Palace potentially denied entry to Europa League?

There are a number of possible outcomes from CAS which are obviously dependent on findings.
If they find in EUFA favour likely outcome is no change for Palace
If they find we were not in a MCO then no conflict occurred and we go back to Europa with Lyon. Forest in all likelihood back to Conference. Similarly if the court decides no undue influence which is possible.
Most likely is they will decide date is unfair and unlawful. They have to overturn previous decisions or show our case is different which it is. Other clubs were qualified on 1st March date we were not. I think they have to decide what division Lyon were in on 1st March. If they decide they had been relegated no conflict occured and we can take place in Europa and they do not have to overturn precedent.
However i think they will decide to look at date of conflict and decide that a period after that is fair. That gives 3 possible dates 1) date we won cup 2)Date Lyon qualified by League position 3) Date Lyon relegation was overturned. All of these favour Palace and reinstatement in Europa
The details of this decision will effect Lyon if they were considered to be relegated they are chucked out of Europe. Strasbourg replace in Europa and next in line from French League enter conference. If CAS decide conflict was timely resolved by Textor by sale of shares and resignation from both boards then they may stay in Europa but I think there is a good chance they will go into conference.
Forest it depends what they have done and what proof we have. If we are reinstated they will not be in Europa but all other scenarios are possible. The dealings with Textor/ Eagle Football are going to be examined I have no doubt particularly as they are so relevant to Lyon overturning demotion. I suspect the way we have named them and Lyon in action we have something really damaging way beyond they declared blind trust late.
 
HKOwen said:
2. You do know lawyers generally work on hourly rates?
3. This is now an SP reputational issue rather than a football issue IMHO

I am quite happy with Conference and the most likely chance of back to back European campaigns.

I don't care that SP and the board erred and were likely negligent, I have moved on.

SP I believe sees Europa acceptance as vindication of his decisions in an " all's well that ends well " way and is willing to spend money to seek to achieve that.

There is a difference between what's fair and messing up a process.

I think we are FA Cup holders still, right?
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I know two. One of which is a big hitter in the City and I have known him 30 years. Think I can access far more info on the legal side than most who sperculate. No arrogance there at all. Just fact.
 
There are, for now, 5 seeded teams for the Conference play-offs, US, Fiorentina, Mainz, Rayo Vallecano & Chelsea 'B' team Strasbourg. We've beaten Mainz pre season, Fiorentina, are currently, bring beaten by Leicester 2-0. Thankfully, we won't get drawn against them for the play-offs & for the group stage. As far as I'm aware & yes, I'm resigned to it.
 
Wisbech Eagle said:
All the parties involved but primarily between Palace and UEFA. There is though a Greek in the woodpile who might refuse any conciliated solution and force CAS to rule as he has nothing to lose by doing so.
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We were not in an adversarial relationship with UEFA. They were the first instance decision maker whose decision we are seeking to appeal. If you appeal to the court of appeal you don't mediate with the high court.

CAS either reject our appeal, overturn UEFA, or send back to UEFA with directions to reconsider having had the rules clarified

The last option added as a guess, but it is what happens here with judicial review.
 
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est1905 said:
I know two. One of which is a big hitter in the City and I have known him 30 years. Think I can access far more info on the legal side than most who sperculate. No arrogance there at all. Just fact.
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Perhaps, especially if your friend has deep knowledge of sports law and practices in a jurisdiction which applies the Napoleonic Code.
 
silvertop said:
We were not in an adversarial relationship with UEFA. They were the first instance decision maker whose decision we are seeking to appeal. If you appeal to the court of appeal you don't mediate with the high court.

CAS either reject our appeal, overturn UEFA, or send back to UEFA with directions to reconsider having had the rules clarified

The last option added as a guess, but it is what happens here with judicial review.
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Surely though as CAS are not a Court but an arbitrator whose decisions are held as the same value as a County Court their remit includes trying to arrange an agreed solution. Only if that’s not possible will a ruling have to be made. Judges can, and do, instruct legal representatives to bring a negotiated settlement to them for approval. I doubt though whether this will happen with this.
 
Wisbech Eagle said:
Surely though as CAS are not a Court but an arbitrator whose decisions are held as the same value as a County Court their remit includes trying to arrange an agreed solution. Only if that’s not possible will a ruling have to be made. Judges can, and do, instruct legal representatives to bring a negotiated settlement to them for approval. I doubt though whether this will happen with this.
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I mean the 'C' does stand for 'Court' so it's confusing
 
Wisbech Eagle said:
Surely though as CAS are not a Court but an arbitrator whose decisions are held as the same value as a County Court their remit includes trying to arrange an agreed solution. Only if that’s not possible will a ruling have to be made. Judges can, and do, instruct legal representatives to bring a negotiated settlement to them for approval. I doubt though whether this will happen with this.
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Yes, but between the parties to the action, not between a party and the court.
 
I have been wavering in what I think the CAS result might be. I think Palace might well be re-instated into the League, because Parish wouldn't spend his time and money on a lost cause. I reckon Parish will look to identify inconsistencies with UEFA and their rulings, which is why Lyon and Forest are more than a little worried.
Of course , it's difficult to say with certainty, because you never know what evidence will arise and what mood the Judge is in.
I reckon Palace will be re-instated 👍 :football: 😎
 
Forest Hillbilly said:
I have been wavering in what I think the CAS result might be. I think Palace might well be re-instated into the League, because Parish wouldn't spend his time and money on a lost cause. I reckon Parish will look to identify inconsistencies with UEFA and their rulings, which is why Lyon and Forest are more than a little worried.
Of course , it's difficult to say with certainty, because you never know what evidence will arise and what mood the Judge is in.
I reckon Palace will be re-instated 👍 :football: 😎
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It’s our lawyers who will have identified the inconsistencies. Parish, like us, was more concerned, at least initially, with the unjustness of it. There isn’t a Judge. There’s a panel of 3 arbitrators, chosen from a list of experience sporting lawyers, two of whom are appointed by the opposing sides with the third selected by the other two. Which gives an interesting dynamic as there are 3 respondents.

I agree though that we must believe we have a strong case or we wouldn’t be putting this much into it. Some have speculated this case could turn out to be as important to football as the Bosman case has been. We could become part of footballing history.
 
silvertop said:
Yes, but between the parties to the action, not between a party and the court.
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Guided by the arbitrators. I have been through Court ordered mediation in a Commercial dispute and the pressure to settle can be intense, with the weaknesses in each case being identified and explained in separate meetings between the mediators and each party. There weren’t any face to face negotiations between the parties, just a series of offers and counter offers until a compromise settlement was reached. Or not!
 
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