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2:17pm Wednesday 24th June 2009
A LEADING Southampton lawyer has branded the Football League’s decision to refuse Saints an appeal against their points deduction as “incredibly unfair”.
Steve Grant, a director of Warner Goodman commercial, said: “It gives the impression it wasn’t the right decision in the first place.
“In corporate law the holding company and the trading company are treated as separate financial entities.
“Surely the Football League rules should be clear and unambiguous with regards to that.
“Look at Norwich. Delia Smith is a seperate entity to Norwich City FC.
“If Delia Smith was declared bankrupt then Norwich City wouldn’t have any points deducted.
“For the Football League to ride roughshod over 100 years of corporate law in this country is highly unjust.
“The right of appeal is a major part of British law. That’s why British law is recognised all over the world.”
Grant, a Saints supporter, added: “If the Football League believe their rules are clear then why do they fear an appeal?
“Generally in all forms of corporate law if you believe you have grounds for an appeal, then you are entitled to one.
“Sometimes courts rule against an appeal if they feel the case is so clear.
“The Football League are not operating within the standards expected in a country like ours. Saints fans have been through enough without being held to ransom in this way.”
sfc70, Farnham says...
2:46pm Wed 24 Jun 09
montecristosaint, Poole says...
2:52pm Wed 24 Jun 09
AB12345, Nunn says...
2:57pm Wed 24 Jun 09
montecristosaint, Poole says...
3:05pm Wed 24 Jun 09
sfc70 wrote:rubbish - your analogy is a poor one.No organization is above the law and for the League to deny a football club membership simply for questioning the legality of the conditions of membership is farcical.How would you like it if your golf club insisted you could only join if you changed your religion let's say. Yo'd want to appeal to a higher authority too wouldnt you. That is all Pinacle is asking for - the right to be heard in a court of law which would give an impartial opinion.
Pure posturing from someone who sees the opportunity for a liitle free PR. We are talking about a private association, not corporate or criminal law. My golf club stipulates that I have to wear a collared shirt, is this a restraint on my personal dress code or is it a local rule that is laid down to everybody who wishes to be a member of that particular association. There are no grounds for an appeal here - it is a communal rule that has been invoked by a private association. If pinnacle were serious they would just get on with things and stop bleating about the 10 points. They were fully aware of the situation, like us all, before they agreed to exclusivity!
owen_thesaints, The forgotten side of the City says...
3:06pm Wed 24 Jun 09
badassjay, winchester says...
3:12pm Wed 24 Jun 09
sfc70, Farnham says...
3:20pm Wed 24 Jun 09
montecristosaint wrote:Poor analogy! Read your post back if you really want one of those.
sfc70 wrote: Pure posturing from someone who sees the opportunity for a liitle free PR. We are talking about a private association, not corporate or criminal law. My golf club stipulates that I have to wear a collared shirt, is this a restraint on my personal dress code or is it a local rule that is laid down to everybody who wishes to be a member of that particular association. There are no grounds for an appeal here - it is a communal rule that has been invoked by a private association. If pinnacle were serious they would just get on with things and stop bleating about the 10 points. They were fully aware of the situation, like us all, before they agreed to exclusivity!rubbish - your analogy is a poor one.No organization is above the law and for the League to deny a football club membership simply for questioning the legality of the conditions of membership is farcical.How would you like it if your golf club insisted you could only join if you changed your religion let's say. Yo'd want to appeal to a higher authority too wouldnt you. That is all Pinacle is asking for - the right to be heard in a court of law which would give an impartial opinion.
Jesus_02, Freemantle says...
3:22pm Wed 24 Jun 09
sfc70, Farnham says...
3:28pm Wed 24 Jun 09
Jesus_02 wrote:Congratulations on the dumbest post of the day award.
How much would it cost saints fans and employees to take the league to court irrespective of any take over. If Steve is willing to give time I am sure that a group can be created to cover court costs. If each season ticket (current only) holder gave a fiver then we would have 40k to play with. I am aware that court cost can far exceed that but a large part of those costs are for legal representation.
Invidia, southampton says...
4:14pm Wed 24 Jun 09
John Gillham, Darwen says...
4:35pm Wed 24 Jun 09
RedRover, Romsey says...
