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Leeds has small chance wining legal challenge
England - 17 April, 2008
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English Leeds United started their legal challenge at an independent arbitration hearing in London yesterday.
The club is appealing a 15-point penalty for not having a CVA in place when it reorganized after administration. But Leeds officials signed an appeal waiver when it rejoined the Football League.
When Leeds decided to appeal, chairman Ken Bates said the club was forced to sign away appeal rights.
That excuse might not sway a three-man tribunal that is hearing the case. The hearing could last for up to three days and the ruling is expected to be made public before the weekend.
Richard Cramer, of Leeds-based solicitors Cramer Richards, said Leeds had effectively waived their rights of appeal when they agreed to return to the Football League back in August.
"Leeds signed a legally-binding document effectively waiving any entitlement to challenge for the 15 points," Cramer told the Associated Press.
"It was signed off by Leeds United who knew full well that if they wanted to participate in League One and remain part of the Football League, they had to accept the 15 points (deduction).
"So Leeds have got to demonstrate early on to the three-man panel that there is very good reason why this 15 points can be challenged.
"I put their chances at about 30%."
"Because up to half a dozen other clubs could be affected by the decision, I think Leeds' percentage chances are going down and not up.
"But you can never tell in an arbitration. There may be some very good, strong legal reasons why Leeds do have a good claim.
"But there's a big hurdle to overcome to start with and that's that they signed the document and then they have got to show that the Football League acted unreasonably, acted arbitrarily and acted capriciously and that's difficult."
A successful appeal would place the League One race in an interesting situation. Leeds could vault into second and force Carlisle and Doncaster from promotion spots. Doncaster already is threatening legal action if the appeal is successful.
The club is appealing a 15-point penalty for not having a CVA in place when it reorganized after administration. But Leeds officials signed an appeal waiver when it rejoined the Football League.
When Leeds decided to appeal, chairman Ken Bates said the club was forced to sign away appeal rights.
That excuse might not sway a three-man tribunal that is hearing the case. The hearing could last for up to three days and the ruling is expected to be made public before the weekend.
Richard Cramer, of Leeds-based solicitors Cramer Richards, said Leeds had effectively waived their rights of appeal when they agreed to return to the Football League back in August.
"Leeds signed a legally-binding document effectively waiving any entitlement to challenge for the 15 points," Cramer told the Associated Press.
"It was signed off by Leeds United who knew full well that if they wanted to participate in League One and remain part of the Football League, they had to accept the 15 points (deduction).
"So Leeds have got to demonstrate early on to the three-man panel that there is very good reason why this 15 points can be challenged.
"I put their chances at about 30%."
"Because up to half a dozen other clubs could be affected by the decision, I think Leeds' percentage chances are going down and not up.
"But you can never tell in an arbitration. There may be some very good, strong legal reasons why Leeds do have a good claim.
"But there's a big hurdle to overcome to start with and that's that they signed the document and then they have got to show that the Football League acted unreasonably, acted arbitrarily and acted capriciously and that's difficult."
A successful appeal would place the League One race in an interesting situation. Leeds could vault into second and force Carlisle and Doncaster from promotion spots. Doncaster already is threatening legal action if the appeal is successful.
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