Top Ex High Court Judge Condemns Southampton's Draconian Punishment
Tuesday, 26th May 2026 21:00
Sit Nicholas Mostyn knows a bit about the Law, a barrister for 30 years he was appointed a High Court judge in 2010 and served in that capacity until his retirement in 2023, read on to find out what he has to say about our recent penalty.
Sir Nicholas Mostyn in describing the punishment handed out to Southampton has accused the English Football League of delivering a “grotesquely draconian” punishment and compared the club to a sacrificial victim “shot to encourage the others.”
In his overview of the situation Mostyn went on to allege that the reasons for the verdict reached were "Grossly Defective" and that "They reinforce my view that Southampton have suffered a substantial injustice by reason of a serious irregularity. I am at a loss to understand why the appeal was not allowed."
He also suggests that as the losing party, Southampton are entitled to know precisely what was the evidence that led to the damning findings, but this does not seem to have happened.
Mostyn also argues that although EFL rules block standard appeals, Southampton could still have challenged the ruling in the High Court under section 68 of the Arbitration Act 1996, which allows courts to intervene in arbitration cases involving “serious irregularity” and “substantial injustice.”
Tellingly Mostyn further suggested Southampton could even have sought an emergency court order delaying the Championship play-off final while a legal challenge was heard.
You can read Mostyn's observations on Inside World Football
All Photos Via Reuters
William_Watermelon added 12:34 - May 29
Sounds like someone has just woken him from his afternoon nap. - ‘Grotesquely draconian’, Rhetorical nonsense, the punishment is actually just ‘standard’. Forfeiting the game for cheating in a knockout competition is perhaps the longest, most established punishment in football, with 140 years of precedent behind it. There’s even precedent this season. Law is all about precedent. As an ancillary point, focussing on the scale of the punishment, while ignoring the scale of the offence, is very poor legal practice. - ‘Shot to encourage others’ - right, because handing out a trivial fine, allowing the cheating party to carry on in its pursuit of a £150-200 million reward, while the innocent parties suffer the consequences of: 1. being unable to pursue the £150-200 million, and/or 2. Suffer direct financial losses as a result of that cheating, is somehow a more just outcome? Why should 23 clubs who didn’t cheat, suffer financial losses because 1 did cheat? This is completely untenable, and the antithesis of justice.
What would of course be guaranteed to ‘encourage others’ to make this an on-going issue, would be to hand down a trivial fine, with no sporting sanctions, since other clubs would simply chalk it up as the cost of doing business. What on earth is this guy taking about? - "They reinforce my view that Southampton have suffered a substantial injustice by reason of a serious irregularity. I am at a loss to understand why the appeal was not allowed." As above, the penalty has 140 years of precedent. As he should know. - ‘He also suggests that as the losing party, Southampton are entitled to know precisely what was the evidence that led to the damning findings, but this does not seem to have happened.’ Hmm….what does he think happened at the all-day hearing on 19th May, when the EFL submitted its case to the panel, and Southampton submitted their defense? Mind boggling. - ‘Mostyn also argues that although EFL rules block standard appeals, Southampton could still have challenged the ruling in the High Court under section 68 of the Arbitration Act 1996, which allows courts to intervene in arbitration cases involving “serious irregularity” and “substantial injustice.” - Besides the fact that, (obviously), neither of these apply, by joining the EFL league, clubs agree to waive their right to take football-related disputes to the High Court or other civil litigation. The EFL can’t run a competition without rules, and if you sign up to those rules, and then show a flagrant, deliberate, and systematic, disregard for them so that you can seek financial gain over others who are playing by the rules, and who will be financially damaged by your disregard for them, you really don’t have a leg to stand on when you are caught out. - 'Whatever was learned had absolutely no effect on the ensuing 0-0 draw played on 9 May 2026 where Southampton were on the ropes for most of the game.' 1. Irrelevant to the EFL rules 2. Conjecture - He references various cases, but nowhere does he refer to the EFL's rules, or the EFL's procedural aims for dealing with transgressions. They're kind of important. I wouldn’t let this guy represent my interests in a game of tiddlywinks. Perhaps he should stick to rugger and hunting. |  |
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