Jonathan Seitler KC
129 posts

Jonathan Seitler KC
@JonathanSeitler
property litigation KC arguing about and with, all things immovable @wilberforcechambers #propertylitigation
London Katılım Şubat 2010
596 Takip Edilen371 Takipçiler

Top guy. Free Palestine ✊🏼🇵🇸
City Report@cityreport_
Israel have accused Gianluigi Donnarumma of taunting their players during their World Cup qualifier against Italy. Donnarumma ‘mocked the Israeli national team players’ after the game and ‘it took the intervention of his teammates to prevent matters from escalating’. 📰 @fanpage
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@ShawD91 I did warn about taking on this role on a zero hour contract basis.
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@ShawD91 The chopped herring must be Yidi’s from Manchester
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@themagic_tophat Reporting would cross the line. Preparing would not.
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@JonathanSeitler Poor grammar re-write from me…
Thanks Jonathan!
Do you think that preparing and reporting the accounts to the league on the basis that no APTs existed; when they clearly held the belief that APTs were in place and as such, sought to hide this, might fulfil this?
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⚽️ 𝗪𝗵𝘆 𝘁𝗵𝗲 𝗣𝗟 𝗺𝗶𝗴𝗵𝘁 𝗻𝗼𝘁 𝗲𝘃𝗲𝗻 𝗻𝗲𝗲𝗱 𝘁𝗼 𝗽𝗿𝗼𝘃𝗲 𝗠𝗮𝗻 𝗖𝗶𝘁𝘆 𝗯𝗿𝗲𝗮𝗰𝗵𝗲𝗱 𝗙𝗙𝗣 𝘁𝗼 𝗵𝗮𝘃𝗲 𝘁𝗵𝗲𝗺 𝗲𝘅𝗽𝗲𝗹𝗹𝗲𝗱 ⚖️🪦
Many people erroneously think CAS ‘cleared’ Man City in 2020. They did not. The 3-person panel made a number of findings that reflected awfully on the club, which often get ignored by the media.
One of their unanimous findings (in para. 290 of the decision) was this: “𝘛𝘩𝘦 𝘓𝘦𝘢𝘬𝘦𝘥 𝘌𝘮𝘢𝘪𝘭𝘴 𝘥𝘪𝘴𝘤𝘶𝘴𝘴 𝘢𝘯 𝘢𝘳𝘳𝘢𝘯𝘨𝘦𝘮𝘦𝘯𝘵 𝘸𝘩𝘦𝘳𝘦𝘣𝘺 𝘌𝘵𝘪𝘩𝘢𝘥’𝘴 𝘴𝘱𝘰𝘯𝘴𝘰𝘳𝘴𝘩𝘪𝘱 𝘤𝘰𝘯𝘵𝘳𝘪𝘣𝘶𝘵𝘪𝘰𝘯𝘴 𝘸𝘰𝘶𝘭𝘥 𝘣𝘦 𝘧𝘶𝘯𝘥𝘦𝘥, 𝘰𝘳 𝘱𝘳𝘰𝘤𝘶𝘳𝘦𝘥 𝘵𝘰 𝘣𝘦 𝘧𝘶𝘯𝘥𝘦𝘥, 𝘣𝘺 𝘏𝘏𝘚𝘔 𝘢𝘯𝘥/𝘰𝘳 𝘈𝘋𝘜𝘎.”
The leaked emails in question were between City’s Chief Operating Officer (COO) Graham Wallace, Chief Executive Officer (CEO) Ferran Soriano, Head of Finance Andrew Widdowson, and Chief Financial Officer (CFO) Jorge Chumillas. They ran over a span of 3 years (2012-2015).
This meant that CAS unanimously made a finding of fact that the executive hierarchy of Man City conspired to cheat the rest of the league by subverting FFP.
