UK time is: 09:11:15
Vital Login
Social Login

Choose your club

Other Sites

Network Navigation

Vital Partners

'If It's Football, It's Vital'

Football Creditors rule lawful says Judge

At a hearing in the High Court today (May 25), Mr Justice David Richards dismissed the latest attempt by HM Revenue and Customs (HMRC) to have the so-called 'Football Creditors` rule declared unlawful.

This decision follows a five day hearing in November and December 2011. Costs have been ordered against the HMRC, who have been granted leave to appeal to the Court of Appeal.

A Football League statement reads "The judgment confirms that The Football League`s rules and insolvency policy do not breach the principles of existing insolvency law.

"We recognise that some regard the application of these rules as being imperfect. However, they remain an essential part of football`s approach to handling insolvent clubs within the wider context of competitive league football.

"The judgment recognises that a league has the right to insist upon insolvent clubs meeting their financial obligations to the rest of the game as a condition of continued membership.

"Had this principle been ruled unlawful, the most likely consequence would be insolvent clubs being expelled from The Football League altogether, as clubs would be unwilling to compete against teams that have defaulted on debts to their fellow clubs. This would have devastating consequences for the clubs concerned, their supporters and people living in their local community.

"Although it is regrettable that HMRC sought to test this matter before the Courts, we remain committed to a constructive dialogue with the tax authorities, as we share the common aim of ensuring that clubs meet their liabilities as and when they fall due, including sums owed to HMRC. To this end, The Football League and HMRC have co-operated over the implementation of a monthly PAYE reporting mechanism that has significantly reduced the amount of tax owed by clubs. (Something I had pressed for - Ed)

"In an ideal world The Football League would never have to apply its insolvency policy. Therefore, our focus will remain on creating a sustainable business environment for all our member clubs. Most recently, this has seen all three divisions of The Football League agreeing to implement cost control measures as part of The League`s Financial Fair Play framework."

While this is good news for football in general, Pompey Administrator Trevor Birch was hoping this rule would be scrapped as it would have helped the club in their current plight. The decision has been very slow in coming forward - six months - which suggests the judge had a lot to consider and that may lead to the appeal being successful - however that would come too late to help Pompey.

Assuming the club proposes a CVA to exit administration (as required by the League rules) the club is suspended from the league until certain 'football creditors' are paid in full through the CVA. This includes transfer fees and players wages. Any remaining monies are paid to the other creditors such as HMRC and trade creditors. Funnily enough, HMRC is not particularly happy that wealthy footballers receive all their money whereas the tax payer loses out.

Of course this is all costing YOU the taxpayer money.

Well that`s it from me as acting Ed as Rug is back from leave tomorrow. See you very soon with a summer series of Toast with my old friend Al Fresco.

PUP




Use your social login to comment on front page articles. Login using you Facebook, Twitter, Google or LinkedIn accounts and have your say!



Click here to join in the debate on the club forum.

The Journalist

Writer: eastneydave Mail feedback, articles or suggestions

Date:Friday May 25 2012

Time: 4:21PM

Your Comments

When you add the costs of this case to that of the Redknapp/Mandaric trial it does make you wonder why HMRC really bother.
bluedr
In this instance I'm on the side of HMRC. Why should creditors within football get a 100% return whilst those outside get a measly 2-20% return? If a club sells a player on deferred terms they should suffer like anyone else if the buying club goes bust.
PFCblue
Exactly PFCblue!
penton
 

Have Your Say

Log in...
with your social network     OR     with your Vital account

Recent Portsmouth Articles

On this day in history...30th August (Saturday August 30 2014)

Pompey v Newport IOW (Friday August 29 2014)

Robbo's loan extended (Friday August 29 2014)

On this day in history...29th August (Friday August 29 2014)

Awford's assessment - Stoke 3-0 Pompey (Thursday August 28 2014)

On this day in history...28th August (Thursday August 28 2014)

Stats: Stoke v Pompey (Wednesday August 27 2014)

On this day in history...27th August (Wednesday August 27 2014)

Stoke v Pompey (Tuesday August 26 2014)

Archived Portsmouth Articles

List All Vital Pompey Articles
Have your say
Click here to suggest an article
Click here to suggest a poll

Vital Members League (view all)

1. pompeyrug 220
2. Lemmi 147
3. PFCblue 124
4. mslorna48 87
5. eastneydave 49
6. storagematt 36
7. Emsworthianblue 28
8. paultsmouth 13
9. PompeyJake 13
10. Jimsmithswig 12

League Results (view all)

Latest Results
Exeter 1 - 1 Portsmouth
Oxford 0 - 1 Portsmouth
Portsmouth 2 - 1 Cambridge
Portsmouth 2 - 0 Northampton

League Table (view table)

Team P W D L GD Pts
1. Morecambe 4 4 0 0 +6 12
2. Portsmouth 4 3 1 0 +4 10
3. Cheltenham 4 3 1 0 +3 10
4. Burton 4 3 1 0 +3 10
5. Wycombe 4 3 0 1 +4 9
6. Shrewsbury 4 2 2 0 +5 8
7. Bury 4 2 1 1 +2 7

Breaking League News

On this day in history...30th August
Portsmouth : 30/08/2014 07:00:00
Chairboys expecting tough ride
York : 29/08/2014 21:48:00
#PompeyPredictionsLeague - Update no.4
Portsmouth : 29/08/2014 20:40:00
Loan Exit Still On The Cards
Northampton : 29/08/2014 19:47:00
Widdowson The Left Back Solution
Morecambe : 29/08/2014 19:43:00

Current Site Poll (view all polls)

Pompey v Newport?
Suggested By:  pompeyrug
Pompey win 86%
Newport win 14%
Draw 0%