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Nick De Marco "Legal action is inevitable"


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Nick De Marco, the sports QC Sheffield Wednesday have representing them in their battle against the EFL charges we face, is in the press today.

He Is basically saying today that no matter how or when the football leagues return, that there will be litigation as a result, with legal action coming from aggrieved parties.

There are bound to be angry/disappointed clubs no matter how the Championship ends this season, or whether doing so is felt to put their players at risk if football comes back sometime soon, or maybe they will be unhappy at playing behind closed doors, or at 'regional hubs' and not at their home stadiums.

 

Nick is ranked as one of the leading barristers in Sports Law. He regularly acts for sports governing bodies, players, clubs, sponsors, broadcasters and agents.

 

He is the ‘go to’ barrister in disputes in football in particular, whether commercial or regulatory. In addition to his busy sports practise, he is experienced in Commercial, Employment and Media law.

 

According to the football finance expert, Kieran Maguire, there is ‘no better sports QC in the country’ than De Marco, who has also represented the world governing body, FIFA, and clubs which include Manchester United, Manchester City, Sheffield United, Leeds United and Queens Park Rangers – the latter against the EFL.

(He also shoots film photography in his spare time as you can see from this photo from his Twitter feed which makes him ok with me!)

Do you think he's right on this one though? Will clubs/players start suing the EFL once the Championship returns and tries to get back to some kind of normality?

 


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2 minutes ago, @owlstalk said:

DPtmrQOXUAA8_-0.jpg

 

Nick De Marco, the sports QC Sheffield Wednesday have representing them in their battle against the EFL charges we face, is in the press today.

He Is basically saying today that no matter how or when the football leagues return, that there will be litigation as a result, with legal action coming from aggrieved parties.

There are bound to be angry/disappointed clubs no matter how the Championship ends this season, or whether doing so is felt to put their players at risk if football comes back sometime soon, or maybe they will be unhappy at playing behind closed doors, or at 'regional hubs' and not at their home stadiums.

 

Nick is ranked as one of the leading barristers in Sports Law. He regularly acts for sports governing bodies, players, clubs, sponsors, broadcasters and agents.

 

He is the ‘go to’ barrister in disputes in football in particular, whether commercial or regulatory. In addition to his busy sports practise, he is experienced in Commercial, Employment and Media law.

 

According to the football finance expert, Kieran Maguire, there is ‘no better sports QC in the country’ than De Marco, who has also represented the world governing body, FIFA, and clubs which include Manchester United, Manchester City, Sheffield United, Leeds United and Queens Park Rangers – the latter against the EFL.

(He also shoots film photography in his spare time as you can see from this photo from his Twitter feed which makes him ok with me!)

Do you think he's right on this one though? Will clubs/players start suing the EFL once the Championship returns and tries to get back to some kind of normality?


He’s absolutely bang on. Whichever way it goes there will be clubs taking action. 

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1 minute ago, northeastowl said:


He’s absolutely bang on. Whichever way it goes there will be clubs taking action. 


Wonder if it will extend to players if they don't feel safe to return to football.

Premier League clubs are already afraid they will be sued by their players if the return to football isn't a totally voluntary one.

By forcing their players back before they feel safe they put their clubs at risk of legal action from them.

 

 


Owlstalk Shop

 

 

 

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4 minutes ago, @owlstalk said:


Wonder if it will extend to players if they don't feel safe to return to football.

Premier League clubs are already afraid they will be sued by their players if the return to football isn't a totally voluntary one.

By forcing their players back before they feel safe they put their clubs at risk of legal action from them.

 


Yeah from the players perspective I have read this morning that Aguero isn’t fully comfortable playing. 

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If the season is finished with no changes (e.g all clubs playing at their home stadiums and not a regional hub) then it will be harder for clubs to take legal action, unless of course they are forced to finish the season behind closed doors which will be financially shocking.

 


Owlstalk Shop

 

 

 

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We all know some decisions the Football Authorities make leave a lot to be desired but they are between a rock and hard place with the current situation.

I cant really see a way football can start before August and that might be optimistic.

What ever is decided will be some right mardy clubs about pretending its all about the integrity, honour and fair play of football but in reality as always will be about money.

 

 

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So what happens if the season starts again on 1 Jan and there are still cases outstanding, one club wins their case in march and should have been promoted?

 

Do they have to restart all the league's again as they will all be impacted?

 

Surely there is a rule in the league handbook for unforseen circumstances such as this or war to void a season, which everyone has to adhere to

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Whatever is decided legal action is inevitable. We have a sue culture and whatever happens, someone will feel aggrieved. For me, the best option is to complete this season in front of fans at clubs respective grounds however long this takes then alter the following season(s) based on the amount of time available to play them. It's still not perfect as teams will have players out of contract, returning from injury etc so will be playing a different side than if they were playing now but it's the fairest way I can think of. 

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Nice Rollieflex medium format camera there. Apart from that, it's sounds kind of obvious to me that there will be litigation from one party or other. There is too much money at stake, which is 90% of the problem with football.

 

The other 10% is made up of L**ds and the pigs.

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4 minutes ago, nbupperthongowl said:

So what happens if the season starts again on 1 Jan and there are still cases outstanding, one club wins their case in march and should have been promoted?

 

Do they have to restart all the league's again as they will all be impacted?

 



What a mess.


This is where big money in football, and the legal action culture has totally taken over now.

Sad sad times.

 

Anyone remember when 'football' as an idea/business used to be fun?
 

 


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21 minutes ago, northeastowl said:


Yeah from the players perspective I have read this morning that Aguero isn’t fully comfortable playing. 

Think Aguero went a bit further than that.. He said the players were scared to return.

 

Don't blame them either.

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Hope he wont be too busy to keep representing us though.

 

There is no perfect scenario and some clubs will be losing out financially based on decisions from EFL EPL etc which are not in their rulebook or legally tested, such as who goes to Europe who is relegated promoted etc.

Owners will be losing a lot of cash so will litigate against those decisions. Its gonna be messy. 

Its already starting in France.

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35 minutes ago, matthefish2002 said:

will be some right mardy clubs about pretending its all about the integrity, honour and fair play of football but in reality as always will be about money.

It's about all those things isn't it?  Leeds don't just want to be in the Premier League for the cash. Of course that's part of it but do the players want to play at Oakwell or Old Trafford? Do the fans want to visit Anfield or Ashton Gate?

 

I'm not sure we'd be as detached as we are if were sitting top of the Championship. It's a nightmare decision to have to make - one reason I think why they've delayed it is because they'd rather hold out for a relatively straightforward way through this, regardless of how remote a possibility that was and is.

 

Other leagues have chosen different routes and some clubs aren't happy.  Some are clinging on to the possibility of carrying on. All evidence that it's not clear cut. Sometimes the law of the land is the only way to settle disputes. 

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