Leeds United enter a crucial seven day period that could make or break their season. Arbitration, coupled with 2 important games could see the Whites move to the top of the table, or drop back out of the play-off's. After years or bad news and disappointments, could this be the week the fans are finally rewarded for their loyalty?
As we enter this period, Leeds United lie 6th in the 'Official' League table, 2 point clear of 7th and 15 points behind the Automatic promotion spots, with a game in hand;
P
GD
PTS
1
Swansea
42
36
83
2
Carlisle
42
23
79
3
Doncaster
42
21
73
4
Southend
42
15
71
5
Nottm Forest
42
27
70
6
Leeds
41
30
64
7
Tranmere
42
8
62
8
Walsall
41
10
60
9
Brighton
42
5
60
Leeds play two crucial games, firstly against Carlise at Elland Road on Saturday, and then away to Huddersfield Town on Tuesday. Victory in both would lift Leeds Points tally to 70 although a failure to collect any points could of course, see Tranmere reclaiming sixth spot.
Arbitration
On Monday, Leeds begin their formal attempt to overturn the -15 point penalty imposed by the football League at the start of the season at an independant Arbitration hearing. The hearing is taking place at an unknown location and the exact time of the start and the duration is not fully known, although it is understood the matter will be dealt with over a number of days rather than a few hours.
The Football League rules were clear in that any team entering adminstration should be deducted 10 points. Leeds went into adminstration last season and were duly docked the points. The Football League rules also state that no club can exit adminstration and re-join the Football League without a '75% approved CVA (Creditors Voluntary Agreement) in place UNLESS by exception circumstances. In all previous cases of football clubs going into administration, all have been able to secure the required 75% approved CVA.
This is where the dispute lies. Leeds United did not have 75% approved CVA in place and applied to the Football League (FL) to be allowed to re-enter as they felt they had 'exceptional circumstances'. The FL agreed and allowed Leeds to re-enter, but then imposed a new penalty of a 15 point deduction. The appeal by Leeds will be asking the Arbitration Panle to consider such items as;-
Leeds United DID have a 75% approved CVA in place but it was blocked by 'HMRC' (Taxman). The Taxman was (and still is) not happy that under Football League rules, ALL Footballing debts must be cleared in full, yet the Taxman is not given any preferrential status. The move from HMRC saw a delay to proceedings and without being able to provided running costs for the club, the Adminstrator had no option but to sell the club outright in a closed bidding process.
The Football League rules stated that clubs could re-enter the League with exceptional circumstances. There was no mention of further penalty so either Leeds had exceptional cisrcumstance or they didn't.
The Football League validated their decision with a members vote, which allowd many clubs with a personal interest to vote against Leeds United.
One of the first hurdles to overcome will be the letter signed by Leeds united just days before the start of the season agreeing not to appeal agaisnt the decision. Leds United have already stated that this was signed under duress and should be dismissed.
Outcome
The possible outcomes of Arbitration are not clear. The three man panel should not, in theory, have the authority to decide on new sanctions for Football League clubs which normally have to vote through rule changes, so reducing the penalty down to 5 or 10 points in unlikely, but is possible if they feel from the evidence presented to them, that another existing rule should be applied. They could of course uphold the original decision and rule that the Football League has complied within it's own rules and has not broken any laws of the land - or the penalty could be overturned and Leeds given the 15 points back.
Whilst Arbitration is likely to be the end of proceedings, and both the FL and Leeds United have confirmed to abise by their findings, there could be further action. There is nothing (legally) to stop either Leeds Utd or the FL taking further actions and already a number of clubs in League 1 are threatening to take their own action if Leeds Utd receive their points back.
If Leeds are given the 15 points back, and take maximum points from their next two games, plus Swansea fail to get maximum points from thier away trip to Gillingham, they could see themselves perched at the top of League 1 next week - but they could also be down in tenth!
Uh oh Bum Twitching Time!!
The first part about us signing the agreement about not appealling agaist the decision,all be it under duress, has got me heart rate up.
Seems to me the whole decision could go either way. I know there's been pages of opinion on here about this, but I'm not holding my breath for any points back,just too long being a Leeds fan I suppose.
I think this is the most important week for us as a club for many a year. Everything firmly crossed!!!
Andyl
It has to be said that all independent commentators felt that the FL dealt with Leeds unfairly.
I honestly feel we have a good case, although the concern is we get the points back and then the likes of Swansea, Carlise and Donny all put in counter claims which could leave the whole process very messy.
After not giving West ham points deduction for the Tevez affair..which would have relegated them instead
Does the panel have the bottle to give us..our 15 points back..
and put us in automatic promotion spot...if we are exonerated..
Wasn't that the PL's own decision rather than court action?
I think the way we have gone takes it away from organisations making 'tough decisions' and moves it instead into the legalities of those decisions.
The PL had pre-agreed rules and powers to deal with clubs that broke the rules - the difference here is the rules were ambiguous and it is how they have been applied that will determine the outcome
Massive week, really well written and put on paper like that how can't we get the points back?? (other than its Leeds United, lol)..with respect to other clubs contesting the decision should we get the points back, let them do it!!! They all knew this could happen, and if we get them back its justice being done, and shows the FL were wrong in the first place!!!
It is the 16th - It was always touted as w/c 14th.
Bates condemned the press speculation the program notes today, saying how can anyone make an 'expert opinion' when Leeds have not even submitted there body of evidence yet.
Do you mean be promoted to the Championship via a refund of our points........while slowly floating upwards with two fingers rampant and a silly grin from ear to ear.
Do you mean you wouldnt give a toss if that happened? what about the championship wannabes who would be left down here?
AS LONG AS ITS NOT US I DONT CARE IN THE SLIGHTEST
If for some reason we dont make it,i dont know what i will do,so im staying quiet on the subject, things have gone wrong too many times with LUFC recently
All together now....."always look on the bright side of life"
dara dara......
LEEDS UNITED INTERNATIONALLY
FAMOUS THROUGHOUT THE WORLD
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