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What happened to our appeal ?


alpine_saint

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If you guys had only listened to, and read, Mark Fry's latest statement, he clearly states that the appeal is a Southampton Football Club matter, that he has nothing to do with SFC. That the appeal is being handled by SFC directors and the new owners (if any)

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No, Alpine is absolutely right. All the money for an appeal has been spunked on a gold statue of Mark fry.

 

Reading some of the posts on here i'd say Mark Fry should have a quick look over his shoulder before tieing his laces up.

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If you guys had only listened to, and read, Mark Fry's latest statement, he clearly states that the appeal is a Southampton Football Club matter, that he has nothing to do with SFC. That the appeal is being handled by SFC directors and the new owners (if any)

 

But surely this isnt going to wait ?

 

The new season starts in 3 months, and we have no idea how long the appeal will take.

 

Besides, why is this nothing to do with him suddenly ? Firstly, it affects the value of SLHs assets AND he was busy commenting on his anger at the FL decision a week ago..

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Haven't we missed the deadline for lodging an appeal:

 

 

12.3.5 A Club may only appeal against an automatic deduction of points on the

ground that the insolvency proceedings arose solely as a result of a

Force Majeure event (the ‘Appeal’).

For the purposes of this Regulation 12, a ‘Force Majeure’ event shall be an event

that, having regard to all of the circumstances, is reasonably considered to have

been unforeseeable and unavoidable.

12.3.6 Any Appeal must be in writing and be received by the League at its

registered office no later than 7 days after The League serves the Notice [setting out points deduction].

The Appeal must contain a statement setting out the grounds of appeal and

provide copies of any documentation upon which the Club intends to rely in

support of the Appeal.

12.3.7 The Club must also lodge with the Executive, at the same time as the Appeal,

a deposit of £5,000 in respect of the costs of the appeal.

12.3.8 Upon receipt of the Appeal the Executive shall refer the matter to a Sporting

Sanctions Appeal Panel (the SSAP) by delivering to the Chartered Institute of

Arbitrators (or such other body as the Board may from time to time determine)

five copies of the appeal documents.

12.3.9 The SSAP shall consist of three Arbitrators, one of whom must be a barrister of at

least 5 years call who will act as Chairman of the SSAP, each to be appointed by the

Chartered Institute of Arbitrators (or such other body as the Board may from time to

time determine).

12.3.10 The League shall, immediately upon receipt of the Appeal, instruct a firm of

independent accountants to carry out a review of the Club’s activities for the

purposes of preparing an independent report into the circumstances surrounding

and leading up to the entering into insolvency proceedings. The Club shall meet the

costs of preparation of that report in any event. The report shall be provided to the

Club, the SSAP and The League.

The SSAP shall take into account the contents of that report when determining

whether the insolvency proceedings arose solely as a result of a

Force Majeure event.

12.3.11 Both the Club and The League shall be entitled to make representations to the

SSAP. The SSAP shall hear any appeal within 21 days of the lodgement of

the Appeal.

12.3.12 The SSAP shall have the power to:-

a confirm the deduction of ten points; or

b set aside the deduction of ten points and substitute a deduction of such

lower number of points as it shall deem appropriate; or

c order that there shall be no sanction at all.

12.3.13 The decision of the SSAP shall be final and binding. Any costs incurred by any

party in proceedings brought before the SSAP shall be met by the Club in any event

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Reading some of the posts on here i'd say Mark Fry should have a quick look over his shoulder before tieing his laces up.

 

You're not wrong - I'd wear 'slip ons' for the duration, just to be on the safe side...!!! ;)

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Haven't we missed the deadline for lodging an appeal:

 

 

12.3.5 A Club may only appeal against an automatic deduction of points on the

ground that the insolvency proceedings arose solely as a result of a

Force Majeure event (the ‘Appeal’).

For the purposes of this Regulation 12, a ‘Force Majeure’ event shall be an event

that, having regard to all of the circumstances, is reasonably considered to have

been unforeseeable and unavoidable.

