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Part 2 · Section 4 of 10
A case from start to finish
From inquiry to a Commission's decision
By the end of this section you can walk a case from the League’s first request for documents to a Commission’s decision, and say who has to prove what, how surely, on what kind of evidence, and what can happen next. Rule numbers are from the 2022/23 Handbook; Section 2 maps them to 2026/27.
In one screen
What happens between the League's first question and a Commission's decision?
The League's Board can demand documents and answers, then send a suspected breach to a Commission of three. The Board must prove its case on the balance of probabilities.
A Commission that finds a breach can fine without limit, deduct points, suspend a club or order compensation. Expulsion it can only recommend.
What is Section W, and when does it apply?
Section WThe disciplinary part of the Premier League's Rules: inquiries, Commissions, sanctions and appeals. is the Disciplinary section of the Rules. The letter is only the Handbook’s label for that Section, and the number is the rule’s place inside it: W.45Burden and standard of proof2022/23: W.45, p.139 ↗2026/27: W.58, p.157 ↗“The Board shall have the burden of proving the complaint. The standard of proof shall be on a balance of probabilities.” (2022/23)The Board must prove its case, more likely than not.All rules, both editions →is Rule 45 of Section W. The Handbook says so itself, in its definition of “Rules” (A.1.203). How to read a rule number.
It does not cover every dispute. Four Sections of the Rules set up four different tribunals, each for its own kind of matter:
| Section | What it handles | Who starts it |
|---|---|---|
| W (Disciplinary) | A suspected breach of the Rules: the Board's inquiry, a Commission, an Appeal Board (W.1 to W.84, 2022/23) | The Board. A Commission case begins with a complaint “drafted by or on behalf of the Board”, and the only parties are the Board and the respondent (W.22 to W.23) |
| X (Arbitration) | Every other dispute between the League and a club, or between clubs, and a review of a W decision on five grounds (X.2 to X.4) | A party serving a request in Form 26 (X.7) |
| Y (Managers' Arbitration Tribunal) | A dispute between the parties to a manager's contract of employment (Y.1) | A party serving a Form 26 on the other (Y.3) |
| Z (Premier League Appeals Committee) | A short list of appeals, such as an academy player's under the Youth Development Rules (Z.1) | The club or player named in the Rule |
So the answer to “is it only when the Board pushes something?” is yes, for Section WThe disciplinary part of the Premier League's Rules: inquiries, Commissions, sanctions and appeals.. A club cannot start a Commission case against a rival. The Board decides whether to refer a suspected breach to a Commission or deal with it another way (W.3The Board's choice of route2022/23: W.3, p.137 ↗2026/27: W.6, p.153 ↗“The Board shall have power to deal with any suspected or alleged breach of these Rules by” (2022/23)Reprimand, fixed penalty, summary fine, agreed sanction, or referral to a Commission.All rules, both editions →), and it prosecutes. A rival club harmed by a breach is not a party; Section 10 shows the one door the Rules leave open to it.
How does a case begin?
With questions. The League’s Board can require any club or individual to answer them and hand over documents (W.1The Board's power of inquiry2022/23: W.1, p.137 ↗2026/27: W.1, p.153 ↗“The Board shall have power to inquire into any suspected or alleged breach of these Rules” (2022/23)The Board can require players, managers and officials to answer and clubs to hand over documents.All rules, both editions →). Confidentiality is “no answer” (W.15Confidentiality is no answer2022/23: W.15, p.138 ↗2026/27: W.19, p.154 ↗“It shall be no answer to a request from the Board to disclose documents or information” (2022/23)A club cannot refuse the Board documents because they are confidential.All rules, both editions →), and help must be “full, complete and prompt” (W.16). Failing to appear or to produce documents when required is itself a breach (W.2).
The Board then picks a route: a reprimand, a fixed penalty, a fine of up to £100,000 under its own summary powers (W.8), a sanction agreed with the club and ratified by three panel members, or a referral to a Commission (W.3, W.12 to W.13). The choice is the Board’s. A club fined summarily can elect to be heard by a Commission instead (W.10.2).
