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Leeds United’s Role in Everton’s Points Deduction: Nick De Marco KC Explained

Nick De Marco KC represented Leeds United and four other clubs in a failed bid to intervene in Everton’s PSR breach case. Their possible compensation claims were conditional, not awards.
From TheFinanceBase Team3 min to read
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The “Leeds United man” was barrister Nick De Marco KC. He represented Leeds and four other clubs in an attempt to take part in the Premier League’s case over Everton’s 2021/22 financial-rule breach. The clubs were not allowed to join the breach hearing, and De Marco did not secure Everton’s deduction. The Commission said the clubs could potentially seek compensation later, subject to proof; the ruling does not show that Leeds received any.

Who was the Leeds United man?

He was Nick De Marco KC, a barrister representing Leeds United alongside Nottingham Forest, Southampton, Leicester City and Burnley. The Commission’s 9 May 2023 decision lists the five clubs as applicants and De Marco as their counsel. Blackstone Chambers also confirms that De Marco and David Lowe acted for them.

This was a lawyer’s role in a procedural application, not an action by a Leeds player, executive or employee. The application concerned whether those clubs could participate in the Premier League’s case against Everton.

What did the clubs ask to do?

The clubs applied to intervene in the proceedings about whether Everton had breached the Premier League’s Profitability and Sustainability Rules (PSR). Their requests included participating in the breach proceedings, obtaining disclosure about the complaint and seeking procedural directions, including expedition.

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Commission chair David Phillips KC ruled that the Commission’s powers came from the Premier League rules and that it had no inherent jurisdiction to grant the intervention sought. It could not add the clubs as parties to the breach complaint, let them participate in deciding whether a breach occurred, or give them disclosure about that breach. The requested procedural applications were refused.

Why was compensation mentioned?

The ruling distinguished involvement in deciding the breach from a possible later compensation claim. Phillips said: “I am satisfied that the applicant clubs have potential claims for compensation.” That did not mean Leeds had proved it suffered loss or had been awarded money. The possibility depended on the complaint being upheld and on the clubs establishing causation, loss and other relevant facts.

Phillips explained the purpose of the rules-based route: “The purpose of W.27 is to avoid unnecessary multiplicity of proceedings. It creates a procedure to enable a club who claims to have been caused loss by the breach of the rules to claim compensation in the same proceedings.” In other words, the clubs could potentially pursue compensation through the procedure without being admitted to the breach determination itself.

The Commission directed that, if the complaint were upheld, the League should provide its decision to the applicant clubs. Each would then have 28 days to say whether it wished to pursue compensation. The 9 May ruling establishes a possible route, not a Leeds compensation award.

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How did Everton’s points deductions unfold?

Everton’s first deduction followed a finding about its PSR position for the period ending in 2021/22. A separate case concerned a breach for 2022/23; it was not the same breach or sanction.

PSR case Finding and sanction Appeal outcome
Period ending 2021/22 The Premier League reported a calculated PSR loss of £124.5 million against a £105 million threshold. On 17 November 2023, an independent Commission found a breach and imposed an immediate 10-point deduction. On 26 February 2024, an independent Appeal Board reduced the deduction to six points. Two of Everton’s nine grounds were upheld; they concerned the sanction, not the admitted breach.
2022/23 A separate admitted PSR breach resulted in a two-point deduction. Everton confirmed the sanction by withdrawing its appeal in May 2024.
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Did Nick De Marco cause Everton’s deduction, or did Leeds win compensation?

No. De Marco represented the five clubs in their attempt to intervene; the Commission refused that application. Everton’s 2021/22 breach case and its sanction were determined separately, and the appeal changed the sanction from 10 points to six. The cited ruling does not say that Leeds received compensation, and a potential claim should not be described as a payout.

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