12.3.6 Any Appeal must be in writing and be received by the League at its

registered office no later than 7 days after The League serves the Notice [setting out points deduction].

The Appeal must contain a statement setting out the grounds of appeal and

provide copies of any documentation upon which the Club intends to rely in

support of the Appeal.

12.3.7 The Club must also lodge with the Executive, at the same time as the Appeal,

a deposit of £5,000 in respect of the costs of the appeal.

12.3.8 Upon receipt of the Appeal the Executive shall refer the matter to a Sporting

Sanctions Appeal Panel (the SSAP) by delivering to the Chartered Institute of

Arbitrators (or such other body as the Board may from time to time determine)

five copies of the appeal documents.

12.3.9 The SSAP shall consist of three Arbitrators, one of whom must be a barrister of at

least 5 years call who will act as Chairman of the SSAP, each to be appointed by the

Chartered Institute of Arbitrators (or such other body as the Board may from time to

time determine).

12.3.10 The League shall, immediately upon receipt of the Appeal, instruct a firm of

independent accountants to carry out a review of the Club’s activities for the

purposes of preparing an independent report into the circumstances surrounding

and leading up to the entering into insolvency proceedings. The Club shall meet the

costs of preparation of that report in any event. The report shall be provided to the

Club, the SSAP and The League.

The SSAP shall take into account the contents of that report when determining

whether the insolvency proceedings arose solely as a result of a

Force Majeure event.

12.3.11 Both the Club and The League shall be entitled to make representations to the

SSAP. The SSAP shall hear any appeal within 21 days of the lodgement of

the Appeal.

12.3.12 The SSAP shall have the power to:-

a confirm the deduction of ten points; or

b set aside the deduction of ten points and substitute a deduction of such

lower number of points as it shall deem appropriate; or

c order that there shall be no sanction at all.

12.3.13 The decision of the SSAP shall be final and binding. Any costs incurred by any

party in proceedings brought before the SSAP shall be met by the Club in any event

 

Indeed.

 

(I hope you have not infringed any copyright laws by pasting that..)

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Haven't we missed the deadline for lodging an appeal:

 

 

12.3.5 A Club may only appeal against an automatic deduction of points on the

ground that the insolvency proceedings arose solely as a result of a

Force Majeure event (the ‘Appeal’).

For the purposes of this Regulation 12, a ‘Force Majeure’ event shall be an event

that, having regard to all of the circumstances, is reasonably considered to have

been unforeseeable and unavoidable.

12.3.6 Any Appeal must be in writing and be received by the League at its

registered office no later than 7 days after The League serves the Notice [setting out points deduction].

The Appeal must contain a statement setting out the grounds of appeal and

provide copies of any documentation upon which the Club intends to rely in

support of the Appeal.

12.3.7 The Club must also lodge with the Executive, at the same time as the Appeal,

a deposit of £5,000 in respect of the costs of the appeal.

12.3.8 Upon receipt of the Appeal the Executive shall refer the matter to a Sporting

Sanctions Appeal Panel (the SSAP) by delivering to the Chartered Institute of

Arbitrators (or such other body as the Board may from time to time determine)

five copies of the appeal documents.

12.3.9 The SSAP shall consist of three Arbitrators, one of whom must be a barrister of at

least 5 years call who will act as Chairman of the SSAP, each to be appointed by the

Chartered Institute of Arbitrators (or such other body as the Board may from time to

time determine).

12.3.10 The League shall, immediately upon receipt of the Appeal, instruct a firm of

independent accountants to carry out a review of the Club’s activities for the

purposes of preparing an independent report into the circumstances surrounding

and leading up to the entering into insolvency proceedings. The Club shall meet the

costs of preparation of that report in any event. The report shall be provided to the

Club, the SSAP and The League.

The SSAP shall take into account the contents of that report when determining

whether the insolvency proceedings arose solely as a result of a

Force Majeure event.

12.3.11 Both the Club and The League shall be entitled to make representations to the

SSAP. The SSAP shall hear any appeal within 21 days of the lodgement of

the Appeal.

