If the Premier League changes the Covid cancellation rules next week, the clubs could sue the league. The season is in danger of being halted by a series of court cases and injunctions.
A number of clubs are outraged at how 22 delayed games have been dealt with. This issue was brought to an ugly head by the cancellation of Arsenal’s north London derby despite only one Covid case. Legal action is likely to be considered by clubs.
Two weeks from now, Premier League clubs are expected to meet to discuss whether the rules need to be modified. Some feel that the spirit of law is being extended in ways it never was intended. This could potentially cover players missing because of their attendance at the Africa Cup of Nations.
The match between Burnley and Leicester was one 22 Covid postponements for this season
When Arsenal only had one Covid case, the north London derby was held
Leading football QC Nick De Marco recently represented Newcastle in an arbitration matter against the Premier League. He believes that a rule modification mid-season might give the Premier League legal grounds to be challenged on the ground of unfairness and inconsistency.
It could also lead to clubs seeking to injunct the Premier League. They may demand that games are canceled and end up in court.
A club executive stated that the Premier League had made a mistake by including Covid and injuries in their games. Omicron may be in decline, so I don’t think they should amend the rules. It is because they have been delayed by the reactions from the north London derby.
Another club, whose opponents applied for a postponement recently, said they were ‘p***** off about it’ and are not considering legal action only because they do not think the postponement will materially affect their season.
Because they were conscientious, Leeds has continued to play with the depleted matchday teams
Another Premier League medic has told The Mail on Sunday some clubs are ‘taking the p*** out of the rules’, which state a club must have 13 players of suitable experience plus a goalkeeper to play a game.
These rules were introduced quickly in December after it became apparent that football could be susceptible to Omicron infection.
The support of 14 clubs would be required to tighten the rules in order for clubs not to cite suspensions or injury. Because of the Premier League’s rules, there have been many more delays than other major European leagues.
De Marco explained that they could face legal action if the rules are changed completely. Think about a team in the exact same situation as another that lost a match.
After so many fixtures being called off, Burnley now has a huge backlog of fixtures
“One club has the match postponed, while the second doesn’t. The result could be relegation or being in the sixth place, which is worth some million pounds. It is easy to see how inconsistent treatment could lead to legal problems.
“The Premier League board’s decision to cancel the match in such circumstances is the most probable challenge, regardless of whether the rule was changed or not. The Premier League rules make it clear that unreasonableness can be a problem.
One club executive — not from Leeds — highlighted the case of the Yorkshire club, who are fully vaccinated.
If there are a lot of unvaccinated members in a club, it is possible to use them as absentees.
Thomas Tuchel, Chelsea boss, said that he’d be interested in seeing the rules changed once again
Although clubs like Leeds suffered many injuries, because they encouraged vaccinations, there were enough people available to them so that the club could continue playing, even with weaker teams.
According to the executive, ‘It’s opened up a whole new world. “Leeds were penalized the most for having young players out on loan in cup competitions. This led to them being deemed to have a huge player pool. Their players have been vaccinated so they can just get on with their lives.
Brendan Rodgers from Leicester said, ‘You must keep the rules as they are. Not all teams have played the exact same amount of games. They will make it more difficult for some teams to play if the rules are altered.
De Marco stated: “The entire point of a football contest is that all rules must be followed fairly. The key to success is consistency.
One lawyer suggests that the Premier League may be in violation of its obligation to act reasonable.
“There may be two kinds of challenges. The first is a claim to damages. The Premier League Rules state that if the board acted illegally or made an unreasonable decision, it has broken the contract.
‘If they made changes to the rules or used inconsistent treatment of players, it would constitute a breach of their duty not to act unreasonablely and could result in a loss to the club.
He stated that it was more common to seek the equivalent of an order or for injunctive relief. That means claims that a decision is invalidated before the match begins. This would constitute an application for internal injunction to the Premier League.
If a club is required to play in a match, and they can make a strong case for why they should not play because the decision was unreasonable, then the rules must allow for a fast hearing and an immediate decision. A hearing may be conducted within 24 hours.
There have been very few delays in the top divisions of France, Spain, Italy, and Spain.
The Premier League would have to agree to accelerate those hearings or they risk clubs moving down the FA arbitration route, and even to court.
“They’d say that although we may be bound to an arbitration clause, it won’t give us access justice.
Thomas Tuchel of Chelsea said it would not be strange to modify the rules once again. This was in reference to the game against Wolves, which Chelsea didn’t win. It did not appear to meet the criteria.
“We brought 14 players, and three of them were returning from injuries. It’s a little awkward to glance at the table and see teams that have played six less games during this stage.
A second executive stated that once you’ve implemented the rules you should not be changing them halfway through the season. It is c**p.’