Who sits on a Commission? A real example
The Rules fix the shape. A Commission is three members of the Disciplinary Panel, appointed by the Chair of the Judicial PanelThe pool from which Premier League Commissions and Appeal Boards are drawn, created by the clubs in 2020. The clubs appoint its Chair., one of them legally qualified and chairing (W.19Who sits on a Commission2022/23: W.19, p.138 ↗2026/27: W.23, p.154 ↗“three members of the Disciplinary Panel of whom one, who shall be legally qualified, shall sit as chairman” (2022/23)Three Disciplinary Panel members chosen by the Chair of the Judicial Panel, a lawyer in the chair.All rules, both editions →). If the case is about the profitability and sustainability rules (E.45 to E.49), at least one member must be a qualified accountant or auditor, and that member cannot be the chair (W.18.4, W.20An accountant on profitability cases2022/23: W.20, p.138 ↗2026/27: W.24, p.154 ↗“shall include at least one member of the Disciplinary Panel qualified as set out in Rule W.18.4” (2022/23)A Commission on the profitability and sustainability rules must include a qualified accountant or auditor, not as chair.All rules, both editions →). If both sides agree, one person can sit alone (W.21). Either side can object within two working days (W.26Objecting to a panel member2022/23: W.26, p.138 ↗2026/27: W.30, p.155 ↗“it must raise such objection within two Working Days of the relevant appointment(s)” (2022/23)Each appointee signs a statement of impartiality; a party has two working days to object.All rules, both editions →).
Take a published case. In Burnley v Everton, the decision lists the Commission as Mr David Phillips KC FCIArb, HH Alan Greenwood and Mr Nick Igoe ACA. The League’s complaint against Everton, about the Profitability and Sustainability Rules for 2021/22, was made on 24 March 2023. Mr Phillips heard Burnley’s application to intervene on 9 May 2023, sitting alone. The Commission named on the decision went on to decide the compensation claim, with rulings in 2024 and 2025 and a final decision in June 2026 (decision, paras 10 to 18).
| The Rules require | The published decision shows |
|---|---|
| Three members of the Disciplinary Panel (W.19) | Three named members, headed by Mr Phillips KC |
| The chair is legally qualified (W.19) | The chair is a King's Counsel; the letters FCIArb after his name show a fellowship of the Chartered Institute of Arbitrators |
| At least one accountant or auditor in a profitability case, not as chair (W.20) | Mr Igoe's name carries the letters ACA, a chartered-accountancy qualification |
| A statement of impartiality from each member, and a right to object within two working days (W.26) | Everton applied on 12 April 2024 for the Commission to recuse itself. It was heard on 10 May 2024 and refused on 22 May 2024 (para 15) |
In the City case the published core decision leaves the Commission’s names redacted, so the course does not name them. Section 5 does the same exercise for an Appeal BoardThe panel that hears an appeal from a Premier League Commission: three members, chaired by someone who has held judicial office. It reviews the evidence the Commission heard., using the Leicester City case.
Who has actually sat? A register from the published decisions
The Rules require seniority but say little about who the people are. The published decisions show the pattern: practising King’s Counsel (senior barristers), retired senior judges, and a specialist accountant where the case is about the financial rules. They are not retired amateurs; most have day jobs as advocates or arbitrators. Names below are as each decision styles them; past offices are taken from an official source and linked.
| Body and case | Who sat | Background (source) |
|---|---|---|
| Commission: Premier League v Everton (2023) and Burnley v Everton (2023 to 2026) | Mr David Phillips KC FCIArb (chair); His Honour Alan Greenwood; Mr Nick Igoe ACA | A King’s Counsel and Fellow of the Chartered Institute of Arbitrators; “His Honour”, the style of a circuit judge; a chartered accountant (the decisions’ cover pages: Burnley v Everton) |
| Appeal Board: Everton v Premier League (2024) | The Rt Hon Sir Gary Hickinbottom; Katherine Apps KC; Daniel Alexander KC | A Lord Justice of Appeal until his retirement on 7 January 2021 (judiciary.uk); two King’s Counsel |
| Appeal Board: Premier League v Leicester City (2024) | Sir Stanley Burnton; Sir Maurice Kay; Robert Glancy KC | Two former Lords Justice of Appeal, now arbitrators in chambers (One Essex Court; Kings Chambers); a King’s Counsel |
| Section X tribunal: Premier League v Leicester City (2025) | Lord Mance; Lord Neuberger; Michael Crane KC | A former Deputy President and a former President of the UK Supreme Court (supremecourt.uk; Law Society of Scotland); a King’s Counsel |
“Has held judicial office” (W.63The Appeal Board2022/23: W.63, p.141 ↗2026/27: W.77, p.159 ↗“one, who shall have held judicial office, shall sit as chairman of the Appeal Board” (2022/23)Three Appeals Panel members, chaired by someone who has held judicial office (a term the Rules do not define).All rules, both editions →) is not defined in either edition of the Rules. Nothing on the face of the text limits it to the courts of England and Wales. In practice, the Appeal BoardsThe panel that hears an appeal from a Premier League Commission: three members, chaired by someone who has held judicial office. It reviews the evidence the Commission heard. in these published cases were chaired by former judges of the English Court of Appeal.
