Current Player #30 Owen Dale

Yellow River said:
I’m not happy with the existence of an ‘agreement’ that is breaking league rules.

We’re now caught between a rock and a hard place.
Break an ‘agreement’ or break league rules.
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Break the agreement - simple choice because it is not legal (or at least not within the spirit of it).

It has the added benefit of pissing Blackpool off and we owe them absolutely nothing!
 
Yellow River said:
I’m not happy with the existence of an ‘agreement’ that is breaking league rules.
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Could someone point us all in the direction of the regulation we’re allegedly breaking? I know that one exists to outlaw clauses in written transfer agreements, but does such a thing exist for verbal agreements?
 
LeftSideLarry said:
Could someone point us all in the direction of the regulation we’re allegedly breaking? I know that one exists to outlaw clauses in written transfer agreements, but does such a thing exist for verbal agreements?
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But surely having a verbal agreement achieves the same thing, no? It prevents us from utilising our asset and gives the selling club an advantage that the regulations would not allow them to have if it were a written contract. It is not within the spirit of said regulations, even if it is not technically breaking them. Pretty shameful really!
 
So have we also foolishly agreed that Will Goodwin will not play against Cheltenham on March 9th?
 
Sheik djibouti said:
But surely having a verbal agreement achieves the same thing, no? It prevents us from utilising our asset and gives the selling club an advantage that the regulations would not allow them to have if it were a written contract. It is not within the spirit of said regulations, even if it is not technically breaking them. Pretty shameful really!
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It does.

I guess we’ll have to wait and see if it’s enforceable. If it is, we’ll have something to get properly angry about.

I admire your respect for the regulations, which, through your use of ‘shameful’, is clearly something that seems very important to you.
 
LeftSideLarry said:
Could someone point us all in the direction of the regulation we’re allegedly breaking? I know that one exists to outlaw clauses in written transfer agreements, but does such a thing exist for verbal agreements?
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Guidance

Clubs cannot have any form of agreement pursuant to which the Player is unable to play against the Club he has transferred from. Such clauses are only permissible in loan agreements in accordance with Regulation 55.8.

Any dispute between two EFL Clubs will be referred to arbitration in accordance with Section 9 of these Regulations. Any disputes between Clubs in different Leagues in the English pyramid should be referred to arbitration under FA Rule K. Any dispute between Clubs in different National Associations (with the exception of the Welsh Clubs playing in the English pyramid) should be referred to FIFA.

Note the use of the phrase "any form of agreement" within the guidance notes. Written or verbal, it's not accepted.

As to the repercussions of such an agreement existing, if indeed it does, that would be down to the EFL.
 
Interesting that it’s under ‘Guidance’. By definition, it’s not an instruction.

Also, ‘any dispute between two clubs’ indicates to me that FA rule K is only invoked when there’s a dispute. Is there in this case?

I guess we’ll have to wait and see.
 
LeftSideLarry said:
Interesting that it’s under ‘Guidance’. By definition, it’s not an instruction.

Also, ‘any dispute between two clubs’ indicates to me that FA rule K is only invoked when there’s a dispute. Is there in this case?

I guess we’ll have to wait and see.
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The "Guidance" is there to aid interpretation. It clarifies the rules to avoid any errors.
 
LeftSideLarry said:
Also, ‘any dispute between two clubs’ indicates to me that FA rule K is only invoked when there’s a dispute. Is there in this case?
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That would only be applicable if the two clubs were playing in different leagues. As they are both in League 1, the EFL would have the jurisdiction.
 
Manorlounger said:
The "Guidance" is there to aid interpretation. It clarifies the rules to avoid any errors.
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Ah, OK, thanks.

Could you explain this?

Such clauses are only permissible in loan agreements in accordance with Regulation 55.8.

I think the use of the word ‘clauses’ throws some doubt on your inference. It suggests to me that it is part of a written contract. I’ve never heard of a verbal clause in the context of contract law.
 
LeftSideLarry said:
It does.

I guess we’ll have to wait and see if it’s enforceable. If it is, we’ll have something to get properly angry about.

I admire your respect for the regulations, which, through your use of ‘shameful’, is clearly something that seems very important to you.
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What's the point in having them if you're just going to find ways around them or think they don't apply to you 🤷‍♂️
 
LeftSideLarry said:
Ah, OK, thanks.

Could you explain this?

Such clauses are only permissible in loan agreements in accordance with Regulation 55.8.

I think the use of the word ‘clauses’ throws some doubt on your inference. It suggest to me that it is part of a written contract. I’ve never heard of a verbal clause in the context of contract law.
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A verbal gentlemans agreement surely falls under "any form of agreement". It does not state written contract or clause.
 
CCYellow said:
Will the reaction still be over the top if the EFL hand us a points deduction and fine?
Will you argue then that we were right to honour this B*****s agreement and also say we should accept punishment for breaking rules?
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Considering they let Reading off with a suspended points deduction for a pitch invasion by fans that forced a game to be abandoned then I'd suggest at worst it would be a fine*. Of course this is the Football League......

*I will add a fine would be bad anyway.
 
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WuTang said:
A verbal gentlemans agreement surely falls under "any form of agreement". It does not state written contract or clause.
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It is implied by the word ‘such’. It doesn’t say ‘such agreements’. It says ‘such clauses’.

I guess we’ll see. I hope not.
 
LeftSideLarry said:
Ah, OK, thanks.

Could you explain this?

Such clauses are only permissible in loan agreements in accordance with Regulation 55.8.

I think the use of the word ‘clauses’ throws some doubt on your inference. It suggests to me that it is part of a written contract. I’ve never heard of a verbal clause in the context of contract law.
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Going back a few posts, @RyanioBirdio explained it very well.
RyanioBirdio said:
In UK law a verbal agreement is legally binding if both sides acknowledge its existence, or if it can be proven to have been agreed. eg a conversation is recorded or followed up with an email outlining the terms of the verbal agreement that has been made, without denial or pushback from the receiving party.

Given the local media is broadcasting that this agreement is in place, presumably having been told this by the club, then there is already evidence and acknowledgement of its existence in the public sphere, let alone anything further that may exist privately. Therefore it’s as binding as anything written down and accompanied by a signature.

It’s not a great look to have agreed to such a request, IMO, but it absolutely isn't the case that it can be freely and easily ignored without consequence. Whether Blackpool would pursue it rather than simply getting the right a**e is the real question.
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LeftSideLarry said:
It is implied by the word ‘such’. It doesn’t say ‘such agreements’. It says ‘such clauses’.

I guess we’ll see. I hope not.
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But the "such clauses" is referring to "any form of agreement" in the previous sentence, which therefore doesn't change.
 
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