4:47pm Wed 24 Jun 09
sfc70 wrote:Think you're on the wrong track with this one.
Pure posturing from someone who sees the opportunity for a liitle free PR. We are talking about a private association, not corporate or criminal law. My golf club stipulates that I have to wear a collared shirt, is this a restraint on my personal dress code or is it a local rule that is laid down to everybody who wishes to be a member of that particular association. There are no grounds for an appeal here - it is a communal rule that has been invoked by a private association. If pinnacle were serious they would just get on with things and stop bleating about the 10 points. They were fully aware of the situation, like us all, before they agreed to exclusivity!
edin_saint, Edinburgh says...
4:53pm Wed 24 Jun 09
John Gillham wrote:I have just worked on a a teaching aid that says exactly that! And like Invidia says, this IS business, and like montecristosaint says, if your golf club suddenly revoked membership for people who were from ethnic minorities, then they would be answerable to the Law, not protected because it was a private organisation.
If I remember the law of contract from my college days if a contract or agreement was made under duress (ie Southampton's waiver) then the contract or agreement would be voidable, which would mean the Saints could contest the waiver and then appeal.
CliffordNelson, Winchester says...
5:15pm Wed 24 Jun 09
usacanary, Norwich says...
5:23pm Wed 24 Jun 09
The Exiled Saint, NEWPORT/Salop says...
5:56pm Wed 24 Jun 09
Invidia, southampton says...
6:00pm Wed 24 Jun 09
usacanary wrote:You seem to forget that SLH was set up well before the rule was made, if the FL believed the Saints to be wrong when they introduced this rule they should have informed all the clubs that were in that situation, I know Saints were in the premier league and they were governed by the premiership rules, but surely as representitives of the football league they should have informed relegated clubs of the dangers that could befall them, they did not with hold their entry to the football league then did they, no the football league are on the backfoot, that is why they are insisting on Saints waivering the right of appeal.
I would suggest the law school where Mr Grant obtained his degree should consider revoking it! This is mind blowingly obvious that Delia Smith earns substantial income from publishing companies, endorsements and TV shows which have absolutely no connection to Norwich City FC........ If I were Southampton FC I would tread very carefully here......... Trying to be clever and use the "letter of the law" while it was obvious that the holding company was used for nothing but deceit is dangerous when dealing with a private entity like the football league. They have proven in the past that they will punish anyone who not only breaks rules but tries to circumvent them. If they appeal they could open up further discovery which could lead to an increase in punishment. Given that it was admitted on the radio by Leon Crouch that the sole reason the holding company was created was to avoid admin is damming evidence alone regardless of the reports from the forensic accountants.
Saint, says...
6:10pm Wed 24 Jun 09
montecristosaint wrote:Absolutely right!
Sounds to me that it would now be appropriate for the Southampton MPs to get off their back sides and bring the mattter to the attention of the Lord Chancellor or the Home Secretary to force the league to abandon their illegal position.Might seem far fetched but certainly pressure needs to be brought to bear against Mawhinney and quickly.
PPChris, Burton says...
6:13pm Wed 24 Jun 09
Saint, says...
6:56pm Wed 24 Jun 09
PPChris wrote:It's not as straight forward as that.
Can we not get over this? When the decision was made to put the holding company into admin, it took the FL several days to meet and come with the decision that the holding company was nothing more than a name. The holding company relied on income from the football club to operate and was therefore deemed to have broken the football league rules, surely it is better to start the season in the football league on minus 10 than not to start, although Im pretty sure that Luton or whoever went down with them would gladly see the saints go out of business, to retain/regain their FL status!
usacanary, Norwich says...
8:33pm Wed 24 Jun 09
Invidia wrote:The very fact it has been admitted by Leon Crouch that it was set up for dishonesty should mean that Southampton should take it on the chin and move on....quickly.
