[LU] Leedslist Digest, Vol 20, Issue 5

mark.humphries at blueyonder.co.uk mark.humphries at blueyonder.co.uk
Fri May 2 11:27:28 BST 2008


>
>
> Tim Leslie wrote:
>> Hang on Rick. You'll have to excuse the thickies amongst us. The 15
>> points
>> is NOT a penalty? Then what was it?
>
> Tim it has the effect of a penalty and botyh Leeds and the FL called it
> a penalty but the tribunal disagreed

..so that they could avoid the thorny issue of enforcing an illegal
contract clause.

Any damages clause in a contract has to be a fair and reasonable estimate.
 -10 points for going into admin could maybe be defended as a fair and
reasonable estimate of the extra points gained over a season by
over-stretching yourselves financially (ie getting better players by
paying them more than you could afford to).

An EXTRA -15points is indefensible.  It is a shame that LUFC put their
signature to the clause saying they wouldnt appeal the decision as I would
have loved to see the points penalty dealt with in detail.





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