I suspect it will be two things: 1. The degree of legal separation between PIF and the state. 2. Conduct of the PL and whether they have applied their test correctly. Akin to a judicial review.
Number 1 should be easy to distinguish. It’s a matter of fact. Number 2 should therefore follow 1. I.e they have not applied the test correctly. Then there’s the wider issue of the other interested parties and their influence over the PL. whether that be other teams, Bein, Kenzig or whatever. Another question I have is. Who is taking this to arbitration. Nufc as an entity or MA as the owner who has lost out. Or are PIF involved in it also. They have lost 17m. When it’s all over I can only see compensation. I can’t see the green light from the PL for PIF to take over.
Number 1 is down to interpretation. Can and do the state influence transactions made by PIF. Will they be the ultimate owners of NUFC? If no then legal separation exists. PL - If separation exists then applying the test, the named directors only are put through the ODT. The PL can then not insist that shadow directors are assessed to give them grounds to reject. The influence of others comes down to point 2. Has the PL applied their test reasonably and fairly in line with their own rules. That is where things can become complex. I am assuming that there is evidence of pressure by other clubs. We know there is evidence of pressure from BEin and Hatice Cengiz. Has that influenced any decision making or actions? If yes then that is unreasonable conduct. The test is objective and based on the conduct of the proposed directors and owners only. If condition 1 is satisfied, legal separation, then the test cannot fail if assessed fairly.
Wednesday sees the tide shifting... Soon the arseholes will sniff it out and start causing trouble again, but this time its all about what's legal, so they can cry all they want there's nothing they can do.
This action is NOT being conducted simply for compensation. Those close to the deal insist Ashley wants this deal pushed through by the Premier League, with the view that Newcastle United's new owners-in-waiting did not get a fair hearing, especially compared to other deals waved through by the top flight board.
Its a declaration that PIF are separate. It has to be. If they get that the PL cannot fail the deal no matter what others say.
It's basically the end game they either win or lose legally and then there's no ifs, buts or any skull duggery the media can try and do about it They can cry and complain and ill over their tears after this one
Personally I'm just happy it's still in the balance, but I do have a concern as to whether they'll win the case. Who's representing the premier league more importantly whoever is pulling their strings.
Definitely I'm just hoping they win.. This is nufc we know how things end.. I remember people saying that in march when it was reported as done
