After Blackburn Rovers’ 1-1 draw against Ipswich Town tonight, a match replayed in full after being abandoned in the 79th minute with Blackburn in the lead in September, Andrew Broadbent, a dispute resolution expert and sports specialist at Knights, has laid out the options available to clubs who are unhappy with EFL Board decisions.
Sindre Walle Egeli scored a 94th minute equaliser as promotion-chasing Ipswich Town snatched a point in the replayed Championship fixture, which was originally abandoned with 11 minutes to play due to heavy rain on September 25. Blackburn Rovers were 1-0 up at the time with Ipswich reduced to ten men.
Andrew says that in circumstances where matches are abandoned and decisions, such as the one here, are made to replay the match in full, EFL clubs have the option to launch an appeal with the League Arbitration Panel whose job it is to decide if the original decision included ‘an error of law, was irrational or procedurally unfair’.
Andrew Broadbent, Dispute Resolution Partner at regional legal and professional services business, Knights, said:
“Blackburn’s official statement following the decision expressed extreme disappointment with the outcome and its failure to consider the side’s advantageous position at the point of abandonment, which is understandable.
“It was within the EFL Board’s gift to award the points to Blackburn based on the score at time of the abandonment, or to order that the match be replayed from the minute of abandonment, potentially even with the one-man advantage being replicated.
“In this particular instance, the EFL said that they considered all options available in accordance with the regulations, alongside representations made by both clubs. I think it is fair to assume that had an abandonment been caused by the fault of one of the teams, the outcome may have been different.
“Disputes arising from a decision of the EFL Board constitute Board Disputes under the EFL Regulations and this is then reviewed by the League Arbitration Panel.
“Usually comprising of three members, the Panel has wide ranging powers including, but not limited to, determining a question of law or fact, making a declaration, ordering the payment of a sum of money and/or ordering a party to do or refrain from doing something.
“Decisions are published on the EFL website and are therefore available to the public – it is fair to say that the analysis of such decisions has now become part of the game.
“The League Arbitration Panel are tasked with reviewing the validity of the EFL’s decision on grounds of ultra vires (including error of law), irrationality or procedural unfairness, and where the decision directly and foreseeably prejudices the interests of those involved.
“Any award shall be final and binding and there shall be no right of appeal or further arbitration, albeit the parties are permitted to challenge jurisdiction or in the event of a serious irregularity.”