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Lawyer rates Leeds' points battle
Leading sports lawyer Richard Cramer believes Leeds United have a "25-30% chance" of having their 15-point penalty overturned. An arbitration panel will decide on the Football League's sanction to dock Leeds points in mid-April. Cramer told BBC Radio Leeds: "A few weeks ago, I thought it was bleak. But having seen the legal documents, I think the prospects have improved. I think there's probably a 25-30% chance of winning."
Leeds are appealing against the Football League's decision to dock them points on the eve of the season for breaching their rules on insolvency. They issued a High Court writ against the Football League, which has been frozen while the matter is heard by an arbitration panel.
The hearing will be held in private in front of a neutral Court of Appeal judge, and one representative each from Leeds and the Football League. United are arguing that the penalty imposed by the League was unlawful, that the decision by the other clubs to dismiss Leeds' subsequent appeal against the sanction was also unlawful, that the 15-point penalty was a disproportionate sanction and that the League have punished the club for the conduct of its administrators, KPMG. Neither Leeds nor the Football League have commented, but Cramer has seen the original High Court writ, which is a public document.
"Although the actual arbitration proceedings are the subject of confidentiality, as night follows day what's in that legal document at the High Court will form the basis for the legal argument at the arbitration," said Cramer. "It's a very well presented case, and Leeds United have clearly worked very hard, which is not surprising as there's a huge amount at stake. There are significant hurdles to overcome. Probably the biggest hurdle is that Leeds actually signed a document to say they would take the Golden Share [a membership of the Football League which every club must have in order to compete] but they would accept the 15-point deduction. It's a tough one for the arbitration panel. I think where Leeds have got some comfort is that it's my understanding that the three-man panel is chaired by a very senior High Court judge or a Court of Appeal judge, so there's going to be some sanity to the arbitration proceedings and I think they will apply a legalistic approach to them."
Even if Leeds do not get all 15 points returned, Cramer believes that they could get some of them back. He added: "They may carve it up - they might say 'Well hold on, 15 points is too much, we've got to give them something' and bring it down to eight, seven or six."
In other news, Leeds United are not allowing the BBC Radio Leeds to broadcast live from Elland Road from next season onwards. No reason has been given.
BBC SPORT | Football | My Club | Leeds United | Leeds fans' fury at dead BBC deal
Lawyer rates Leeds' points battle
Leading sports lawyer Richard Cramer believes Leeds United have a "25-30% chance" of having their 15-point penalty overturned. An arbitration panel will decide on the Football League's sanction to dock Leeds points in mid-April. Cramer told BBC Radio Leeds: "A few weeks ago, I thought it was bleak. But having seen the legal documents, I think the prospects have improved. I think there's probably a 25-30% chance of winning."
Leeds are appealing against the Football League's decision to dock them points on the eve of the season for breaching their rules on insolvency. They issued a High Court writ against the Football League, which has been frozen while the matter is heard by an arbitration panel.
The hearing will be held in private in front of a neutral Court of Appeal judge, and one representative each from Leeds and the Football League. United are arguing that the penalty imposed by the League was unlawful, that the decision by the other clubs to dismiss Leeds' subsequent appeal against the sanction was also unlawful, that the 15-point penalty was a disproportionate sanction and that the League have punished the club for the conduct of its administrators, KPMG. Neither Leeds nor the Football League have commented, but Cramer has seen the original High Court writ, which is a public document.
"Although the actual arbitration proceedings are the subject of confidentiality, as night follows day what's in that legal document at the High Court will form the basis for the legal argument at the arbitration," said Cramer. "It's a very well presented case, and Leeds United have clearly worked very hard, which is not surprising as there's a huge amount at stake. There are significant hurdles to overcome. Probably the biggest hurdle is that Leeds actually signed a document to say they would take the Golden Share [a membership of the Football League which every club must have in order to compete] but they would accept the 15-point deduction. It's a tough one for the arbitration panel. I think where Leeds have got some comfort is that it's my understanding that the three-man panel is chaired by a very senior High Court judge or a Court of Appeal judge, so there's going to be some sanity to the arbitration proceedings and I think they will apply a legalistic approach to them."
Even if Leeds do not get all 15 points returned, Cramer believes that they could get some of them back. He added: "They may carve it up - they might say 'Well hold on, 15 points is too much, we've got to give them something' and bring it down to eight, seven or six."
In other news, Leeds United are not allowing the BBC Radio Leeds to broadcast live from Elland Road from next season onwards. No reason has been given.
BBC SPORT | Football | My Club | Leeds United | Leeds fans' fury at dead BBC deal
