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Triple Impact for Arbitration
By Rich Baggott
April 27 2008
With the results of the Arbitration hearing only days away, this weekends fixtures saw major changes at the top of League 1 that means three teams are now vying for that vital second spot that carries automatic promotion back to the Championship. Until recently, it seemed a two horse race with Swansea and Carlise some distance clear.

On recent results, the landscape at the top has changed.  The Cumbrian club have slipped up of late, picking up only 1 point out the last possible 12, opening the way for both Nottingham Forest and Doncaster to be in a position to claim the last spot with one game to go.

The current League table shows that Doncaster have now taken second place with Forest in third on goal difference, but with just one point separating the three teams, all three could still claim the final automatic promotion place;

 TeamPGDPTS
1Swansea453989
2Doncaster452580
3Nottm Forest453179
4Carlisle451879
5Southend451575
6Leeds453373

Leeds' victory over Yeovil on Friday was enough to guarantee them a place in the League 1 play-off's and on the current table will finish either 5th or 6th, however before Leeds take on Gillingham next Saturday, there is a small matter of Leeds Uniteds appeal to overturn the 15 point deduction imposed on them by the Football League at the start of the season.

That decision is due by 1st May and could change the top of the table dramatically;

 

 TeamPGDPTS
1Swansea453989
2Leeds453388
3Doncaster452580
4Nottm Forest453179
5Carlisle451879
6Southend451575

A decision in Leeds' favour will cause a major problem for the Football League who potentially will see action and argument from three clubs now that could lose out.  Irrespective of results next weekend, all three are bound to argue that the impact from any announcements just a few days before their final games will hamper their preparation and approach to the game.

Rumours are circulating on the Internet that the League could be looking to compensate any teams affected by the result, and there is even suggestion of increasing the number of automatic promotion places, although how this could affect the play-offs in unknown.

Of course, the result of Arbitration has yet to be announced, suffice to say that if the result does go in Leeds' favour, the results in League 1 could not have gone worse for the Football League.

Authors Comment

It is fair to sympathise with the plight of other clubs affected by the effort of Leeds United to overturn the 15 point deduction, but it is being made all the more difficult to show any empathy with the conduct of certain Chairmen, Managers and fans during this time.  Nobody knows better than Leeds fans how this degree of uncertainty, and delays to important decision can impact on all matters relating to our club.  We've been living with this for 10 months now - everyone else has had it for a few weeks.

What people fail to realise (or refuse to appreciate) is that Leeds United have ALWAYS maintained the decision was illegal and felt they had acted in the rules on the Football League. They asked for Arbitration only a few months in to the season, a situation every other club in the League was aware of - none of them stepped up to help.

We went to the FA, who just distanced themselves from these matters - we've been trying to get the Football League to sort this out from day one.

In the end we served a High Court order due to their refusal to listen to us, and eventually, on the final day they had to respond to the Court Order, they offered Arbitration - leading to yet more delays.The only reason we all find ourselves just 6 days from the end of the season with this still unresolved in because of the approach of the Football League, nothing to do with Leeds United.

So should we have taken our punishment and just walked away?  No!  The Club feels very strongly that what the Football League did was illegal - it always has and Arbitration will decide once and for all whether we have a point.  IF it is found in our favour, then we have done a service to all clubs, in all Leagues in standing up to the Governing Body and winning a battle for all of us.  You need no further proof than to look at the bottom of League 1 right now at Luton and Bournemouth!

One key point is all of this is that Leeds did not get a CVA in place as HMRC wanted to take the matter to Court.  They disputed that KPMG were going to pay all footballing debts in full and then anything left from CVA amount would go to other creditors (inc. HMRC) - Why?  Because League rules say so!  HMRC were taking Leeds to court for try to obey the League rules?  HMRC have said they will do the same with every other Administration case involving a Football Club.

Is the Leeds Arbitration thing a farce?  Yes, you got it in one - welcome to our world!

Oh and one final point – the 15 points we are looking for – they are ours, we did win them, we are not just being given them!

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27 Apr, 2008 06:45 Report
Unofficial Leeds United (IP Logged)
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Triple Impact for Arbitration
Triple Impact for Arbitration

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27 Apr, 2008 07:01 Report
whitey71 (IP Logged)
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Re: Triple Impact for Arbitration
(Sm128) hear hear (Sm152)smoking smiley



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27 Apr, 2008 07:21 Report
Ian Baird 1-0 (IP Logged)
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Re: Triple Impact for Arbitration
Well worded and couldn't agree more. Although I am cocerned that we are agreeing too much lately Rich!

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27 Apr, 2008 08:10 Report
the artist formerly known as The Trav (IP Logged)
Sir
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Re: Triple Impact for Arbitration
Quote:
Oh and one final point – the 15 points we are looking for – they are ours, we did win them, we are not just being given them!

So other clubs involved should just shut up and try to earn points of their own

In the event we don't get our points back, come on forest



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27 Apr, 2008 08:24 Report
mick (IP Logged)
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Re: Triple Impact for Arbitration
you should post this brilliant article to all club websites and media. mick

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27 Apr, 2008 08:30 Report
warringtonwhite (IP Logged)
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Re: Triple Impact for Arbitration
a good summation of the situation that I'm impressed


but i think you could of said it in two sentences

the football league cheated Leeds united

give us our points back you cheating bar-stewards



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27 Apr, 2008 08:31 Report
Lord Buckethead (IP Logged)
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Re: Triple Impact for Arbitration
Spot on.

