Manchester City’s Legal Battle: A Stand Against Premier League’s Charges

Manchester City, the celebrated Premier League outfit, has initiated a legal fight against the Premier League’s 115 charges tied to alleged breaches of rules. The stakes have been upped due to the club’s challenge to both the legal basis of the investigation and the involvement of Murray Rosen KC, the barrister steering the disciplinary process.

Contested Allegations: The Crux of the Matter

As reported by The Times, Manchester City’s dispute zeroes in on the recent modifications to the Premier League’s regulations. The club asserts that these new rules should not apply retroactively to investigations scrutinising alleged breaches that occurred before these adjustments were made.

In addition to this, the club has questioned the role of Murray Rosen KC, the chief of the Premier League’s independent judicial panel. Rosen, according to the rules, has the power to appoint himself as the chair of the disciplinary commission — a prerogative that City views with suspicion. The Times noted that Rosen’s profile on his chambers’ website lists him as a “member of the MCC and Arsenal FC”.

The Times sought comments from both the Premier League and Manchester City, but neither party responded. This silence is indeed significant, especially given legal experts’ speculation that it could take between two and four years to resolve the case.

However, this timeframe isn’t arbitrary. The established legal protocol stipulates that disputes between the clubs and the league are first directed to an arbitration tribunal. Beyond that, the case may escalate to the High Court and Court of Appeal.

While it’s uncertain which specific rule changes are the cause of Manchester City’s legal challenge, the Premier League’s rulebook has seen several alterations in recent seasons. One notable addition in February last year stipulated that individuals are obliged to provide information and documents upon request.

The new guidance states: “The obligation means that those bound by the rules must not only answer questions, provide information and provide documents when requested to do so, but also that, for example (and without limitation), they must not delay at all in doing so, they must do so comprehensively, and they must do so on a co-operative and open basis, which includes volunteering relevant information and documents unknown to the board, obtaining such information and documents from other parties when able to do so, and ensuring that the appropriate individuals are made available for questioning by the board.”

Potential Consequences: A Scary Prospect

If the charges are proven, Manchester City could face a host of sanctions, including a potentially damaging points deduction. The ultimate punishment? Expulsion from the Premier League – a consequence that would undoubtedly reverberate throughout the footballing world.

The specific charges against City span various issues: inaccurate financial reporting across nine seasons, non-cooperation with an investigation and failing to provide required documents over five seasons, withholding full details of Roberto Mancini’s pay during his tenure, and not providing full details of players’ compensation over six seasons.

In response, City has amassed an imposing legal team, including David Pannick KC, to counter the Premier League’s investigation and charges.

A Legal Tug-of-War: The Road So Far

City’s previous legal endeavors in response to an investigation launched in December 2018 reached their conclusion only in 2021. The charges were not brought until February of this year, demonstrating the lengthy nature of these legal processes.

A High Court ruling in March 2021 revealed that “the PL has suggested that the Club [MCFC] has sought to delay its handing over of the relevant documents and information by making numerous procedural applications”.