Sports lawyer identifies key hurdle facing Man City in Premier League appeal

Sports lawyer James Severn has identified the key hurdle Man City must overcome as they attempt to overturn the findings against them in their Premier League financial case.

City have appealed after an independent commission found serious breaches of the Premier League’s financial rules over a nine-season period, as well as the majority of charges relating to their co-operation with the investigation. The club denies wrongdoing and says the decision contains “clear material errors, of law, principle and fact”.

Severn, a partner at Penningtons Manches Cooper, says City must demonstrate that an error or procedural failing materially affected the commission’s conclusions.

“City will need to identify a material error of law, principle or fact, or serious procedural unfairness, which materially affected the Commission’s decision,” Severn told BBC Sport.

Man City evidence under scrutiny

City are understood to be relying on bank statements, government records and other contemporaneous documents as part of their appeal. Severn believes that evidence could be significant if it establishes the source of disputed funding.

“The bank statements, government records and contemporaneous payment documents could be powerful evidence if they establish a clear audit trail showing the disputed funds came from the Abu Dhabi government rather than the owners,” he said.

However, Severn added that City would face an “uphill struggle” to show the findings were materially wrong if the commission had already considered that evidence before reaching its conclusions. He also identified a possible route for City, saying a fundamental misunderstanding of emails, a failure to consider their proper context or conclusions inconsistent with other contemporary documents could amount to a material factual error.

The independent Appeal Board has broad powers to allow or dismiss the appeal, vary the commission’s decision or make another order it considers appropriate. The proceedings will remain private and confidential until publication of the outcome is permitted.

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