EFL v Birmingham City FC

James Segan QC acted for the EFL in disciplinary proceedings against Birmingham City FC in connection with the club’s non-compliance with the terms of a business plan for season 2018/19 which was agreed with the EFL following a breach by the club of the Championship Profitability and Sustainability Rules in season 2017/18. In March 2020, an Independent Disciplinary Commission dismissed the misconduct charge, finding that it was an implied term of the business plan that the club would use only best endeavours to comply with its terms, and that the club had used best endeavours. The EFL subsequently appealed the decision and in June 2020 an Independent League Arbitration Panel upheld the appeal, finding that the business plan did not contain the term implied by the Disciplinary Commission and that the club had not, in any event, used best endeavours to comply with its terms.

The decision of the Independent Disciplinary Commission can be found here and the decision of the Independent League Arbitration Panel can be found here.