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And that abuse of process concerns the guideline and framework that was put together in August and submitted to the independent commission.Īndy Burnham speaks to journalists at Goodison Park on Sunday. There has been a highly flawed process and I would go as far to say there has been an abuse of process. “The question in this situation is, has there been a fair process? Having taken my time to study the judgment and speak to a lot of people this week I have concluded that there has not been a fair process. But in some ways that is not the question.

He said: “The first thing I want to say is that I am not saying Everton Football Club does not have a case to answer. “From my experience of regulation, introducing new rules in the late stages of a process would be regarded as regulatory malpractice.”īurnham explained the reasoning behind his letter at Goodison Park, where he was attending Everton’s home game against Manchester United on Sunday.

“The fact that the Premier League sought to introduce a new sanctions policy in the middle of this process amounts, in my view, to an abuse of process,” wrote Burnham, who has also requested any evidence that the Premier League discussed Everton’s case in relation to the proposed introduction of an independent regulator. The independent commission rejected the Premier League’s interference but then, having found Everton guilty of a £19.5m overspend in 2021-22, imposed a 10-point deduction that was exactly in line with Premier League wishes. In August, the Premier League and its chief executive, Richard Masters, asked the independent commission hearing the case for a six-point penalty as a starting point, plus one extra point for every £5m lost.

Everton were charged with one breach of Premier League profit and sustainability rules (PSR) in February.

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