Sums up what has been the main illusion most people seem to be under: That we are appealing against the severity of the sentence not the principle that the football league had no right to punish us at all.

This is why talk of giving a proportion of the points back is so annoying.
If you sentence somebody to hang and then find out they are in fact completely innocent, you don't give them 20 years instead!

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27 Apr, 2008 08:31 Report
kiwipete (IP Logged)
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Re: Triple Impact for Arbitration
top post mate-you are our voice-i applaud you(Sm152)

all the frenzy on other sites is being whipped up by media articles spawned from comments from certain chairmen and football know alls-we will have the last laugh-im certain(Sm122)



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27 Apr, 2008 08:46 Report
lee-ds (IP Logged)
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Re: Triple Impact for Arbitration
Excellent article yet again Fids!



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27 Apr, 2008 08:52 Report
Sprake (IP Logged)
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Re: Triple Impact for Arbitration
Yes brilliant article, but what is you honest opinion on the resault. What if anything will we get.

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27 Apr, 2008 09:02 Report
lee-ds (IP Logged)
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Re: Triple Impact for Arbitration
all 15 Sprake,

we acted illegally or we didn't!

seems like the FL's plan to wait and see
how league one pans out has turned around
and bit them on the Ass! hehehe



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27 Apr, 2008 09:09 Report
SA (IP Logged)
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Re: Triple Impact for Arbitration
Post of the Year mate smiling smiley

We've been living with this for 10 months now - everyone else has had it for a few weeks.

Quote of the Year as well smiling smiley

Fantastic Fids !!


SA



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27 Apr, 2008 09:15 Report
leedsnproud (IP Logged)
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Re: Triple Impact for Arbitration
only one thing worries me could the FL refuse to implement,the ruling if it goes in our favour,and ignore the Arbitration ruling.

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27 Apr, 2008 09:19 Report
Lef (IP Logged)
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Re: Triple Impact for Arbitration
Quote:
Fids
One key point is all of this is that Leeds did not get a CVA in place as HMRC wanted to take the matter to Court. They disputed that KPMG were going to pay all footballing debts in full and then anything left from CVA amount would go to other creditors (inc. HMRC) - Why? Because League rules say so! HMRC were taking Leeds to court for try to obey the League rules? HMRC have said they will do the same with every other Administration case involving a Football Club.

I never thought of it like this.

Best article i've ever read about Leeds United, bar none. Truly superb.

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27 Apr, 2008 09:42 Report
Wocko (IP Logged)
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Re: Triple Impact for Arbitration
Good post....



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27 Apr, 2008 11:08 Report
Zandra LaPoI (IP Logged)
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Re: Triple Impact for Arbitration
Quote:
leedsnproud
only one thing worries me could the FL refuse to implement,the ruling if it goes in our favour,and ignore the Arbitration ruling.

Damn good question LNP, anyone with a legal mind know the answer?



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27 Apr, 2008 11:08 Report
Rui Rui Rui (IP Logged)
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Re: Triple Impact for Arbitration
Really well put together post Fids.

You also hit the nail on the head that they are our points. Other clubs are implying that its an 'unfair advantage' us getting back 15 points - we won them fair and square on a football pitch.

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27 Apr, 2008 11:36 Report
Russ LUFC (IP Logged)
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Re: Triple Impact for Arbitration
cant read it!!! where is it?

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27 Apr, 2008 12:06 Report
Robbie11 (IP Logged)
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Re: Triple Impact for Arbitration
Quote:
leedsnproud
only one thing worries me could the FL refuse to implement,the ruling if it goes in our favour,and ignore the Arbitration ruling.

I dont think they can ignore it, and could imagine the legal battle that would ensue if they did. Bates would hav a field day in court with them, suing them for millions.

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27 Apr, 2008 12:09 Report
Rui Rui Rui (IP Logged)
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Re: Triple Impact for Arbitration
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Zandra LaPoI
Quote:
leedsnproud
only one thing worries me could the FL refuse to implement,the ruling if it goes in our favour,and ignore the Arbitration ruling.

Damn good question LNP, anyone with a legal mind know the answer?

The fundimental principle of arbitration is that it is legally binding for both parties as a way of resolving a dispute. I don't know if there is a futher appeals process after the decision but I doubt it as both parties have already agreed to abide by the decision.

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27 Apr, 2008 12:13 Report
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Re: Triple Impact for Arbitration
Great post fids



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27 Apr, 2008 12:20 Report
Rui Rui Rui (IP Logged)
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Re: Triple Impact for Arbitration
Following on from the points on whether the FL will abide by the decision, there can only be a variation for the decision i.e. an appeal if that was agreed in advance as part of the process. Given the circumstances in the case I don't think either party would want scope for the other to get out of it so it should be a full and final decision.

The decision may need to be filed thought a court process if that was the agreed process as set up, but this should be a formality if required at all.

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27 Apr, 2008 12:49 Report
Alex Sabella (IP Logged)
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Re: Triple Impact for Arbitration
top post(Sm128)

what i dont think other clubs/fans/any leeds haters realise is that KB would have taken action even if we would have been mid table without a chance of a playoff/auto promotion place.

its the principle of the thing



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27 Apr, 2008 13:14 Report