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FrenchEyeGlass

Vote Suarez for PL player of 2011

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Guest davelfc

Luis Suárez has 14 days to consider whether to appeal against his eight-match ban for racially abusing Patrice Evra from the date that Liverpool receive the written reasons of the Football Association's regulatory commission, not from Tuesday, which was the date of the decision. It is important to note that Suárez can only appeal against the level of the sanction not the actual verdict.

 

I would expect Liverpool to receive the written reasons quite soon – they are usually provided within three working days of the decision being announced, although the Christmas period may slow this down. Giving two weeks to decide whether to lodge an appeal is unusual. The usual directions for appeals against the decisions of the regulatory commission provide for a much tighter timetable.

 

If Suárez decides not to appeal, the decision will become binding. If he decides to appeal, he must provide written submissions and there will be a hearing, at which he will be represented by lawyers. The appeal board can reduce the sanction, but it can also increase the sanction and its decision is stated to be final and binding. But if it goes against Suárez, he may be inclined to try a further challenge.

 

The additional options he may try to challenge the decision include the following:

 

• He could bring arbitration proceedings under rule K of the FA's rules. Such an arbitration would be limited to a challenge to the validity of the decision on the grounds of ultra vires (including error of law), irrationality or procedural unfairness. An arbitration would likely take place behind closed doors before a three-person tribunal. The process would take months rather than weeks, and it is likely that the suspension and fine would take effect pending the arbitration.

 

• He could attempt to bring judicial review proceedings in the high court, but his chances of getting this type of action off the ground must be considered quite limited. In a challenge to the setting up of the Premier League in 1992, the high court decided that the FA was not subject to judicial review.

 

Regarding how the FA will have prepared for attempts at appeal, the regulatory commission will take great care in the drafting of its written decision. The commission will want to ensure, as far as possible, that the logic and the application of the FA rules are as watertight as possible, giving as little room as they can to routes of appeal.

 

One other option that may be considered relates to the statement released by Liverpool FC. I note it states that "the accusation by this particular player [Evra] was not credible – certainly no more credible than his prior unfounded accusations". Suárez, therefore, may consider suing Evra for defamation.

 

When decisions such as this come out, teams and players usually make a statement about "going all the way to Europe". Yet such statements rarely, if ever, come to anything. Rights of access to both the European court of human rights and the court of arbitration for sport are strictly limited, and I would find it hard to believe that any such challenge would be made in the first place.

 

It also strikes me that any decision whether to appeal may be used tactically. Suárez has 14 days to either (i) accept the charge, (ii) lodge an appeal or (iii) do nothing. If he admits the charge the penalty will take effect from the date the charge is admitted. Should Suárez appeal, the penalty is suspended until after the outcome of the appeal. Alternatively, Suárez could do nothing and allow the penalty to begin at the expiry of the 14-day deadline. These options will determine which matches Suárez can play in over the coming weeks.

 

A final point: when I advise clients on whether to commence legal action, the legal merits of their case is only one of a number of factors that I take into account. In a case such as this, Suárez and Liverpool should think long and hard about whether they want this case dragged out. A sensible option may be a contrite statement from Suárez making clear that he is not a racist and that he is gravely sorry for any offence he has caused and that, notwithstanding that he does not agree with the decision, he wants to put the whole episode behind him. The risk for Suárez of taking this further is that he goes down in history as the case that got to grips with racism in high-level football.

 

Steven Friel is a lawyer for Brown Rudnick who specialises in complex disputes

 

Luis Suárez and Liverpool have limited appeal options to FA and courts | Football | The Guardian

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Anyone frequent any other Liverpool boards should spread this too. I wouldn't post it on Facebook, as most of my 'friends' on there would vote for RVP.

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Guest San Don
Luis Suárez has 14 days to consider whether to appeal against his eight-match ban for racially abusing Patrice Evra from the date that Liverpool receive the written reasons of the Football Association's regulatory commission, not from Tuesday, which was the date of the decision. It is important to note that Suárez can only appeal against the level of the sanction not the actual verdict.