usacanary wrote: I would suggest the law school where Mr Grant obtained his degree should consider revoking it! This is mind blowingly obvious that Delia Smith earns substantial income from publishing companies, endorsements and TV shows which have absolutely no connection to Norwich City FC........ If I were Southampton FC I would tread very carefully here......... Trying to be clever and use the "letter of the law" while it was obvious that the holding company was used for nothing but deceit is dangerous when dealing with a private entity like the football league. They have proven in the past that they will punish anyone who not only breaks rules but tries to circumvent them. If they appeal they could open up further discovery which could lead to an increase in punishment. Given that it was admitted on the radio by Leon Crouch that the sole reason the holding company was created was to avoid admin is damming evidence alone regardless of the reports from the forensic accountants.You seem to forget that SLH was set up well before the rule was made, if the FL believed the Saints to be wrong when they introduced this rule they should have informed all the clubs that were in that situation, I know Saints were in the premier league and they were governed by the premiership rules, but surely as representitives of the football league they should have informed relegated clubs of the dangers that could befall them, they did not with hold their entry to the football league then did they, no the football league are on the backfoot, that is why they are insisting on Saints waivering the right of appeal.
Fatpau1, Everton says...
8:47pm Wed 24 Jun 09
Tirau Dan (NZL), Tirau (NZL) says...
9:30pm Wed 24 Jun 09
Saint_John, Bassett says...
10:10pm Wed 24 Jun 09
Fatpau1 wrote:Wrong, try going to Companies House and looking things up.
I am amazed that a supposedly top lawyer would come out with such naive rubbish. The holding company was set up with the sole purpose of trying to avoid a penalty if the club went in to administration and they have come unstuck. The club got caught out trying to work a flanker, live with the fact they got caught and accept the punishment.
Jesus_02, Freemantle says...
11:30pm Wed 24 Jun 09
sfc70 wrote:reason?
Jesus_02 wrote:Congratulations on the dumbest post of the day award.
How much would it cost saints fans and employees to take the league to court irrespective of any take over. If Steve is willing to give time I am sure that a group can be created to cover court costs. If each season ticket (current only) holder gave a fiver then we would have 40k to play with. I am aware that court cost can far exceed that but a large part of those costs are for legal representation.
usacanary, Norwich says...
5:15am Thu 25 Jun 09
Saint_John wrote:Lets get this straight.......
Fatpau1 wrote: I am amazed that a supposedly top lawyer would come out with such naive rubbish. The holding company was set up with the sole purpose of trying to avoid a penalty if the club went in to administration and they have come unstuck. The club got caught out trying to work a flanker, live with the fact they got caught and accept the punishment.Wrong, try going to Companies House and looking things up. SLH - company no 02072250 was original called GOLDBALLOT PUBLIC LIMITED COMPANY until 09/01/1987 when it became SECURE RETIREMENT PLC and then SLH ON 13 JAN 1997 !!!! (at least 7 years BEFORE the FL changed their rules). As a company it operates to (1) "General construction & civil engineering" (2)"Operate sports arenas & stadiums". It is THIS company that is in Administration. Whereas company number 00053301 is SOUTHAMPTON FOOTBALL CLUB. It was incorporated in 12/07/1897 (110+ years ago). This company is NOT in Admin and it's ONLY business is (2) above NOT (1). It is this company that OWNS the "Golden Share" with the FL (unlike leeds/luton etc where the company that OWNED the share was the one to go into Admin). Now if you read the ARTICLES OF ASSOCIATION for company 000533301 it does NOT say anything about being "wholly owned" or anything similar. It does says :- - there are 60,000 shares who can be held by anyone. - it also says things like "In the event that any person alone or jointly with other person shall be the holder of not less than 90% can attend and vote at general meetings" etc. etc. This means that they are set up as seperate companies. It just happens that SLH own all the shares at the moment and are planning to sell the 60,000 shares to somebody else. Company 000533301 CANNOT ask the Law Courts for a CVA because it is NOT in admin. All of this was setup years ago and NOT to get around the rules as you state.
ladysaint, hedge end says...
6:08am Thu 25 Jun 09
Saint_John, Bassett says...
9:16am Thu 25 Jun 09
usacanary wrote:WRONG in 3 out of 4.
