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Thread: Lex Mitior And FFP

      
  1. #1
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    Default Lex Mitior And FFP

    No, Lex Mitior is not our new LB!

    I don't know if this has been mentioned previously but there's a strong possibility QPR will escape a heavy fine for FFP failure due to a legal principle called Lex Mitior. This is where because the current regulations have been altered (as the current regulations are seen as unfeasible) the lesser regulations should already be used when dealing out punishments.

    Now if QPR are successful with this legal challenge does that make our punishment null and void or could the football league sanction us under different rules from QPR?

    This isn't exactly new news but this should come to a head quite soon.


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  3. #2
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    Default Re: Lex Mitior And FFP

    I don't know. I didn't even know Lex was a name.


  4. #3
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    Default Re: Lex Mitior And FFP

    I know a lot of clubs are watching the case closely and I believe a lot will take action if the lawsuit goes ahead.


  5. #4

    Default Re: Lex Mitior And FFP

    If they win and we follow suit, can they open the transfer window for us to buy some more players?


  6. #5
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    Default Re: Lex Mitior And FFP

    tempus regit actum

    sounds painful?

    it could be... the test is should the regulations of the league that were in place at the time of infringement stand or should it be the later regulations which were introduced to mitigate the failings of the prior set

    the league is likely to argue that the holders have the golden share had the power to revoke but didn't, and thus tempus regit actum should hold over lex mitior

    Last edited by Redemption; 03-02-15 at 22:53.
    We shall meet again before long to march to new triumphs - Giuseppe Garibaldi | vivit post funera virtus - Emprorer Tiberius

  7. #6

    Default Re: Lex Mitior And FFP

    Wasn't he the baddie in Superman ?


  8. #7
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    Default Re: Lex Mitior And FFP

    Is there a definitive answer on when this embargo actually ends? I've read conflicting information some saying could be this summer, some saying next and some saying two years from now. Or is it simply when we're complying with FFP rules?


  9. #8
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    Default Re: Lex Mitior And FFP

    Quote Originally Posted by Brian Fantana View Post
    No, Lex Mitior is not our new LB!

    I don't know if this has been mentioned previously but there's a strong possibility QPR will escape a heavy fine for FFP failure due to a legal principle called Lex Mitior. This is where because the current regulations have been altered (as the current regulations are seen as unfeasible) the lesser regulations should already be used when dealing out punishments.

    Now if QPR are successful with this legal challenge does that make our punishment null and void or could the football league sanction us under different rules from QPR?

    This isn't exactly new news but this should come to a head quite soon.
    They'll get away with it because they're in the Premier League and we're not.


  10. #9
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    Default Re: Lex Mitior And FFP

    Quote Originally Posted by Ajlee17 View Post
    They'll get away with it because they're in the Premier League and we're not.
    I assume that they were expecting to stay in the PL for quite some time and thus away from the reach of the FL and the reputed £50m fine. This is by no means guaranteed now and should they come straight back down, they need to either win a legal challenge, pay the fine or accept being suspended by the FL. Now the rules have changed for the future (£36m losses allowed over 3 seasons is it?), then I would guess that they feel fairly confident that a legal challenge will succeed. I believe Leicester were also reportedly involved in considering legal action some time ago, along with another three or four clubs.


  11. #10
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    Default

    If the embargo was wrong do we get 31 days to sign players again?

    "Ive only met Andy....last week actually and can confirm he is in 2nd place in sexiest fucker on here stakes." -Barry

  12. #11

    Default Re: Lex Mitior And FFP

    Quote Originally Posted by J'Psycho'C66 View Post
    Is there a definitive answer on when this embargo actually ends? I've read conflicting information some saying could be this summer, some saying next and some saying two years from now. Or is it simply when we're complying with FFP rules?
    I guess that we have to pass FFP before they will remove the embargo, and from what I understood of the FFP rules players purchase prices are written off over their contract life, so a £5m contract with a 5 year length is supposed to be written off at £1m per year, so you can't buy all your players in one season, have a years embargo and then you're ok again.


