Man City legal action and 115 charges position offers stark indicator amid expert verdicts

Manchester City's twin pronged fight with the Premier League remains ongoing as the club await a date on their 115 charges case, having also taken on the top flight to contest Associated Party Transaction (APT) rules.

City's private arbitration got under way this month after The Times reported details of a leaked legal argument from the Blues as they seek to overturn the APT rules. Experts and professionals have given their view on the situation in recent weeks and are divided as to what it means both for the case itself and for the bigger picture.

That bigger picture is of course the Premier League's 115 charges spanning 14 seasons. There are accusations with not co-operating with the Premier League investigation, not abiding by PSR regulations, and - most damningly - nine seasons of essentially not giving truthful and accurate information about their finances. These are incredibly damaging allegations that, if proven, would warrant incredibly serious punishments.

Barely any details of the case can be made public, although a date for City's hearing has been set. It is expected to be later in 2024, with the intention of everything being cleared up by the end of the 2024/25 campaign.

This week two experts concluded that a settlement before the hearing seems highly unlikely. Indeed City's position of fighting their corner marries with their approach of taking on the Premier League over the APT rule. The Manchester Evening News has rounded up expert and professional comments on the situation.

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On the 115 charges

Speaking on BBC Radio Manchester's 'We're Not Really Here' podcast, football finance expert Kieran Maguire and lawyer Stefan Borson, who was once a financial adviser at the Etihad Stadium, were asked whether there would be a chance that the two parties agree on a settlement before the hearing.

"It would certainly save a lot of money on behalf of both sides," Maguire said. "It could mean that both parties could claim a victory, but I think in terms of public opinion and the reaction there's likely to be from both the media, and I suspect from other clubs, it's not really something that would be palatable to the Premier League nor City."

Borson added: "There are ways in which it could occur within the Premier League rules. But I think they missed their window for a settlement. Now that it's public and now that we're so close to the hearing, it would be very unlikely for them to find common ground politically to get this settled."

Meanwhile, Dan Chapman, head of employment and sports at Leathes Prior suggested that no punishment should be ruled out. The solicitor said: "Considerable uncertainty remains on the current status of the Premier League proceedings against Manchester City.

"It would appear that these charges are far more serious, if they are proven, than the charges which Everton and Nottingham Forest recently admitted. Those clubs were charged with a breach of spending rules that they admitted. This case is entirely different, 115 charges which relate, it would appear, to serious impropriety which Manchester City robustly deny.

"The number and complexity of the charges will present huge challenges to all involved and it is not unlikely that the hearing could be delayed in full or in part. The independent commission that will hear the case will have almost limitless powers, and sanctions could range from fines to points deductions to expulsion from the Premier League.

"Manchester City will of course be aiming to be cleared of all charges, and nothing should be ruled out in this quite extraordinary case."

On the APT legal action

Football finance expert Kieran Maguire on BBC Sounds - City feel rules aren't thought through and want to protect their advantage

"City feel the new rules are being introduced part-way during a season so haven't properly been costed out by the Premier League in terms of time or impact or unintended consequences. They feel that they as a club are being targeted by a lobbying group of other clubs. City are probably the only Premier League club I'm aware of that have consistently said they want the independent football regulator because clearly they don't like the direction of travel coming from the Premier League.

"They want to protect their ability to be the most successful commercial organisation in the Premier League. They've overtaken Manchester United in the last couple of seasons and they feel that by targeting contracts with associated parties - and the Premier League rules appear to go further than UEFA and the accounting regulations themselves - this is giving them a competitive disadvantage and therefore it's a competition issue."

Borson on talkSPORT - The backdrop to the situation is animosity

"City are at war with the Premier League. The allegations made against them in terms of 115 are the most serious imaginable - allegations of dishonesty and false accounting.

"The backdrop of this situation is one of animosity. I wouldn't call it civil war, the reality is we would always expect the teams around the table to be fighting for their own position. Those Premier League meetings have always been a fraught environment.

"You would expect every team around the table to be trying to stop City because they've won six out of seven [titles]. It's perfectly legitimate to try and stymie City's success. The rules haven't really worked at all for City but they've just won their fourth title on the bounce so nobody could suggest the rules have stymied City but they do stymie Newcastle so the rules are working. It's a surprise that City are leading it and not Newcastle."

Sports lawyer Daniel Geey on The Sports Agents - City are challenging a specific regulation unrelated to their 115 charges

"I read through the 115 charges press release and it didn't read like any of those charges related specifically to what is happening in these next two weeks. These new rules were brought in after 2021 and almost every one of the [115] charges is pre-2021 and they relate to various other things: duty of cooperation, manager remuneration, adhering to PSR, to UEFA FFP regulations.

"Some might see it as if Man City win, this is just the first step to overturn the charges. I think they are quite distinct, is the truth.

"This is a very narrow argument about how commercial agreements between a linked party to a club should be valued. In any other context apart from football, nobody would care less about this but we say Manchester City and Premier League and everybody is interested.

"It's over a very narrow construction and even if Manchester City win, my view from reading the rules is that it simply means that regulation is deemed unlawful under the competition rules. I think the PSR rules still stay in place but the Premier League would have to come up with new drafting on what would be deemed an Associated Party Transaction."

Football finance expert Rob Wilson to OLBG - City are trying to avoid a hearing over the 115 charges

"It's the last proper role of the dice as far as Manchester City are concerned. There's obviously been a huge amount of pressure on the Premier League as a consequence of Everton and Nottingham Forest being deducted points and there'll be a big case with Leicester City when they get promoted into the league next season.

"Everything was pointing to the case between Manchester City and the Premier League starting in the autumn so this is a last hurrah to try and prevent all of that from going on by saying our lawyers are better than your lawyers.

"It’s another attempt to pull the resources of the Premier League in multiple different directions. I think that's the reality of why we're having to wait so long for the case with the 115 charges to be heard because City will have been wrapping the Premier League up in all sorts of litigation and legal discussions.

"They are playing a legal game and the only people that are winning in all this are the lawyers. I think it’s a hail mary from Manchester City, a last throw of the dice to prevent going to court."