12.3.12 The SSAP shall have the power to:-

a confirm the deduction of ten points; or

b set aside the deduction of ten points and substitute a deduction of such

lower number of points as it shall deem appropriate; or

c order that there shall be no sanction at all.

12.3.13 The decision of the SSAP shall be final and binding. Any costs incurred by any

party in proceedings brought before the SSAP shall be met by the Club in any event

 

Errr thanks for that BE - would you just like to pick the bones out of that for us and maybe just give us the abridged version...???

 

Edit: Ohhhh errr you did - apologies - age must be catching up with me - sorry...!!!

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Why dont we all ask Stupert Lowe what to do at the Forest game this weekend? He will have ALL the answers I am sure...he might even make a donation to SOS?! Forest have provided him with a directors box seat so he can view all he has created...should be fun for us all to see him there before, during and after the game...;)

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Then we are not entitled to appeal then.

 

Btw, I would say Rupert Lowe coming back counts as a "Force Majeure"....

 

Let's just wait and see. Nothing at all might happen - in fact, I wouldn't be at all surprised.

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Decided we couldnt afford the lawyer, or what ?

 

they have taken legal advice, appointed a potential legal team and are pursuing until new owners can make a decision as to whether they want to continue.

 

Fry has said he wants to ensure everything is in place and all is ready to go.

 

hth.

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Here's hoping this legal advice is from a different source to the legal advice that Lowe took when he was seemingly assured that the 10 point penalty 'avoidance' was water tight in the first place?

 

The name Lionel Hutz comes to mind... "Why Mr Lowe this could be the worse case of false administration since the last one"!

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the lawyer dealing with the points deduction is the guy who represented ashley cole in the Chelsea v arsenal tapping up case and won and also jensen button and won and tennis player greg rudeski in his drug case and won-no link between having a holding company and any league rule-saints will get the points back.

 

I wonder, that now we are officially relegated, if the FL will fight our appeal as rigorously as they would have done if we had stayed in the CCC.

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the lawyer dealing with the points deduction is the guy who represented ashley cole in the Chelsea v arsenal tapping up case and won and also jensen button and won and tennis player greg rudeski in his drug case and won-no link between having a holding company and any league rule-saints will get the points back.

 

 

Bet we don't.

 

We've broken precisely the same rules as everyone else who has been deducted points and as a result we've been deducted points.

 

An appeal would be just further bloody embarrassment.

 

The football league's defence will be to stroll into the court room with an old fashioned cassette player, play a recording of Leon Crouch's five minutes of glory on five live, tip their hats and stroll back out of the court room.

 

Suck it up chaps. Ten point deduction, fair and square.

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Bet we don't.

 

We've broken precisely the same rules as everyone else who has been deducted points and as a result we've been deducted points.

 

An appeal would be just further bloody embarrassment.

 

The football league's defence will be to stroll into the court room with an old fashioned cassette player, play a recording of Leon Crouch's five minutes of glory on five live, tip their hats and stroll back out of the court room.

 

Suck it up chaps. Ten point deduction, fair and square.

 

More like 5 seconds was enough!!!!!

 

Had to chuckle when visualising your account of the League's lawyers just strolling in, pressing play, then strolling out, without uttering a word!!!!!

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I wonder, that now we are officially relegated, if the FL will fight our appeal as rigorously as they would have done if we had stayed in the CCC.

 

I suggested last week that the FL may have dished out the 10 point penalty in the knowledge that they stood a good chance of losing an appeal on the basis of 'what had they got to lose'?

 

Even if/when they lose the appeal at least they can turn around to every club who might have been agrieved at us 'getting away with it' that at least they tried to act tough....

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I suggested last week that the FL may have dished out the 10 point penalty in the knowledge that they stood a good chance of losing an appeal on the basis of 'what had they got to lose'?

 

Even if/when they lose the appeal at least they can turn around to every club who might have been agrieved at us 'getting away with it' that at least they tried to act tough....

I agree. That would be the politically acceptable solution to everybody.

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