Pilgrims' Patter
The Forum => The B-Ark => Topic started by: Terry dactyl on June 23, 2009, 10:18:12 AM
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Interesting story..
http://http://www.sportsecho.co.uk/football/boston_united/news/displayarticle.php?ID=7441
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Let's be very careful here. There's probably a rule that states that reading and trying to understand the rules is an offence worthy of demotion if your club's name begins with a B, contains at least two Os, and ends in United.
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Seems the Chestnuts are starting to come round to the Conference 'click' idea that all clubs are equal but some clubs are more equal than others thinking that fans have known for years.
Do I get kudos for quoting Orwell on a football forum and it not being about the top shelf version of Animal Farm?
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Cant see this happening to be honest.
By the looks of it our situation was different to Northwich's, but i would love it if we did win anything, as a big "feck you" to the Conference.
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If the F***ing A****oles had not demoted BU that extra league I think that on last seasons performance we would have done it ourselves anyway. It may have prevented us getting into further debt and did us a favour. As for the legal action perhaps we could set up a fund for donations to screw the fa legally. What they did to BU was pure vindictiveness, bloody minded and personal almost to the point of it being a vendetta against the club. Its a shame they havent got the balls to go after the folk who were responsible for the mess in the first place instead of throwing their weight around after easy targets.
Might change my name to Mr. Angry.
As for Scott and Hurst-----keep going, the faithful are with you and the wingers are just----well there just wingers. Roll on the new season and if you need someone to stand uselessly on the wing then I'm your man.
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If the F***ing A****oles had not demoted BU that extra league I think that on last seasons performance we would have done it ourselves anyway. It may have prevented us getting into further debt and did us a favour. As for the legal action perhaps we could set up a fund for donations to screw the fa legally. What they did to BU was pure vindictiveness, bloody minded and personal almost to the point of it being a vendetta against the club. Its a shame they havent got the balls to go after the folk who were responsible for the mess in the first place instead of throwing their weight around after easy targets.
Might change my name to Mr. Angry.
As for Scott and Hurst-----keep going, the faithful are with you and the wingers are just----well there just wingers. Roll on the new season and if you need someone to stand uselessly on the wing then I'm your man.
Its Whingers i think, not wingers, they play the football, and we havent really got any here, apart from Chelsea.
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The way I understand it, and please bear in mind that this is based on media reports and not having viewed the actual rules, is that the rule is that any club subject to an insolvency event on the second Saturday in May would not be eligible for membership of the Conference for the forthcoming season. "Insolvency event" is defined as being in administration, having a company volunatry agreement (CVA) or - and this is key - having applied to go into administration.
While Northwich technically entered administration after the second Saturday in May, it is my understanding that they applied to go into it before that date. If that is the case, then they contravened the rule and should have been demoted, which would mean (although I'm no lawyer!) that we have a very good grounds for legal action.
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Can we go to a court of law on the basis that the rules in a sporting event are unfair or not enforced fairly?
If we do not go to a court of law who do we appeal to? The FA?
Genuine questions. I do not know.
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The way I understand it, and please bear in mind that this is based on media reports and not having viewed the actual rules, is that the rule is that any club subject to an insolvency event on the second Saturday in May would not be eligible for membership of the Conference for the forthcoming season. "Insolvency event" is defined as being in administration, having a company volunatry agreement (CVA) or - and this is key - having applied to go into administration.
While Northwich technically entered administration after the second Saturday in May, it is my understanding that they applied to go into it before that date. If that is the case, then they contravened the rule and should have been demoted, which would mean (although I'm no lawyer!) that we have a very good grounds for legal action.
if your not a lawyer then you should seriously consider it
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Can we go to a court of law on the basis that the rules in a sporting event are unfair or not enforced fairly?
If we do not go to a court of law who do we appeal to? The FA?
Genuine questions. I do not know.
My gut reaction is that we could sue for loss of earnings. We could argue that we'd have had higher crowds, better season ticket sales, higher sponsorship, more prize money, later entry into FA Cup etc if we'd been in Conference North. If the Conference (or FA) have been negligent in their application of their rules then they are responsible for this loss.
I'd imagine we would be making a claim to The Court of Arbitration for Sport, but I'm honestly not sure.
if your not a lawyer then you should seriously consider it
Gracias. ;D
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The Northwich Guardian says appendix E, the grounds on which the Conference demoted both clubs, is as follows:
A Club will not be eligible for membership of the Competition for the following season if by the second Saturday in May in the current season it shall be subject to an Insolvency Event.
