Profit & sustainability in the EFL: decisions against Sheffield Wednesday, Wigan & Birmingham

The English Football League (EFL) has recently published disciplinary decisions, two of which resulted in points deductions. In one case (Sheffield Wednesday), the points deduction was suspended until the start of next season, 2020-21. In another (Wigan) the points deduction took effect from the end of last season, 2019-20, resulting in that club’s relegation. In another case again (Birmingham City), a reprimand only was given. In a decision yet to be published (Macclesfield Town[1]), a points deduction took effect in the 2019-20 season, resulting in that club’s immediate relegation.
This article by John Mehrzad QC and Bianca Balmelli of Littleton’s Sports Law Group will explain the context of the three recently published disciplinary decisions. It will demonstrate that:
- timing of bringing charges under the EFL Regulations and the Profitability & Sustainability (P&S) Rules;
- the seriousness of their breach; and
- any subsequent compliance may influence not only the extent of any sporting sanctions but also when those sanctions may take effect.
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- Tags: Disciplinary | Dispute Resolution | EFL Regulations | English Football League (EFL) | Football | Profit and Sustainability Rules
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Written by
John Mehrzad KC
John Mehrzad KC is a Barrister at Fountain Court Chambers specialising in sports law, employment and commercial disputes, across the fields of litigation, domestic and international arbitration as well as cross-border matters.
He was appointed as a silk after only 12 full years’ practice – the fastest barrister appointee of the 2019 competition. More recently, he was listed in The Lawyer’s “Hot 100 2023”, and he has been described in the legal directories as “exceptional and a true heavyweight in his field” with the recommendation that “if you want to win – you want him on your side before the opposition snaps him up”. He was nominated as ‘Sports Law Silk of the Year’ by The Legal 500 in 2022 and 2023.
Bianca Balmelli
Before coming to the Bar, Bianca worked as an advocate in South Africa, where she qualified in 2013. There she advised clients on various commercial disputes, both in the High Court and in Arbitrations.