There are indications that the long-threatened compensation claim by Burnley FC against Everton is to go ahead in the summer. The hearing is set to take place at the International Dispute Resolution Centre for Arbitration and Mediation in London.
One of the findings from the first Independent Commission orchastrated by the Premier League that initially deducted 10 points from Everton for claimed breaches of Profitability and Sustainability Rules (PSR) in the 4 years up to 2021-22 was the green light for other clubs to claim compensation, on the basis that a sporting advantage had been gained unfairly.
In a story at The Lawyer that now seems to have been removed or is no longer accessible, it was claimed earlier today that Everton would employ the services of highly renowned Silk, Laurence Rabinowitz KC, to defend them. A second name later appeared, that of Mark Howard KC, seemingly already coming in as a substitute to replace Rabinowitz.
The same independent commission that imposed the 10-point deduction on Everton initially will also decide on the compensation for any claims for financial damages associated with it by aggrieved clubs. The commission’s chairman, David Phillips KC, had previously stated: “I am satisfied that the applicant clubs have potential claims for compensation” after rejecting a bid by five clubs to be a part of the commission proceedings.
The basis of any claim for damages dates back to season 2021-22, when Burnley finished 17th on 35 points and were relegated from the Premier League 4 points behind The Toffees, who finished 16th.
Burnley claim that Everton’s initial 10-point deduction (subsequently reduced on appeal to a 6-point deduction) should have rightly been applied in that season, and not deferred to the following season. In which case, it would have pushed Everton down into the relation zone on 33 points, thus allowing Burnley to have stayed in the Premier League… with what would have been massive consequences to The Toffees.
The subsequent 2-point deduction also levied in 2022-23 would have seen Everton still stay up on goal difference in a season when Leicester, Leeds and Southampton were all relegated. Those three clubs, as well as Nottingham Forest, dropped their compensation claims upon the reduced penalty.
Quite how much, if any, compensation Burnley would be entitled to remains rooted in legal arguments between the two clubs and could take some time to fathom out given that there has been no precedent in the Premier League, beyond the somewhat different case when Sheffield Utd sued West Ham Utd for using players deemed later to be illegal when third-party ownership issues came to light.
Note: the following content is not moderated or vetted by the site owners at the time of submission. Comments are the responsibility of the poster. Disclaimer ()
Posted 12/03/2025 at 18:27:03
I see Burnley are pursuing a case for compensation from us for their relegation from the Premier league. Everton have appointed Mark Howard KC to fight the claim according to the Echo.
“Burnley have brought legal action against Everton over what the Clarets perceive to be a loss of revenue attributable to relegation in at the end of the 2021-22 season, a campaign when the Toffees breached PSR, with the actual punishment coming the following season when the club were hit with a second breach for the 2022-23 accounts.”
“Everton’s engagement of Howard was first reported by The Lawyer website, with the hearing set to take place at the International Dispute Resolution Centre for Arbitration and Mediation in London.
The same commission that imposed a ten-point deduction on Everton initially is also deciding on the compensation for any claims for financial damages associated with it by aggrieved clubs. The commission’s chairman, David Phillips KC, had previously stated: “I am satisfied that the applicant clubs have potential claims for compensation.”
This was the same commission that was roundly condemned since wasn’t it? By allowing this claim surely its opening floodgates against any clubs to be liable for compensation for any off field transgressions that later come to light? Man City for example?
Should Burnley get promotion, I doubt their team, supporters or management will be welcomed in any way on their return.
It’s corruption of the game to allow clubs to sue other clubs for on-field decisions or results. What’s next? Clubs sueing clubs for bad tackles to star players or refereeing decisions that cost them points?
This is far bigger than Burnley sueing for compensation, the door should never have been opened for it, but thanks to a corrupt set of points deductions and arbitrary decisions by the commission, the gift that never stops giving will continue.
Burnley should be roundly condemned for taking this action, both morally and legally, opening the door for clubs to sue clubs was a disgraceful decision by the Premier League commission, yet another reminder why Masters and Co should go.
See link: https://www.liverpoolecho.co.uk/sport/football/football-news/everton-make-key-appointment-legal-31186208
Posted 12/03/2025 at 19:22:30
God help Man City if they lose. The entire league could sue them.
Posted 12/03/2025 at 20:48:38
Let them, Christine. They got relegated because they didn’t win enough points to stay up.
We’ll be suing Liverpool next for the events of May 1985.
Posted 12/03/2025 at 21:08:42
Christine,
The whole thing really stinks… but I’ll think you’ll find that the idea of clubs sueing each other for compensation comes from the Premier League Handbook, and thus is the will of the clubs themselves.
The Independent Commission were just doing their job in reading the Handbook and implementing its rules.
Posted 12/03/2025 at 21:31:40
As far as I am aware (which mightn’t be much) on two occasions, Man City have driven a legal horse and cart through the Premier League’s whole PSR stance, so in effect Burnley are arguing under false pretences – but no doubt we’ll get dragged through the courts.
Or at least the Old Everton might, hopefully this new lot have a bit more bottle and more importantly – Nouse.
Posted 12/03/2025 at 21:34:47
So we are all PL lawyers?
We all know it is a corrupt game run now by a ridiculously insane PL “rule” book. and the victims of such “laws” have been us but equally important, so much is designed to keep PL sellable to other countries/media outlets.
So more more money arrives, we buy or appoint favourite “foreigners” as players or managers and on it goes.
Evertonia?
Bramliousa Docksa. (Beer)
For £xm, seems great for £200m worth of rubbish…if PL allowed it.
Seriously, we love our club but, love the game now?
Umm. Hard.
Posted 12/03/2025 at 21:36:14
MK…smarter than me. Totally agree.