Similarly, a Club shall not be eligible for membership of the Competition for the following season if between the second Saturday in May and the Annual General Meeting of the Company it has undergone an Insolvency Event.
Further, a Club will not be eligible for membership of the Competition for the following season if it shall have entered into an Insolvency Event during the preceding season and have exited such Insolvency Event without paying its creditors (including but not limited to football creditors) in full.
In the event of a Club suffering an Insolvency Event after the Annual General Meeting of the Company and prior to the start of the new season then the Club will cease to be eligible for membership of the Competition for the new season and the Club will be relegated from the Competition to a level within the National League System as may be decided upon by the Football Association.
Source: http://www.northwichguardian.co.uk/vics/4423534.Conference_rules__Appendix_E_in_full/ (http://www.northwichguardian.co.uk/vics/4423534.Conference_rules__Appendix_E_in_full/)
Looking at the second paragraph, I'd think Northwich's transgression is about as blatant as you can get. We were presumably demoted on the grounds of the first paragraph, but at least with us you could claim there's some ambiguity - arguing that we were still in rather than subject to an insolvency event by the second Saturday in May, the only event to affect it in that time was coming out of the thing.
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The way I read it, the last paragraph seems to say that appendix E concerning being thrown out for insolvency isn,t the issue because rule 14 states that punishment for insolvency is a 10 point deduction only
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Can we go to a court of law on the basis that the rules in a sporting event are unfair or not enforced fairly?
If we do not go to a court of law who do we appeal to? The FA?
Genuine questions. I do not know.
My gut reaction is that we could sue for loss of earnings. We could argue that we'd have had higher crowds, better season ticket sales, higher sponsorship, more prize money, later entry into FA Cup etc if we'd been in Conference North. If the Conference (or FA) have been negligent in their application of their rules then they are responsible for this loss.
I'd imagine we would be making a claim to The Court of Arbitration for Sport, but I'm honestly not sure.
Has such a thing been done before? Would this set a precedent.
Football teams would be claiming against referees that make bad desicions that result in them losing revenue.
I'm all for us getting anything but I feel that it would probably be another wasted £20K on legals and more bad publicity people seeing "BUFC" and "Courts" in the same sentance even though we would be the plaintiff this time.
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Can we go to a court of law on the basis that the rules in a sporting event are unfair or not enforced fairly?
If we do not go to a court of law who do we appeal to? The FA?
Genuine questions. I do not know.
Its a long journey but it as to start with a aproach to the confrence again then the fa followed by court and basicilly you can take it to the biggest court that you want longs you have a solid base for it
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Well one good thing is that the Setanta crisis wont affect us!
It will be interesting to see the repercussions of this
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Well one good thing is that the Setanta crisis wont affect us!
It will be interesting to see the repercussions of this
Verry true as i understand it from all the reading that a lot of clubs are 75 k short from last year and with it now been gone will have to ajust any budget for this season.
75 k may not be much for the fat cats but for teams from league 2 downwards its a big issue
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One repercussion of the Satanta downfall is thier will be even more players looking for clubs.
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Take a look at Chester City. They went into administration in may after the end of the season. Then the bloke who put them into administration took them out by setting up a Company Voluntary Agreement ( 15p in the pound) 2 days before the conference AGM. A CVA is insolvency however they were deducted 10 points next season. Also they were told it would only be 10 points before they went into administration. Another case of the conference and FA if you face fits or in our case revenge of the conference.
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Chester is different. They were not in admin at the 2nd Saturday in May, so have their place in Conference Premier. They then went into admin, earning a 10 point deduction. As they were not in admin at the AGM, they were eligible for the Conference Premier.
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But if they are still in it by the end of next season then its hello Unidump i think
They should get out of it by then anyway...
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true, Chester went into admin on 17th May 8 days after the 2nd saturday. obviously planned this so they could avoid the drop. However it is another example of the farce that has become the conference rules. pity is Evans and co did not read the rule book before putting us into admin before the 2nd saturday in may.
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http://www.sportsecho.co.uk/football/boston_united/news/displayarticle.php?ID=7441
Lets take the conference for every penny they got
Robbing B*stards
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I read somewhere that Northwich would have lost £180,000 by being demoted which means that rightly or wrongly being demoted twice means that we have lost £ 360,000 in missed t.v revenue. I thought the conference reason behind demoting us was to help out financially which is every more drivel if you ask me.