 

I would expect Liverpool to receive the written reasons quite soon – they are usually provided within three working days of the decision being announced, although the Christmas period may slow this down. Giving two weeks to decide whether to lodge an appeal is unusual. The usual directions for appeals against the decisions of the regulatory commission provide for a much tighter timetable.

 

If Suárez decides not to appeal, the decision will become binding. If he decides to appeal, he must provide written submissions and there will be a hearing, at which he will be represented by lawyers. The appeal board can reduce the sanction, but it can also increase the sanction and its decision is stated to be final and binding. But if it goes against Suárez, he may be inclined to try a further challenge.

 

The additional options he may try to challenge the decision include the following:

 

• He could bring arbitration proceedings under rule K of the FA's rules. Such an arbitration would be limited to a challenge to the validity of the decision on the grounds of ultra vires (including error of law), irrationality or procedural unfairness. An arbitration would likely take place behind closed doors before a three-person tribunal. The process would take months rather than weeks, and it is likely that the suspension and fine would take effect pending the arbitration.

 

• He could attempt to bring judicial review proceedings in the high court, but his chances of getting this type of action off the ground must be considered quite limited. In a challenge to the setting up of the Premier League in 1992, the high court decided that the FA was not subject to judicial review.

 

Regarding how the FA will have prepared for attempts at appeal, the regulatory commission will take great care in the drafting of its written decision. The commission will want to ensure, as far as possible, that the logic and the application of the FA rules are as watertight as possible, giving as little room as they can to routes of appeal.

 

One other option that may be considered relates to the statement released by Liverpool FC. I note it states that "the accusation by this particular player [Evra] was not credible – certainly no more credible than his prior unfounded accusations". Suárez, therefore, may consider suing Evra for defamation.

 

When decisions such as this come out, teams and players usually make a statement about "going all the way to Europe". Yet such statements rarely, if ever, come to anything. Rights of access to both the European court of human rights and the court of arbitration for sport are strictly limited, and I would find it hard to believe that any such challenge would be made in the first place.

 

It also strikes me that any decision whether to appeal may be used tactically. Suárez has 14 days to either (i) accept the charge, (ii) lodge an appeal or (iii) do nothing. If he admits the charge the penalty will take effect from the date the charge is admitted. Should Suárez appeal, the penalty is suspended until after the outcome of the appeal. Alternatively, Suárez could do nothing and allow the penalty to begin at the expiry of the 14-day deadline. These options will determine which matches Suárez can play in over the coming weeks.

 

A final point: when I advise clients on whether to commence legal action, the legal merits of their case is only one of a number of factors that I take into account. In a case such as this, Suárez and Liverpool should think long and hard about whether they want this case dragged out. A sensible option may be a contrite statement from Suárez making clear that he is not a racist and that he is gravely sorry for any offence he has caused and that, notwithstanding that he does not agree with the decision, he wants to put the whole episode behind him. The risk for Suárez of taking this further is that he goes down in history as the case that got to grips with racism in high-level football.

 

Steven Friel is a lawyer for Brown Rudnick who specialises in complex disputes

 

Luis Suárez and Liverpool have limited appeal options to FA and courts | Football | The Guardian

 

Im surprised this learned lawyer doesnt consider CAS. Is he not aware of its existence?

 

I've no doubt Suarez would not try and sue evra for defamation. Just what would be the point of that as evra has, apparently, stated at the hearing that Suarez isnt racist.

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Guest The Big Green Bastard

managed to vote again on the same computer/IP without receivng an error message.

 

I'll vote Luis everyday till it closes, hell, i might even vote twice a day!

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Done for the third time:

 

Demba Ba 1%

Vincent Kompany 0%

Luka Modric 0%

Nani 27%

Scott Parker 1%

Wayne Rooney 1%

David Silva 3%

Daniel Sturridge 1%

Luis Suarez 39%

Robin van Persie 26%

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if you use google chrome, opening an incognito window allows you to vote again.

same probably applies to other browsers edit# yeah u can vote once for twice on chrome, then open ie and then use private browsing, then twice in firefox

Edited by AquiMan
yeah u can vote once for twice on chrome, then open ie and then use private browsing, then twice in firefox

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