How are legal costs recovered in Premier League disciplinary proceedings? Reviewing guidance of Appeal Board in the Everton case

The Premier League’s Appeal Board has provided highly relevant guidance on the approach to costs which may be ordered to be paid by a club to the Premier League as a result of disciplinary proceedings in a decision delivered on 5 July 2024. 

The decision is available here.

Introduction

The decision in this case raises questions about the finances of the Premier League. The Everton proceedings involved some £3.2m of costs which the Premier League was unable to recover from Everton even though the Premier League had succeeded in the proceedings. By contrast the current proceedings taking place between Manchester City and the Premier League are likely to involve legal costs on the Premier League of tens of millions of pounds.  If costs cannot be recovered from Manchester City, the unrecovered costs will be borne by the Premier League and the member clubs.

It is by no means apparent from the Rules or the recent decision of the Appeal Board that the incidence of unrecovered costs of disciplinary proceedings has been given much consideration until recently. The scale of unrecovered costs reflects the complexity, length and cost of disciplinary proceedings by the Premier League and raises questions as to what if anything should be done to mitigate the burden of the costs and proceedings.