Saint_John wrote:Lets get this straight....... (1)People are not getting paid...... (2)You can't buy anyone. (3)You have no board (4)The club has appointed an administrator. YET....... you want to claim you arn't in admin! LOL... April 1st is a long way off.Fatpau1 wrote: I am amazed that a supposedly top lawyer would come out with such naive rubbish. The holding company was set up with the sole purpose of trying to avoid a penalty if the club went in to administration and they have come unstuck. The club got caught out trying to work a flanker, live with the fact they got caught and accept the punishment.Wrong, try going to Companies House and looking things up. SLH - company no 02072250 was original called GOLDBALLOT PUBLIC LIMITED COMPANY until 09/01/1987 when it became SECURE RETIREMENT PLC and then SLH ON 13 JAN 1997 !!!! (at least 7 years BEFORE the FL changed their rules). As a company it operates to (1) "General construction & civil engineering" (2)"Operate sports arenas & stadiums". It is THIS company that is in Administration. Whereas company number 00053301 is SOUTHAMPTON FOOTBALL CLUB. It was incorporated in 12/07/1897 (110+ years ago). This company is NOT in Admin and it's ONLY business is (2) above NOT (1). It is this company that OWNS the "Golden Share" with the FL (unlike leeds/luton etc where the company that OWNED the share was the one to go into Admin). Now if you read the ARTICLES OF ASSOCIATION for company 000533301 it does NOT say anything about being "wholly owned" or anything similar. It does says :- - there are 60,000 shares who can be held by anyone. - it also says things like "In the event that any person alone or jointly with other person shall be the holder of not less than 90% can attend and vote at general meetings" etc. etc. This means that they are set up as seperate companies. It just happens that SLH own all the shares at the moment and are planning to sell the 60,000 shares to somebody else. Company 000533301 CANNOT ask the Law Courts for a CVA because it is NOT in admin. All of this was setup years ago and NOT to get around the rules as you state.
Saint, says...
10:21am Thu 25 Jun 09
Fatpau1 wrote:100% wrong.
I am amazed that a supposedly top lawyer would come out with such naive rubbish. The holding company was set up with the sole purpose of trying to avoid a penalty if the club went in to administration and they have come unstuck. The club got caught out trying to work a flanker, live with the fact they got caught and accept the punishment.
Jesus_02, Freemantle says...
10:26am Thu 25 Jun 09
usacanary wrote:(1) yes they are
Saint_John wrote:Lets get this straight....... (1)People are not getting paid...... (2)You can't buy anyone. (3)You have no board (4)The club has appointed an administrator. YET....... you want to claim you arn't in admin! LOL... April 1st is a long way off.Fatpau1 wrote: I am amazed that a supposedly top lawyer would come out with such naive rubbish. The holding company was set up with the sole purpose of trying to avoid a penalty if the club went in to administration and they have come unstuck. The club got caught out trying to work a flanker, live with the fact they got caught and accept the punishment.Wrong, try going to Companies House and looking things up. SLH - company no 02072250 was original called GOLDBALLOT PUBLIC LIMITED COMPANY until 09/01/1987 when it became SECURE RETIREMENT PLC and then SLH ON 13 JAN 1997 !!!! (at least 7 years BEFORE the FL changed their rules). As a company it operates to (1) "General construction & civil engineering" (2)"Operate sports arenas & stadiums". It is THIS company that is in Administration. Whereas company number 00053301 is SOUTHAMPTON FOOTBALL CLUB. It was incorporated in 12/07/1897 (110+ years ago). This company is NOT in Admin and it's ONLY business is (2) above NOT (1). It is this company that OWNS the "Golden Share" with the FL (unlike leeds/luton etc where the company that OWNED the share was the one to go into Admin). Now if you read the ARTICLES OF ASSOCIATION for company 000533301 it does NOT say anything about being "wholly owned" or anything similar. It does says :- - there are 60,000 shares who can be held by anyone. - it also says things like "In the event that any person alone or jointly with other person shall be the holder of not less than 90% can attend and vote at general meetings" etc. etc. This means that they are set up as seperate companies. It just happens that SLH own all the shares at the moment and are planning to sell the 60,000 shares to somebody else. Company 000533301 CANNOT ask the Law Courts for a CVA because it is NOT in admin. All of this was setup years ago and NOT to get around the rules as you state.
Sarisburyexile, Petersfield says...
11:34am Thu 25 Jun 09
allsaintsnocurves, Southampton says...
12:18pm Thu 25 Jun 09
AB12345 wrote:The point is if the rules were so clear from the start why make the club sign a waiver to stop us from appealing? They should just get on with it let the club take over go ahead, wait for an appeal and then if it's thrown out all over clubs will know the stance in the future!
