Various: N-O has lost the plot over potential end of Mike Ashley's tenure

[LFEE]

 

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

 

He's now clarified after we exchanged a few DMs on Twitter

 

Just need you to clarify now who was right?

[Shays Given Tim Flowers]

Gregg.

[The Prophet]

Greg is right, you can only judicially review decisions from public bodies.

[Scotty66]

But apparently that still doesn't mean the end of it for PIF. There are other ways they can appeal apparently.

[AyeDubbleYoo]

Greg is right, you can only judicially review decisions from public bodies.

 

Aye, but judicial review is only one specific form of legal action.

[Whitley mag]

Questions dried up, could be a sign where close. They don’t seem to be tipping them off that a decision is imminent anymore though.

 

[Ryan]

Absolute p***take how long this is taking.

 

I rememeber when we were all counting down to 1st May and that was 7 weeks ago FFS.

[Guest godzilla]

Greg is right, you can only judicially review decisions from public bodies.

 

Greg is correct with regards to the FA, however, there’s a decision called Aga Khan which opened the scope on judicial review of bodies such as the premier league

[madras]

 

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

I was thinking from a business point if view, they can buy the business legitimately but then the Pl could effectively hinder their trading conditions, wouldnt that be where the courts would come in ?

[Whitley mag]

Greg is right, you can only judicially review decisions from public bodies.

 

Greg is correct with regards to the FA, however, there’s a decision called Aga Khan which opened the scope on judicial review of bodies such as the premier league

 

We might need the Aga Khan, Premier League are looking very weak over this.

 

I really hope If this gets blocked there’s a massive backlash from the fanbase and we f#%k the premier league off.

 

 

[Danh1]

Greg is right, you can only judicially review decisions from public bodies.

 

Greg is correct with regards to the FA, however, there’s a decision called Aga Khan which opened the scope on judicial review of bodies such as the premier league

 

We might need the Aga Khan, Premier League are looking very weak over this.

 

I really hope If this gets blocked there’s a massive backlash from the fanbase and we f#%k the premier league off.

 

 

 

I hope so too, but cannot see it sadly.

 

I won’t be able to stomach any more football knowing our big chance to become a top team has been snatched away.

[Chris_R]

Oh trust me, if we keep Ashley we'll be fucking the PL off alright.

[Wilson]

Greg is right, you can only judicially review decisions from public bodies.

 

Greg is correct with regards to the FA, however, there’s a decision called Aga Khan which opened the scope on judicial review of bodies such as the premier league

 

We might need the Aga Khan, Premier League are looking very weak over this.

 

I really hope If this gets blocked there’s a massive backlash from the fanbase and we f#%k the premier league off.

 

 

 

 

NUFC fans don't really do massive backlash.

[Guest The Little Waster]

Greg is right, you can only judicially review decisions from public bodies.

 

Greg is correct with regards to the FA, however, there’s a decision called Aga Khan which opened the scope on judicial review of bodies such as the premier league

 

We might need the Aga Khan, Premier League are looking very weak over this.

 

I really hope If this gets blocked there’s a massive backlash from the fanbase and we f#%k the premier league off.

 

 

 

 

NUFC fans don't really do massive backlash.

 

Pie boycoutt at half time ?

[54]

[Penn]

Greg is right, you can only judicially review decisions from public bodies.

 

Greg is correct with regards to the FA, however, there’s a decision called Aga Khan which opened the scope on judicial review of bodies such as the premier league

 

 

Aga Khan did the exact opposite of that:

 

 

In R v Disciplinary Committee of the Jockey Club, ex parte Aga Khan, Aga Khan sought judicial review of the JC’s decision to disqualify his winning horse from a race because it failed a dope test. He claimed that the decision was damaging to his status and reputation as an owner and breeder of racehorses. The court ruled that it had no jurisdiction as the relationship between racehorse owners and the Club, and the powers of the Club, were derived from agreements between the parties and was a matter of private rather than public law. Hoffman LJ even held that the power was entirely private in nature. According to Bingham MR, although the JC exercised an effective monopoly power over a significant national activity and received a public funding, “the origin, history, constitution and membership of the JC did not reflect its ‘public’ nature”. The court also held that the JC “neither by its framework or rules or function did it fulfill a governmental role”. Together with the finding that the powers exercised were not interwoven into a system of governmental control of the sport, the decision was held not reviewable.

