Everton have leapfrogged Nottingham Forest and Brentford in the Premier League table appeals board reduced their 10-point deduction to six, giving them four back.
The Toffees had been docked 10 points for breaking spending rules in a period ending 2021-22, after out-spending the allowed £105million losses by £19.5m.
But the club have insisted they had mitigating factors which should be taken into account. Those included what losses were permissible, such as stadium costs, loss of investment due to the Russian war, and also Covid-related downfalls.
Everton then appealed their 10-point loss on grounds of unfairness, saying the punishment was ‘disproportionate’. A three-man appeal panel heard a three-day hearing in late January and earlier this month.
The Toffees were not allowed to present new evidence in that hearing but did make several legal representations, led by ’super silk’ Laurence Rabinowitz KC against a 10-point penalty imposed for breaches of financial rules has been reduced to six points after an appeal.
The appeal board said they had made their decision after ruling that the commission made ‘legal errors’ on two of the nine grounds brought up by Everton over their Premier League sanctions.
Everton say they are ’satisfied’ with the outcome and insisted it felt ‘vindicated’ in their move to pursue an appeal.
‘While the Club is still digesting the Appeal Board’s decision, we are satisfied our appeal has resulted in a reduction in the points sanction,’ the club said.
‘Everton can confirm an Appeal Board has concluded that the points deduction imposed by an independent Premier League Commission in November be reduced from 10 points to six points, with immediate effect.
‘While the Club is still digesting the Appeal Board’s decision, we are satisfied our appeal has resulted in a reduction in the points sanction.
‘We understand the Appeal Board considered the 10-point deduction originally imposed to be inappropriate when assessed against the available benchmarks of which the Club made the Commission aware, including the position under the relevant EFL regulations, and the 9-point deduction that is imposed under the Premier League’s own rules in the event of insolvency.
‘The Club is also particularly pleased with the Appeal Board’s decision to overturn the original Commission’s finding that the Club failed to act in utmost good faith. That decision, along with reducing the points deduction, was an incredibly important point of principle for the Club on appeal. The Club, therefore, feels vindicated in pursuing its appeal.
‘Notwithstanding the Appeal Board’s decision, and the positive outcome, the Club remains fully committed to cooperating with the Premier League in respect of the ongoing proceedings brought for the accounting period ending in June 2023.
‘The Club is still considering the wider implications of the decision and will make no further comment at this time other than to place on record its thanks to our Fan Advisory Board and other fan groups throughout this process, and to all Evertonians for their ongoing support and patience.’
The Toffees made their appeal hearing before an independent commission earlier this month after the club described the initial 10-point penalty as ‘wholly disproportionate’.
The Premier League released their own statement confirming the reduction.
‘An independent appeal board has concluded that the sanction for Everton FC’s breach of the Premier League’s profitability and sustainability rules (PSRs), for the period ending Season 2021/22, will be an immediate six-point deduction.
‘This follows the club’s appeal of an independent commission’s decision in November 2023 to impose a 10-point deduction for the club’s breach of the PSRs.
‘The appeal was heard over three days earlier this month, by an appeal board comprising Sir Gary Hickinbottom (Chair), Daniel Alexander KC and Katherine Apps KC.
‘Everton FC appealed the sanction imposed against it on nine grounds, each of which related to the sanction rather than the fact of the breach, which the club admitted.
‘Two of those nine grounds were upheld by the Appeal Board, which has substituted the original points deduction of 10 for six.
‘This revised sanction has immediate effect and the Premier League table will be updated today to reflect this.’
