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Insolvency in Football

Administration (British football) - Wikipedia

The problem with this is that this is done over the priorities of other unsecured creditors such as HM Revenue and Customs which will be owed sums through the non-payment of tax. HM Revenue and Customs intend to take the Premier League to court claiming that it is illegal for them to put in place the football super creditors rule.

HM Revenue and Customs claim that this rule is illegal as there is nothing in the Insolvency Act which states that it is legal to impose conditions in this manner. The case has not as yet come before court with HM Revenue and Customs simply stating their intention to take the Premier League to court.

Is the Football super creditors rule legal under the Insolvency Act?

The Premier League has countered stating that they plan to robustly defend their position as they claim that they have not contravened the Act. In the case from the Inland Revenue failed in a legal bid to overturn a voluntary arrangement made by a football club on the grounds that it infringed the Insolvency Act as football creditors received payment in full whereas the Inland Revenue, in the position of a preferred creditor did not.

In this case the High Court ruled that the power of the League to secure full payment for the creditors of its choice was legal. Following this decision it may therefore be difficult for HM Revenue and Customs to prove that the football super creditors rule is illegal under the Insolvency Act Is the Football super creditors rule legal under the Insolvency Act? Charlton 3 Grimsby 3". Archived from the original on 14 April Retrieved 21 October Archived from the original on 26 July Reborn Newport happy to be thrown in at the deep end ahead of Football League return".

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Retrieved 8 March These changes could have significant implications for clubs, funders, investors and potential rescuers.

The approach of The Football League to insolvency has drawn a lot of attention in the press over recent years. The Football League sets various criteria for the club to be readmitted to the League.

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Football creditors include the League itself and associated leagues, other clubs and full-time employees including players. The rule has attracted a lot of controversy. The biggest loser from this rule is often HMRC. Since they have had no preferential status on company insolvency and are treated as an ordinary unsecured creditor.


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The Football Creditor Rule means that they, alongside other unsecured creditors, can remain unpaid while football creditors are paid in full. As a result HMRC have launched a series of unsuccessful legal challenges to the legality of the Football Creditor Rule culminating in a legal decision 5 which finally decided the matter in favour of the Football League. The seriousness with which the League views insolvency is underlined by increasing the points deduction which a club suffering an insolvency event incurs — up to 12 points from This threatens a real sanction as the points deduction can lead to relegation and a significant cut in revenues.

Football League clubs and insolvency events

The Football Creditors Rule would be preserved. However, an additional requirement is imposed that other creditors must receive at least 25 pence in the pound or 35 pence in the pound if paid over three years.

Background – the Football Creditor Rule

A failure to meet this obligation could result in a further point deduction for the club. Clubs were previously required to undergo a company voluntary arrangement CVA through which football creditors were paid in full and arrangements for other creditors settled.