 

 

Every subsequent case has also reconfirmed that decisions made by sporting governmental bodies cannot be subject to judicial review.

 

When the Saudis get knocked back, their recourse to the courts in private law is also going to be very limited. It's outlandish to think a British court would side with the KSA in favour of handicapping the Premier League's ability to govern its own association.

 

Do yourselves a favour and ignore those junior solicitors. They know nothing. Penn will keep you right.

 

 

[Guest godzilla]

Greg is right, you can only judicially review decisions from public bodies.

 

Greg is correct with regards to the FA, however, there’s a decision called Aga Khan which opened the scope on judicial review of bodies such as the premier league

 

 

Aga Khan did the exact opposite of that:

 

 

In R v Disciplinary Committee of the Jockey Club, ex parte Aga Khan, Aga Khan sought judicial review of the JC’s decision to disqualify his winning horse from a race because it failed a dope test. He claimed that the decision was damaging to his status and reputation as an owner and breeder of racehorses. The court ruled that it had no jurisdiction as the relationship between racehorse owners and the Club, and the powers of the Club, were derived from agreements between the parties and was a matter of private rather than public law. Hoffman LJ even held that the power was entirely private in nature. According to Bingham MR, although the JC exercised an effective monopoly power over a significant national activity and received a public funding, “the origin, history, constitution and membership of the JC did not reflect its ‘public’ nature”. The court also held that the JC “neither by its framework or rules or function did it fulfill a governmental role”. Together with the finding that the powers exercised were not interwoven into a system of governmental control of the sport, the decision was held not reviewable.

 

 

Every subsequent case has also reconfirmed that decisions made by sporting governmental bodies cannot be subject to judicial review.

 

When the Saudis get knocked back, their recourse to the courts in private law is also going to be very limited. It's outlandish to think a British court would side with the KSA in favour of handicapping the Premier League's ability to govern its own association.

 

Do yourselves a favour and ignore those junior solicitors. They know nothing. Penn will keep you right.

 

Keyser I'd rather take more notice of a mackem than you  . For a start the FA is the governing body not the Premier League.

[Happinesstan]

Greg is right, you can only judicially review decisions from public bodies.

 

Greg is correct with regards to the FA, however, there’s a decision called Aga Khan which opened the scope on judicial review of bodies such as the premier league

 

We might need the Aga Khan, Premier League are looking very weak over this.

 

I really hope If this gets blocked there’s a massive backlash from the fanbase and we f#%k the premier league off.

 

 

 

 

NUFC fans don't really do massive backlash.

 

Pie boycoutt at half time ?

 

That would only hurt Sodexo.

[Dokko]

 

But...

 

 

 

[Collage]

So, would that mean anything? I haven’t followed this very closely.

[Dokko]

So, would that mean anything? I haven’t followed this very closely.

 

Means as much and as little as the next titbit. 

[Judge Holden]

Class the way Penn just drops in now and then, says his bit and then logs off. Doesn't give a damn what people say or think about him or what he's just said. You have to admire his ability to not give a toss.

[FloydianMag]

Class the way Penn just drops in now and then, says his bit and then logs off. Doesn't give a damn what people say or think about him or what he's just said. You have to admire his ability to not give a toss.

He’s the forum twat.

[Dokko]

Class the way Penn just drops in now and then, says his bit and then logs off. Doesn't give a damn what people say or think about him or what he's just said. You have to admire his ability to not give a toss.

 

So he’s not Edwards then.

[Judge Holden]

Class the way Penn just drops in now and then, says his bit and then logs off. Doesn't give a damn what people say or think about him or what he's just said. You have to admire his ability to not give a toss.

He’s the forum twat.

 

I've not seen enough of him to judge. He just seems like a colossal pessimist to me.