Middlesbrough Football & Athletic Club Ltd v Derby County Football Club Limited & the EFL

A League Arbitration Panel (Charles Hollander QC, Rt Hon Lord Dyson, David Phillips QC) considered the ability of a non-party to appeal a Disciplinary Commission decision under the English Football League (“EFL”) Regulations.

In January 2020, the EFL commenced disciplinary proceedings against Derby County Football Club (“DCFC”) and brought two charges concerning DCFC’s compliance with the applicable financial fair play rules. The Disciplinary Commission delivered a decision in August 2020: they dismissed Charge 1 and found against DCFC on only one of five elements of Charge 2.

The EFL served a notice of appeal against the dismissal of Charge 2. Middlesbrough Football Club (“MFC”) sought to bring its own appeal against Charge 1 and to intervene in the EFL appeal. 

The League Arbitration Appeal Panel concluded there was no jurisdiction for MFC to bring its own appeal, and it did not meet the relevant test of standing to intervene in the EFL appeal.

Nick De Marco QC and Tom Richards appeared for DCFC.

Daniel Cashman appeared as junior counsel for MFC.