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nufcnick

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Everything posted by nufcnick

  1. its still not immune to litigation. They have to give their reasons and apply their ODT fairly. Exactly this, they can’t just say “we can’t find any reason not to accept you, but because we don’t like you and one of our partners is objecting, we’re not going to let you in our club”. If the consortium meet the criteria and were rejected anyway, lawyers for them will have a field day.
  2. I'm pretty sure he is wrong. Judicial review is only available of decisions made by public bodies. It is well established in case law that sports governing bodies are not judicially reviewable. See R -v- Football Association Ltd, ex parte Football League Ltd [1992] 2 All 833 And: https://www.ashurst.com/en/news-and-insights/legal-updates/judicial-review/ "The following characteristics have been considered relevant to whether an act or function can be reviewed. The "but for" test: in other words, whether, but for the existence of a non-statutory body, the functions exercised by such body would inevitably be regulated by statute. Bodies which have been considered amenable to judicial review using this test include the Advertising Standards Authority2 and the Takeover Panel3. However, the Football Association's decisions escaped review as the court held that if the Football Association did not exist, the state would not have found it necessary to perform its functions4." I may be wrong - but there's lot of reading out there on this - or may be thinking of a different judicial mechanism. Don't know who is right but if you are Greg, then could the PL just turn round and go - takeover denied because......well we can't be arsed with the hassle? Or we don't like NUFC as we love Sunderland....... and PIF wouldn't be able to legally challenge. Seems ridiculous if true The PL do seem to have it in for us TBH, if they do turn it down the court battle should be quite entertaining Nothing about this sorry saga is entertaining Yeah sorry, what I ment was it would be entertaining watching the PCP/PIF lawyers rip the PL’s case apart
  3. I'm pretty sure he is wrong. Judicial review is only available of decisions made by public bodies. It is well established in case law that sports governing bodies are not judicially reviewable. See R -v- Football Association Ltd, ex parte Football League Ltd [1992] 2 All 833 And: https://www.ashurst.com/en/news-and-insights/legal-updates/judicial-review/ "The following characteristics have been considered relevant to whether an act or function can be reviewed. The "but for" test: in other words, whether, but for the existence of a non-statutory body, the functions exercised by such body would inevitably be regulated by statute. Bodies which have been considered amenable to judicial review using this test include the Advertising Standards Authority2 and the Takeover Panel3. However, the Football Association's decisions escaped review as the court held that if the Football Association did not exist, the state would not have found it necessary to perform its functions4." I may be wrong - but there's lot of reading out there on this - or may be thinking of a different judicial mechanism. Don't know who is right but if you are Greg, then could the PL just turn round and go - takeover denied because......well we can't be arsed with the hassle? Or we don't like NUFC as we love Sunderland....... and PIF wouldn't be able to legally challenge. Seems ridiculous if true The PL do seem to have it in for us TBH, if they do turn it down the court battle should be quite entertaining
  4. Do yourself a favour mate and go back to lurking, there's some mad buggers on here :D :D, I have noticed but it seems good fun and all in good humour, mostly anyway
  5. I said something else, I think it will be an initial no followed by a yes on appeal
  6. Hi guys, long time lurker first time poster, just want to say hi as this seems the most active thread :D :D
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