Home Sports Nottingham Forest ‘LOSE appeal against four-point deduction’ for breaching Premier League spending rules

Nottingham Forest ‘LOSE appeal against four-point deduction’ for breaching Premier League spending rules

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Nottingham Forest was credited with an early admission of guilt and cooperation.
  • The news deals a blow to their hopes of staying in the Premier League.

Nottingham Forest have reportedly lost their appeal against a four-point deduction for breaching Premier League financial rules.

The decision, according The Athletic, deals a serious blow to their hopes of avoiding relegation to the Championship, as the club hoped to regain some of the points. Forest are currently in 17th place, just three points above the relegation zone.

The club was sanctioned for failing to meet the Premier League’s profitability and sustainability standards. Forest, whose legal team was led by Nick De Marco KC, had said they were “extremely disappointed” to receive a four-point penalty.

Premier League clubs can lose £105m over three seasons (£35m per campaign), but Forest were only allowed to lose £61m because they spent two years of the assessment period in the Championship.

Forest exceeded their PSR threshold by up to £34.5m in the relevant period, the Premier League said.

Nottingham Forest was credited with an early admission of guilt and cooperation.

The four-point deduction put them in the relegation zone below Luton (table of 18 March)

The four-point deduction put them in the relegation zone below Luton (table of 18 March)

Forest owner Evangelos Marinakis will be disappointed with the appeal panel's decision.

Forest owner Evangelos Marinakis will be disappointed with the appeal panel’s decision.

The club’s early admission of guilt and its collaboration with the Premier League contributed to the club receiving a lesser penalty than Everton, who were initially docked 10 points before the punishment was reduced to six on appeal.

The Premier League had proposed deducting two points from the penalty imposed on Forest, while the club pushed for a reduction of a third, which would have reduced the penalty to three points.

Ultimately, the Commission decided not to deduct a third point for an early exception, but instead decided to deduct two points for the early exception and cooperation.

As a result, Forest eventually received a four-point penalty.

Part of Forest’s defense had involved the sale of Brennan Johnson to Tottenham for £47.5m in August.

As PSR calculations are made over a three-year period ending June 30, Johnson’s deal will count towards the calculation for the 2021-2024 period rather than 2020-23, as it was completed by the deadline.

Clubs can suffer financial losses of £105m over a three-year period, with Forest reporting an annual loss of £45.6m in their latest accounts.

Following the decision to dock four points, Forest said in a statement: “We are very dismayed by the tone and content of the Premier League’s submissions to the Commission.

How the Independent Commission calculated Forest’s points deduction
Sanction effect
Entry point for a significant breach3
Circumstances and magnitude of the admitted non-compliance+3 points
Minus: mitigation-2 points
Total sanction4 points

“After months of commitment to the Premier League and exceptional cooperation throughout, this was unexpected and has damaged the trust we had in the Premier League.

“For the Premier League to ask for an eight-point penalty as a starting point was completely disproportionate to the nine points prescribed by its own insolvency rules.

“We were also surprised that the Premier League did not take into account the Club’s unique circumstances and their mitigation. In circumstances where future PSR commissions follow this approach, it would be extremely difficult, if not impossible, for newly promoted clubs without parachute payments compete, thereby undermining the integrity and competitiveness of the Premier League.

Under-pressure Forest boss Nuno Espirito Santo previously called the situation “a disaster”.

“It can affect the integrity of the competition,” Nuno said. “All these things need to be resolved as soon as possible.”

Questions and answers

WHO IS SUBJECT TO FFP RULES AND HOW MUCH CAN THEY LOSE?

In England, all Premier League clubs must comply with the Profit and Sustainability Regulations (PSR), which state they cannot lose more than £105 million over a three-year period. In the EFL, the rules differ depending on which division the club is in. In the Championship, Profit and Sustainability (P&S) rules dictate that clubs can lose up to £39m over three years. In Leagues One and Two, clubs follow the Salary Cost Management Protocol (SCMP), which states that each club can only spend a fixed percentage of their income on salaries. This limit may also be affected by capital injections or net transfer expenditures.

ARE ALL THE CLUB’S EXPENSES AND INCOME PART OF THE FFP CALCULATIONS?

Income yes. Spend no, and this is where the complications come in. Clubs are allowed to spend money on infrastructure, women’s teams and academy costs and not see it go towards their figure. In Everton’s previous 10-point ban, which they saw reduced to six after appeal, one contentious area was over interest owed on loans which the club said were related to their new stadium, which the Premier League contested.

WHAT HAVE THE FORESTS DONE WRONG?

Given their promotion from the Championship, Forest had to play by different rules and their allowable losses sat at a lower level of £61m. Indeed, their top-flight campaign had an allocation of £35m, with £13m for each of the two seasons in the second tier. Forest, as is known, have signed 43 players since they won the play-off final in May 2022.

WHY HAS THERE BEEN A RECENT INCREASE IN CHARGES?

P&S came into play during the 2015-16 season. The simple answer is that the ‘spike’ came about now because all three clubs involved (if you include Manchester City) were recently found to have allegedly breached the rules.

WHAT IS THE APPEALS PROCESS, WILL DEDUCTIONS APPLY THIS SEASON AND WHAT DEFENSE CAN CLUBS HAVE?

A club has fifteen days to respond and the hearing must be completed by early April, before any appeal is heard. Should an appeal be filed, the process could be extended until the end of May, beyond the end of the season. Due to the subjectivity involved, clubs can appeal in any of several areas. With Forest, they are expected to claim they sold Brennan Johnson to Tottenham at the August deadline for a higher fee (a club record £47.5m) than they would have received in June, before the end of the year. financial. although it remains to be seen whether that would have an effect.

WHAT IS THE BIGGEST PUNISHMENT A CLUB CAN BE HIT WITH IF IT IS FOUND GUILTY?

There is no sanctioning policy or established range of punishments. Instead, any punishment is in the hands of the independent commission appointed by the Premier League, and the rule book is “open”. The harshest punishment is likely to come in the form of a large points deduction that could turn an offender’s demotion into a formality.

By Mike Keegan

Nuno Espirito SantoPremier League

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