2/3 of the panel made a decision that the evidence before them (just 6 emails) was not sufficient to convince them that sponsors and Man City’s owner in the UAE then went and fulfilled the conspiracy.
However, having seen more leaked emails than the 6 entered as evidence at CAS, it’s clear that these sponsors and Man City’s owner did undertake the conspiracy. The Premier League (PL) will be able to demonstrate this with relative ease and I will be posting a new thread shortly that will address how.
However, I’m not sure they even need to demonstrate this in order to argue that the Independent Commission (IC) should apply the most severe sanction against Man City - expel them from the competition.
I think the finding made by CAS in para. 290, that Man City’s execs intended to subvert FFP, might be sufficient in its own right. Here’s why…
One of the PL rules that Man City is charged with breaching is B.15 in the current handbook. It says:
“𝘐𝘯 𝘢𝘭𝘭 𝘮𝘢𝘵𝘵𝘦𝘳𝘴 𝘢𝘯𝘥 𝘵𝘳𝘢𝘯𝘴𝘢𝘤𝘵𝘪𝘰𝘯𝘴 𝘳𝘦𝘭𝘢𝘵𝘪𝘯𝘨 𝘵𝘰 𝘵𝘩𝘦 𝘓𝘦𝘢𝘨𝘶𝘦 𝘦𝘢𝘤𝘩 𝘊𝘭𝘶𝘣, 𝘖𝘧𝘧𝘪𝘤𝘪𝘢𝘭 𝘢𝘯𝘥
𝘋𝘪𝘳𝘦𝘤𝘵𝘰𝘳 𝘴𝘩𝘢𝘭𝘭 𝘣𝘦𝘩𝘢𝘷𝘦 𝘵𝘰𝘸𝘢𝘳𝘥𝘴 𝘦𝘢𝘤𝘩 𝘰𝘵𝘩𝘦𝘳 𝘊𝘭𝘶𝘣, 𝘖𝘧𝘧𝘪𝘤𝘪𝘢𝘭, 𝘋𝘪𝘳𝘦𝘤𝘵𝘰𝘳 𝘢𝘯𝘥 𝘵𝘩𝘦 𝘓𝘦𝘢𝘨𝘶𝘦
𝘸𝘪𝘵𝘩 𝘵𝘩𝘦 𝘶𝘵𝘮𝘰𝘴𝘵 𝘨𝘰𝘰𝘥 𝘧𝘢𝘪𝘵𝘩. 𝘍𝘰𝘳 𝘵𝘩𝘦 𝘢𝘷𝘰𝘪𝘥𝘢𝘯𝘤𝘦 𝘰𝘧 𝘥𝘰𝘶𝘣𝘵 𝘢𝘯𝘥 𝘣𝘺 𝘸𝘢𝘺 𝘰𝘧 𝘦𝘹𝘢𝘮𝘱𝘭𝘦 𝘰𝘯𝘭𝘺, 𝘪𝘵 𝘴𝘩𝘢𝘭𝘭 𝘣𝘦 𝘢 𝘣𝘳𝘦𝘢𝘤𝘩 𝘰𝘧 𝘵𝘩𝘦 𝘥𝘶𝘵𝘪𝘦𝘴 𝘶𝘯𝘥𝘦𝘳 𝘵𝘩𝘪𝘴 𝘙𝘶𝘭𝘦 𝘵𝘰:
𝘉.15.1. 𝘢𝘤𝘵 𝘥𝘪𝘴𝘩𝘰𝘯𝘦𝘴𝘵𝘭𝘺 𝘵𝘰𝘸𝘢𝘳𝘥𝘴 𝘵𝘩𝘦 𝘓𝘦𝘢𝘨𝘶𝘦 𝘰𝘳 𝘢𝘯𝘰𝘵𝘩𝘦𝘳 𝘊𝘭𝘶𝘣; 𝘰𝘳
𝘉.15.2. 𝘦𝘯𝘨𝘢𝘨𝘦 𝘪𝘯 𝘤𝘰𝘯𝘥𝘶𝘤𝘵 𝘵𝘩𝘢𝘵 𝘪𝘴 𝘪𝘯𝘵𝘦𝘯𝘥𝘦𝘥 𝘵𝘰 𝘤𝘪𝘳𝘤𝘶𝘮𝘷𝘦𝘯𝘵 𝘵𝘩𝘦𝘴𝘦 𝘙𝘶𝘭𝘦𝘴 𝘰𝘳 𝘰𝘣𝘴𝘵𝘳𝘶𝘤𝘵
𝘵𝘩𝘦 𝘉𝘰𝘢𝘳𝘥’𝘴 𝘪𝘯𝘷𝘦𝘴𝘵𝘪𝘨𝘢𝘵𝘪𝘰𝘯 𝘰𝘧 𝘤𝘰𝘮𝘱𝘭𝘪𝘢𝘯𝘤𝘦 𝘸𝘪𝘵𝘩 𝘵𝘩𝘦𝘮.”
CAS’s finding - that Man City’s Officials discussed arrangements to have sponsorship contributions funded by the owner - means they engaged in conduct which sought to circumvent the PL Rules, thereby breaching B.15.2.
The fact that the emails carried on for years meant that the Officials clearly believed that the arrangements to subvert FFP/PSR were being undertaken and yet they prepared Man City’s financial accounts on the basis it was all above board. As such, they acted dishonestly to the PL, breaching B.15.1 too.
Now, many people erronesouly think that the more rules breached, the bigger the sanction. This is not necessarily the case. It’s not about the quantity of breaches but about the impact of the breaches - their consequences.
With even just one breach proven, the PL and Man City would need to argue for and against sanctions. And the PL’s argument would be this…
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Jonathan Seitler KC retweetledi