Who on earth cares what this random person thinks? Not the Football League and not me. “Incredibly unfair” I had to read this one, this isn't Erin Brokovich. This is a schoolboy interpretation of the League's rules, the penalties were clear at the outset of Administration, this whining is a further insult to Saints fans.
Simon.northampton, Northampton says...
1:43pm Thu 25 Jun 09
SteveGrant, southampton says...
11:06pm Thu 25 Jun 09
Jesus_02, Freemantle says...
1:05pm Fri 26 Jun 09
SteveGrant wrote:I understand your argument however another way of looking at it is this.
I was thinking about this a little more today and here's a slightly different possibility: Suppose the FL were wrong to deduct the 10 points because it was the PLC not the club that went into admin, we should not have to reapply for the licence that is apparently holding things up, therefore we would not have to agree to the FL's demand to waive the right to appeal their decision. The whole thing becomes circular, because we would be claiming that our registration should never have been cancelled because the club was never in admin. If my speculation (and without knowing the ins and outs it is simply that) is correct the FL would have a potentially massive claim on their hands if SFC were illegally unable to register this season - you could imagine how the claim for damages would be huge given the conseuquences of such an illegality. In those circumstances it seems the FL would have as much to gain as us from allowing an independent panel to hear an appeal.
usacanary, Norwich says...
4:27pm Fri 26 Jun 09
Saint_John wrote:I am sure Luton town made the same legal shmeagal just before they got hit with the deduction.
usacanary wrote:WRONG in 3 out of 4. 1/ people/companies/emp loyees of company 0533301 HAVE BEEN paid for the last 8 WEEKS (sometimes late but paid) since company 02072250 went into Admin. 3/ Yes there is a 3 man board to company 00533301 4/ Company 02072250 has applied to the courts to go into Admin and the Courts have appointed an Administrator for company 02072250 NOT company 00533301. Extra point, why if the FL tought we were in Admin did they not hand the money for Dyer and TV payments to the Administrator as per English Law !!!! Instead THEY KEPT some of the money back DUE TO company 0053301 to pay Notts County and Bournemouth for Adam and David McG??? It seems on this issue the FL doesn't think company 000533301 is in Admin.Saint_John wrote:Lets get this straight....... (1)People are not getting paid...... (2)You can't buy anyone. (3)You have no board (4)The club has appointed an administrator. YET....... you want to claim you arn't in admin! LOL... April 1st is a long way off.Fatpau1 wrote: I am amazed that a supposedly top lawyer would come out with such naive rubbish. The holding company was set up with the sole purpose of trying to avoid a penalty if the club went in to administration and they have come unstuck. The club got caught out trying to work a flanker, live with the fact they got caught and accept the punishment.Wrong, try going to Companies House and looking things up. SLH - company no 02072250 was original called GOLDBALLOT PUBLIC LIMITED COMPANY until 09/01/1987 when it became SECURE RETIREMENT PLC and then SLH ON 13 JAN 1997 !!!! (at least 7 years BEFORE the FL changed their rules). As a company it operates to (1) "General construction & civil engineering" (2)"Operate sports arenas & stadiums". It is THIS company that is in Administration. Whereas company number 00053301 is SOUTHAMPTON FOOTBALL CLUB. It was incorporated in 12/07/1897 (110+ years ago). This company is NOT in Admin and it's ONLY business is (2) above NOT (1). It is this company that OWNS the "Golden Share" with the FL (unlike leeds/luton etc where the company that OWNED the share was the one to go into Admin). Now if you read the ARTICLES OF ASSOCIATION for company 000533301 it does NOT say anything about being "wholly owned" or anything similar. It does says :- - there are 60,000 shares who can be held by anyone. - it also says things like "In the event that any person alone or jointly with other person shall be the holder of not less than 90% can attend and vote at general meetings" etc. etc. This means that they are set up as seperate companies. It just happens that SLH own all the shares at the moment and are planning to sell the 60,000 shares to somebody else. Company 000533301 CANNOT ask the Law Courts for a CVA because it is NOT in admin. All of this was setup years ago and NOT to get around the rules as you state.
usacanary, Norwich says...
4:55pm Fri 26 Jun 09
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StPete, Southampton says...
2:35pm Wed 24 Jun 09
SW - bone-tape (red-tape would have been more apt)