Cork City denied a licence; club to be wound up; FORAS to enter First Division

[Longfordian]

The reason that they wait until the end of January for the financials is that the financial and tax year runs until 31st December and clubs have to get their accounts done and audited. Ordinarily I'd say that if clubs had the money paid by the time the committee met they'd be alright but in my opinion there's such bad blood between Coughlan and the FAI that they'll make no allowances for him whatsoever and any chance they get to deny him a Licence they'll take it. The only difficulty would be if other clubs are in the same boat and haven't met the deadline but it appears to be the case that everyone except Cork will at least have agreements in place.

[pól-dcfc]

So... After five now. Any news?

[LeixlipRed]

3 words: Job Seekers Allowance

[LeixlipRed]

This could possibly have been mentioned here before but if there is a fudge with regards to Cork and licensing does anyone feel that there's an appetite among LOI fans in general for some sort of Delaney Out campaign? An organised, non-whining on the internet type one that is.

[harps1954]

This could possibly have been mentioned here before but if there is a fudge with regards to Cork and licensing does anyone feel that there's an appetite among LOI fans in general for some sort of Delaney Out campaign? An organised, non-whining on the internet type one that is.

It's not up to Delaney - it's up to the Independent Licensing Committee.

[LeixlipRed]

Independent, yes, of course independent. Then the FAI just choose which league to place the team in.

[micls]

Cork City FC Chairman Tom Coughlan today obtained an Order from the High Court for leave to judicially review the Disciplinary Committee’s hearing of 17 December 2009.

The order relates to the Committee’s refusal of Mr. Coughlan’s request for an adjournment, the Committee’s decision to hold the hearing in Mr. Coughlan’s absence and the Committee’s finding that Mr. Coughlan had brought the game of football into disrepute and the sanction imposed on him.

As a result of this, certain issues may not be capable of being finalised while the proceedings are pending.

Notwithstanding the pending judicial review proceedings, Mr. Coughlan remains committed to obtaining a renewal of the Club's license and will be doing everything possible to ensure such renewal while awaiting the outcome of the judicial review.

Speaking to CorkCityFC.ie, Mr Coughlan said: “I was very disappointed with the decision of the Disciplinary Committee and the manner in which we have been treated. It is unfortunate that we have had to pursue this course of action, however given the prejudicial nature of the CEO’s comments and the subsequent actions of the Disciplinary Committee, we were left with no option. We hope that this issue can be brought to speedy and successful conclusion so that we can concentrate on playing football next season.”

Im sure he'l try to claim this somehow stopped him from paying people.

[LeixlipRed]

And of course the licensing rules exclude cases were legal proceedings are currently underway when taking unpaid wages into account. Super

[Longfordian]

They only exclude cases where it's a "not obviously unsound" dispute about the actual wages not some other case ongoing whilst wages are owed but no doubt he'll try it.

[Mr A]

Plonker. He seems determined to **** Delaney off as much as possible.

Dead man walking.

[Mr A]

Incidentally, doesn't legal action against the FAI raise the possibility of FIFA action against the FAI and a possible ban on the National Team.

I also suspect there are bits in the participation agreement about this.

[micls]

FAI response

The Football Association of Ireland this evening (December 21) confirmed its surprise at the Cork City FC statement that Mr Tom Coughlan was granted leave to apply for judicial review, given that Mr Coughlan has to date failed to exhaust all internal appeal procedures open to him.

The FAI is not on notice of any court application and if any order was made, it would been given on an ex parte basis, meaning that it would have been granted on Mr Coughlan’s word only.

[Mr_Parker]

FAI response

Surely the court will tell him to go away and exhaust the procedures open to him first?

[Doomofman]

Surely the court will tell him to go away

Hopefully

[incident]

Incidentally, doesn't legal action against the FAI raise the possibility of FIFA action against the FAI and a possible ban on the National Team.

I also suspect there are bits in the participation agreement about this.

Technically, Yes.

FIFA Statutes

1. The Confederations, Members and Leagues shall agree to recognise CAS as an independent judicial authority and to ensure that their members, affiliated Players and Officials comply with the decisions passed by CAS. The same obligation shall apply to licensed match and players’ agents.

2. Recourse to ordinary courts of law is prohibited unless specifically provided for in the FIFA regulations.

3. The Associations shall insert a clause in their statutes or regulations, stipulating that it is prohibited to take disputes in the Association or disputes affecting Leagues, members of Leagues, clubs, members of clubs, Players, Officials and other Association Officials to ordinary courts of law, unless the FIFA regulations or binding legal provisions specifically provide for or stipulate recourse to ordinary courts of law. Instead of recourse to ordinary courts of law, provision shall be made for arbitration. Such disputes shall be taken to an independent and duly constituted arbitration tribunal recognised under the rules of the Association or Confederation or to CAS.

The Associations shall also ensure that this stipulation is implemented in the Association, if necessary by imposing a binding obligation on its members. The Associations shall impose sanctions on any party that fails to respect this obligation and ensure that any appeal against such sanctions shall likewise be strictly submitted to arbitration, and not to ordinary courts of law.