Will Man City Be Relegated? Guilty on Every Financial Charge, and Still No Punishment. Here's Why.

The Premier League's rules split guilt and sentence into two hearings. Only one has happened, and the gap between them is now City's most valuable asset.

6 min read

I. What happened

On September 29, an independent Commission found Manchester City guilty of every charge of serious breaches of the Premier League's financial rules across nine seasons, 2009-10 through 2017-18, and of most of the charges that it failed to co-operate with the League's investigation. Reporting puts the total at 114 of the 115 charges.

The League's statement says what the Commission found. City arranged "sham" contracts with commercial partners, in which sponsors paid only part of the fees and the club's owner, Abu Dhabi United Group, funded the rest. Further sham arrangements let the club record lower costs than it actually paid. The purpose, the Commission found, was to inflate City's revenues and cut its reported costs by more than £900 million so the club would appear to comply with the financial rules. Reported accurately, the Commission found, City would have been in breach of both Premier League and UEFA spending limits by a very substantial amount.

City denies wrongdoing. It lodged an appeal on the evening of October 1, a day before the deadline, calling the verdict unsafe. And here is the part that surprises most people: City has not been punished. No points are gone. No fine has been set. The investigation began in December 2018.

II. What law or rule controls

Section W of the Premier League's rules governs, and it splits a case like this into two separate proceedings. The first decides whether the rules were broken. The second decides the sanction. The League's statement says sanction will be addressed in a further private hearing before the same independent Commission, and that the Commission has broad discretion: the rules list fines, points deductions and other sporting sanctions, and the list is not exhaustive. Reporting adds that the fine has no ceiling and that expelling a club would take a vote of the other clubs, with at least 15 of the 20 in favor.

An appeal runs on its own track. It goes to an Appeal Board of three members, one of whom must have held judicial office, and the Board can allow the appeal, dismiss it, or vary the Commission's order. Under this season's rules, as reported, the appeal must be heard within 12 weeks of being lodged, over no more than five days, with a decision within 30 days, which points to a ruling around late January 2027.

III. Where does the law stand now

The most important fact about this case right now is not the verdict. It is that the verdict and the punishment are two different hearings, and only one of them has happened.

That structure is ordinary. Criminal courts work the same way: conviction first, sentence later. What is unusual is how much the gap is worth here. Every month between liability and sanction is a month City keeps playing, signing players and competing for trophies under the status quo, while the Commission has found that status quo was built on more than £900 million in disguised money. For City, delay is not a side effect of the appeal. It is the most valuable thing the appeal can deliver even if it loses.

The rules do not force that delay. Reporting from Sky Sports says the sanctions hearing could run while the appeal does, with the League proposing a sanction and City arguing against it in front of the same three-person panel that heard 42 days of evidence. The League's chief executive said it is committed to moving swiftly. Precedent points the other way: sanctions usually follow the appeal, and both sides can then appeal the sanction too. Strung end to end, that can run past the end of the season.

This is also why the most-searched question, whether City will be relegated, has no clean answer. The rulebook contains no sanction called relegation. City could go down only two ways: a points deduction large enough to drop it into the bottom three, or expulsion through a vote of the clubs. Anyone citing an exact number of points is guessing. The Commission has not said, and its sanctions hearing has no public date.

The counterargument deserves its weight. City is entitled to appeal, the case is the most complex in the League's history, and punishing a club before its appeal is heard risks having to unwind a sanction that turns out to be wrong. ESPN's sources say City will argue the money came from the Abu Dhabi government rather than its owners, an argument the Appeal Board will have to take seriously. Due process is not a loophole.

But the Commission's findings are not a draft. The League published them because the Commission ruled, and an Appeal Board confirmed, that they are a final award. A process that takes seven years to establish guilt and then waits another season to decide what it costs is not neutral between the parties. It favors the side that benefits from the clock, and here that is the club found to have broken the rules.

IV. Who has leverage

City, on time. The appeal cannot hear new evidence or witnesses, as reported, so its strongest asset is the calendar rather than the record. The League holds the findings and the sanction menu, including an unlimited fine and points deductions, and it controls how hard it pushes to hold the sanctions hearing now. The other 19 clubs hold the one power the Commission lacks: any expulsion would need their vote.

V. The lawyer's read

Guilt and punishment are two hearings, and only one has happened. The rules don't make the sanction wait for the appeal. Every month it does is a month City keeps playing on the old math.

VI. What happens legally next

The appeal must be heard by about Christmas, with a ruling due around late January 2027. The sanctions hearing has no public date, and the League has not said whether it will go first. If City loses the appeal, reporting says it is expected to challenge the process in the High Court. The FA could also open its own investigation. Watch the sanctions hearing date: it, not the appeal, decides whether any punishment lands this season or next.

Claims

11 claims: 5 verified, 6 reported only.

Table of authorities

11 claims: 5 verified, 6 reported only.

Commentary and analysis, not legal advice. No attorney-client relationship is formed through this content. Descriptions of pending matters reflect publicly reported information as of the publication date.

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