@slbsn They made an effort with only the issues which arose in Paris the year before, no more no less. Profoundly cynical or a giveaway that they simply don’t care? My only regret is suspending booing the anthem. Won’t happen again.
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Remember UEFA must have known everything that transpired post game in the car park would do so. It was guaranteed and built in. But they simply played on including with no provision for children, older fans or disabled ones. Not as bad as last year but far more knowing, deliberate and 100% foreseeable.
Frothy@frothyman
@levetsmcfc @citymattersreps We noticed people really struggling to push wheel chairs over the car park surface which was basically rubble, and how did they manage to get disabled people on to the over crowded buses, it took us three hours stood up to back to the nearest drop off to our hotel
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@slbsn @guardian_sport @mjshrimper @barneyronay Totally correct. The show was laughed at on the simple basis that it was nothing to do with football and that football doesn’t need added ‘drama’. But neither the anthem nor the pianist were booed. It just didn’t happen.
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@guardian_sport @mjshrimper @barneyronay @barneyronay of course you are entitled to write a polemic on this but why make it up about the booing of the pianist (most fans didn't actually realise he was playing the anthem and as observed by your paper's own podcast didn't in fact boo) or the emotion of those fans there?
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Manchester City’s European ascent is a total victory for politics in football | By @barneyronay theguardian.com/football/blog/…
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@slbsn I did not see any ‘quiet satisfaction’. I saw the end of ‘typical city’ and an outpouring of emotion appropriate to such a definitive. moment. But to report that you have to actually understand stuff.
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@howiehok3434 It’s the end of a 54 year round journey. Which is most of our lives. And nobody - nothing - can ever take that away from us.
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@howiehok3434 There is so much about us that is self-deprecatory - “we never win at home, we never win away … ”, “we are not really here”, even “coming after you” is predicated on being behind. But this doesn’t sit with that. We are back to Malc in 1969 saying we will scare Europe to death.
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Jonathan Seitler KC retweetledi

New edition of a popular book on #Leases providing practical and legal clarity on all questions concerning landlord's consent bit.ly/3Iun3OJ
#LandlordAndTenantLaw @JonathanSeitler @MiriamSeitler @WilberforceCh @Landmark_LC

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@slbsn Also the contracting out of an appeal on a point of law is likely insignificant. The charges do not look like they give rise to many, if any, points of law. They are factual / accounting practices allegations.
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@slbsn I agree. It’s procedural irregularity only. This in practice means that the arbitration process has not been in accordance with natural justice (allowing both sides their say etc) and is most unlikely to occur in an arbitral process of this sophistication.
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As far as I can see, the *only* feasible way City v Premier League ends up in the English courts is if the process is shown to have "serious irregularity affecting the tribunal, the proceedings or the award" under s.68 of the Arbitration Act. Unlikely
legislation.gov.uk/ukpga/1996/23/…


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Thanks for the nice comments on this. Great format which we will be using a lot this season. Over 6k listens in 24 hours. Grab it before it’s superseded by events @leonbutlerwrite @Murd73 @danielcity22 twitter.com/i/spaces/1BRJj…
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@slbsn @leonbutlerwrite @Murd73 @danielcity22 Also Stefan your point about maybe there’s an equity investor wanting more from the P+L fortifies your Grealish point: ‘and we paid that to warm the bench?’
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Jonathan Seitler KC retweetledi

Moses Seitler, @RefugeeEdUK shares the structural, contextual and financial barriers that refugees face when accessing higher education at our opening plenary. 🎓
#UKCISA2022

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Jonathan Seitler KC retweetledi

⚖ Jonathan Seitler QC has successfully obtained permission to appeal the order of Master Dagnall in Bank of New York Mellon v Cine-UK Limited, the first instance decision which says that the COVID-19 pandemic is not a defence to a claim for commercial rent arrears
#PropertyLaw

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