Wednesday's preliminary hearing will determine whether the Premier League has a case to answer surrounding the way they carried out their Owners & Directors Test last summer
Wednesday 29 September 2021 21:59, UK
Newcastle United's Competition Appeals Tribunal (CAT) preliminary hearing against the Premier League concerning the aborted Saudi-backed takeover is set to be heard on Wednesday morning.
It is the first of Mike Ashley's two-pronged legal attacks on the league's governing body in a bid to finally push through a sale he feels was unfairly halted.
Wednesday's preliminary hearing will determine whether the Premier League has a case to answer surrounding the way they carried out their Owners & Directors Test last summer.
The second part of Mike Ashley's legal battle against the Premier League is the independent arbitration case - this has been adjourned until 2022 following issues with the disclosure of information.
A three-person panel will determine at Wednesday's preliminary hearing if the Premier League has a case to answer regarding what Ashley believes was a failure to act in an appropriate manner and push through the takeover last summer. If the CAT decide that is the case, a date could be set for the hearing itself.
In April, Ashley submitted a claim to CAT for damages under section 47A of the 1998 Act. He has claimed for losses and damages in the shape of a £300m sale of the club to Amanda Staveley's Saudi-backed consortium. In a Newcastle United club statement in March 2021, it was suggested that the Premier League turned down the takeover as part of their Owners & Directors Test.
The Premier League said it required further evidence from the consortium to back their claim that the largest part of the group (The Saudi Public Investment Fund) were separate from the ruling Saudi State. Only then could they give a definitive answer to their own Owners & Directors Test. The Premier League said it offered independent arbitration to determine if the two were separate entities. When they did, they claim, the PIF publicly walked away from the deal in a statement given to Sky Sports News.
This could have potential ramifications to the bigger issue - the independent arbitration, which has been adjourned until next year. With the CAT case alive Ashley will believe his arbitration case has a better chance of success. Ashley will also be able to appeal if he doesn't get the answer he wants at today's preliminary hearing.
Newcastle United supporters can watch today's hearing on CAT's website, but it's illegal to share or duplicate any of the footage itself. The hearing is set to begin at 10.30am.