Posted 12/03/2025 at 21:36:18
We should be suing them for Dyche, Stone and Woan
Posted 12/03/2025 at 21:37:17
Burnley’s argument seems to be that the points deduction should have been applied in that same season in which they were relegated.
As that’s outside of Everton’s control, surely it’s the football authorities responsible for the process that Burnley should be suing?
Posted 12/03/2025 at 21:40:35
Remember footy Dennis 9? We all forget it now it seems…me included.
Posted 12/03/2025 at 21:46:19
Ged,
Not sure if the globalization of the Premier League was an objective… or just an organic thing that has happened over time and was (at least it seemed for a period) justified by the ‘excitement’ the games created for anyone watching, from near or far.
Posted 12/03/2025 at 21:46:42
The fact that the past is still haunting us shows just how badly we’ve been run under Moshiri. Stadium great. But everything else a complete disaster.
If Moshiri had been remotely competent in anything related to football ,we would at the very least be where Villa are – heading for a 6-1 win in the round of 16 of the Champions League.
Posted 12/03/2025 at 21:52:04
Dennis,
There was a decision made to delay the first Independent Commission — there was not enough time to get through the process before the end of that season — but I think Everton were more than a party to the decision… they may have even requested it!
Posted 12/03/2025 at 21:54:29
‘…excitement’? MK?
Well done with “top commas”!
Hard to work out.
Exciting or did we fall for the money, TV and tabloid idea… IT IS THRILLING?
Posted 12/03/2025 at 21:58:29
Not
Posted 12/03/2025 at 22:01:40
Just when things started to look positive this comes along.
Wait till Leicester and Leeds join in.
Posted 12/03/2025 at 22:02:20
Only the lawyers will win this and don’t forget we got conned into getting Michael Keane surely that was punishment enough.
Posted 12/03/2025 at 22:17:05
Everton requested the delay in Commission hearing date..
The rules were agreed by all PL members, including us…
The PL Commission findings opened the door to compensation from other teams.. explicitly said compensation would be applicable…
Another fine mess you got us into Moshiri.
Over to the lawyers again…
Posted 12/03/2025 at 22:21:32
Ged,
I do remember a time in the dim and distant past when it was great to watch. Vague memories of a Manchester derby that was brilliant end-to-end stuff… I think it was 3-3 by the final whistle.
That was way back in the mid-1990s I think — and I was indeed watching on TV from a foreign land.
Posted 12/03/2025 at 22:38:52
It seems to me that this is Burnley going rogue.The Premier League did not take action on submissions.I doubt if they will be successful, but if they were it would open up a whole can of worms, for more than Everton.
Posted 12/03/2025 at 22:54:06
As Danny said can we sue the rs for Heysel? Or the super league? Or city? Burnley getting cold feet their successive 0-0 draws won’t get them back to the prem. They’re team and Citu are a joke.
Posted 12/03/2025 at 22:56:47
“We’ll be suing Liverpool next for the events of May 1985.”
Probably too late now but we absolutely should have!
Kagsefoot
Posted 12/03/2025 at 23:01:07
According to Wikipedia (paraphrasing) Burnley is a CHAV town of 70,000 with origins in Medieval times though stone aged tools have been found there. These stone sged tools continued to be of use to Sean Dyche tactically well into the 21st century.
Posted 12/03/2025 at 23:05:00
Mark, ELBO’s.
Posted 12/03/2025 at 23:07:14
Paul # 16…….Leeds and Leicester can’t “Join in”, because they’ve dropped their case, and I’m pretty sure they can’t just decide to open it again.
Posted 12/03/2025 at 23:08:22
Burnley won’t get anywhere with this because while we were done over on PSR because the rules changed to include infrastructure while we were building BMD, there was no on-pitch advantage!
Burnley got relegated because they were even worse than us, because they had Sean Dyche at the helm. They need to take responsibility and just own how shit they were, and accept that they deserved to be relegated.
Posted 12/03/2025 at 23:09:53
Can someone correct the spelling of suing in the title of this thread?
It’s driving me made
Posted 12/03/2025 at 23:19:04
Elbos indeed Rob
Ctflot!
I see the Steua flag was on display last night. We should plan a justice for the 39 protest for the derby – see how the cnuts like that.
I’ve never ever hated them as bad as I do these days.
Twats
Posted 12/03/2025 at 23:24:44
Laughable from Burnley.
Posted 13/03/2025 at 00:16:26
Gavin #26
The commission deemed there to be an inferred sporting advantage.
Everton received a waiver from the league in respect of the costs they incurred pre approval of planning permission.
I too don’t expect them to get too far with their claim but not for the reasons you’re giving.
What next ? Financial claims because a clubs player injured another clubs player that may have cost them the league ?
Can we sue Derby for Esteban Fuertes’ goal in 99 ?
Posted 13/03/2025 at 00:18:21
Laim, my apoligies, I hav turnned me speel chuck off as it din’t pic it up. Hope thats bitter.
Posted 13/03/2025 at 00:48:20
Another first…and only for Everton?
Posted 13/03/2025 at 01:15:35
Is suing spelled sueing in England? Like rumor is spelled rumour?
Anyway, good effing luck, Burnley. If you had kept Dyche on, you’d have stayed up like we did.
Or played better.
Posted 13/03/2025 at 01:44:38
Mike, I think sueing would be the act of being susaned, whatever that may be.
Posted 13/03/2025 at 02:20:02
so leicester should have been punished 2 years ago … or this season or if they go down this season.. they will be sued next season by ever
y championship club , burnley are grasping at straws
Posted 13/03/2025 at 02:36:29
Dennis @ 34; I think it has something to do with going round and round on a table – the mind boggles.
Posted 13/03/2025 at 03:00:18
How to get rid of these ads and support TW
© ToffeeWeb