  13. #12
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    Default Re: Lex Mitior And FFP

    Quote Originally Posted by I'm Red Till Dead View Post
    I guess that we have to pass FFP before they will remove the embargo, and from what I understood of the FFP rules players purchase prices are written off over their contract life, so a £5m contract with a 5 year length is supposed to be written off at £1m per year, so you can't buy all your players in one season, have a years embargo and then you're ok again.
    From the football league

    Each club will have the opportunity to have its FFP embargo lifted at the end of the season by demonstrating that it has stayed within the maximum permitted deviation of £6m (£3m operating loss plus £3m shareholder investment) for the 2014/15 season.

    The Football League has also confirmed the way in which FFP embargoes will operate for clubs placed under this sanction.

    Clubs will be prohibited from registering any new professional players (permanent contract or loan) unless they have:

    • 24 or fewer established players (players aged 21 or over that have made at least 5 starting appearances for the club).

    Where clubs have fewer than 24 established players, they will only be permitted to sign players in the following circumstances (with the player in question being added to the club’s list of established players regardless of his age or previous playing experience):

    • Where the employee costs of a player being signed are less than £600,000 per annum (or pro-rata if signed on a shorter contract).

    Where clubs have 24 established players, they will be permitted to trade on a ‘one out, one in’ basis but only if the employee costs of the player coming in to the club are no more than whichever is the lower amount of:

    • 75% of the equivalent costs of the player going out.
    • Or a maximum of £600,000 per annum (or pro-rata if signed on shorter contract)

    In addition:

    • Clubs under an FFP embargo will be permitted to sign a goalkeeper on an emergency basis (in line with existing regulations).
    • Clubs under an FFP embargo will not be permitted to pay transfer fees or compensation fees for professional players.
    • Clubs under an FFP embargo will not be permitted to pay a loan fee to another club, they may only pay the player’s wage (or a contribution towards it).
    • For incoming players, clubs can only pay Agents’ Fees as a benefit in kind to the player in question (as long as they do not exceed the £600,000 employee costs limit).
    Read more at http://www.football-league.co.uk/new...hDLvwKdLc2Y.99


  14. #13
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    Default Re: Lex Mitior And FFP

    They're being penalised for losses made during seasons when the FL FFP rules were already in place - how can they claim the previous rules should apply to them?


  15. #14
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    Default Re: Lex Mitior And FFP

    Quote Originally Posted by Forrest_Grump View Post
    They're being penalised for losses made during seasons when the FL FFP rules were already in place - how can they claim the previous rules should apply to them?
    They are claiming that the new rules (let's call it FFP 2.0) should apply to them because these new rules were introduced to fix the old rules (FFP 1.0).

    Basically, Lex Mitior says 'in the event of a change of law, let the most lenient punishment apply' because the change must have been implemented because the former punishment was too harsh.

    Last edited by Redemption; 04-02-15 at 10:58.

  16. #15
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    Default Re: Lex Mitior And FFP

    Quote Originally Posted by psychoDrama View Post
    They are claiming that the new rules (let's call it FFP 2.0) should apply to them because these new rules were introduced to fix the old rules (FFP 1.0).

    Basically, Lex Mitior says 'in the event of a change of law, let the most lenient punishment apply' because the change must have been implemented because the former punishment was too harsh.
    Thanks for that clarification

    I'm not sure if it's feasible to apply a legal principle, the validity of which appears itself to be questionable, to the rules of a UK association, but I guess this case will determine that - maybe


  17. #16
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    Default Re: Lex Mitior And FFP

    Lex Mitior and FFP?

    Sounds like a cheesy name for a band.

    „I believe in socialism because it seems more humanitarian, rather than every man for himself and 'I'm alright jack' and all those arsehole businessmen with all the loot. I made up my mind from viewing society from that angle. That's where I'm from and there's where I've made my decisions from. That's why I believe in socialism“

    — Joe Strummer

  18. #17
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    Default Re: Lex Mitior And FFP

    Lex Mitior and the battle for Earth.

    I'm hoping it's pronounce meteor.


  19. #18

    Default Re: Lex Mitior And FFP

    Quote Originally Posted by J'Psycho'C66 View Post
    Is there a definitive answer on when this embargo actually ends? I've read conflicting information some saying could be this summer, some saying next and some saying two years from now. Or is it simply when we're complying with FFP rules?
    As it stands, the next audit will be in December. The embargo will remain in place through the summer window but could could be lifted in time for next Jan.


  20. #19
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    Default Re: Lex Mitior And FFP

    Can we sing him in the umbongo and if so can he play left back?


 

 

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