Law Journal here https://t.co/yvsnWxyppr
I was beyond excited to have appeared on this week's @BBCRadio4 Law In Action with @JoshuaRozenberg talking #FFP, Man City, UEFA, and CAS. You can check it out here: https://t.co/la1NCdSKRa or here https://t.co/Q2mASz5QWo, or when the show airs again at 8pm on Thursday.
Published earlier in the year, my summary of the major changes to the substantive financial regulatory rules for UEFA competitions. Goodbye FFP, hello FSRs.
https://t.co/CE7tE2Z8Td
I’m proud to say my article “The Football Governance Act, the Independent Football Regulator, and the Regulation of Football Finance in England: Legal, Regulatory, and Policy Considerations” has been published in the International Sports Law Journal here https://t.co/yvsnWxyppr
If you only digest one piece of content about the Independent Football Regulator, let it be the @nickdemarco_@BlackstoneChbrs podcast here https://t.co/db1mPbRHjb
Streaming now, episode 16 of the Sports Law Podcast: Artificial Intelligence in Sport.
@nickdemarco_ is joined by Harry Borovick, Christopher Flanagan (@LegalManFC), Christian Nourry and Marlena Valles.
https://t.co/lSKEtrL7NJ
this thread was supposed to be about the Football Governance Act but someone left an interesting comment on TikTok so here’s more. No I don’t know why I’m smiling like that at the beginning either.
Hello.
Intending to do a series of video shorts on the Football Governance Act, which is an interesting piece of law in very many ways, and I don’t think people are really aware of what it will mean for football yet.
Starting now.
Post script I didn’t have time to go into*, but practically speaking it would usually be the non-English club being subject to the blind trust, so I don’t think there’s are huge impediments here. But I think the issues around shadow directors etc are v interesting nevertheless.
@slbsn@Marcotti Fundamentally agree I think (and thanks!). There’s a reckoning coming but I’d be surprised if this is it. Interesting new tension though.
@Marcotti@slbsn buuuut, I do think there is an obvious deflationary impact that should be biting on the market but isn’t (due to uncertainties I suppose).