What a practitioner checks before a Commission or Appeal Board
- Who appointed each member, their statements of impartiality, and the two-working-day window to object (W.26Objecting to a panel member2022/23: W.26, p.138 ↗2026/27: W.30, p.155 ↗“it must raise such objection within two Working Days of the relevant appointment(s)” (2022/23)Each appointee signs a statement of impartiality; a party has two working days to object.All rules, both editions →).
- Whether anyone was appointed from outside the Panel (W.84Appointing someone from outside the Panel2022/23: W.84, p.143 ↗2026/27: W.107, p.162 ↗“will exercise this power only in exceptional circumstances” (2022/23)The Chair may appoint a non-member for a particular case, expected only exceptionally.All rules, both editions →), and the bars on League or club ties (Appendix 13, para 6Who cannot sit on the Judicial Panel2022/23: Appendix 13, para 6, p.285 ↗2026/27: Appendix 13, para 6, p.400 ↗“accept any instruction, whether appearing as advocate or otherwise, from a party to any proceedings” (2022/23)No League employee, no club official or director, no one taking instructions from a party.All rules, both editions →).
- Notice of legal representation: 14 days (W.81Lawyers2022/23: W.81, p.142 ↗2026/27: W.104, p.161 ↗“entitled to be represented by a solicitor or counsel” (2022/23)Parties may be represented by a solicitor or counsel on 14 days' notice.All rules, both editions →).
- The timetable and its deadlines, above all the 14 days to appeal (W.67The 14-day appeal deadline2022/23: W.67, p.141 ↗2026/27: W.81, p.159 ↗“within 14 days of the date of the decision appealed against (time being of the essence)” (2022/23)The notice must reach the Chair of the Judicial Panel within 14 days of the decision. Strict.All rules, both editions →) and, in 2026/27, the 12-week standard directions (W.86The appeal timetable2022/23: W.70, p.142 ↗2026/27: W.86, p.160 ↗“conclude no later than 12 weeks (84 days) after the filing of the appeal” (2026/27)2022/23: directions as the Appeal Board thinks fit. 2026/27: hearing within 12 weeks, reasons within 30 days, unless varied.Changed: The 12-week standard timetable is new in 2026/27.All rules, both editions →).
- The evidence rules (W.80Evidence: any reliable means2022/23: W.80, p.142 ↗2026/27: W.98, p.161 ↗“facts relating to a breach of these Rules may be established by any reliable means” (2022/23)Not bound by the courts' rules of admissibility; reliability is the test.All rules, both editions →) and the fresh-evidence test on appeal (W.71New evidence on appeal2022/23: W.71, p.142 ↗2026/27: W.88, p.160 ↗“could not have been obtained by such party with reasonable diligence” (2022/23)Only evidence that could not have been found earlier with reasonable diligence.All rules, both editions →).
- Costs: who pays the panel (Appendix 13, paras 14 to 16) and the costs orders a Commission can make (W.51.9).
- Confidentiality and publication, including redaction requests (W.82Private hearings, published decisions2022/23: W.82, p.142 ↗2026/27: W.105, p.161 ↗“shall be confirmed publicly and published on the League’s website” (2022/23)Proceedings are private; referrals are announced and final decisions published.All rules, both editions →).
- For Section X: the right to choose one of the three arbitrators (X.8 to X.10Who sits on a Section X tribunal2022/23: X.8 to X.10, p.144 ↗2026/27: X.9 to X.11, p.163 ↗“a solicitor of no less than 10 years’ admission or a barrister of no less than 10 years’ call” (2022/23)Three senior lawyers: one chosen by each side, a chair chosen by those two.All rules, both editions →).
- Precedent: earlier decisions are published and persuasive, not binding; Everton’s Appeal Board used comparable cases as benchmarks.
What happens before and at the hearing?
The Board writes the complaint: the rules said to be broken, the facts, the documents (W.23Starting a case2022/23: W.23, p.138 ↗2026/27: W.27, p.155 ↗“commenced by a written complaint which shall be drafted by or on behalf of the Board” (2022/23)Only the Board can start a Commission case, by written complaint.All rules, both editions → to W.24). The Chair of the Judicial PanelThe pool from which Premier League Commissions and Appeal Boards are drawn, created by the clubs in 2020. The clubs appoint its Chair. appoints the Commission (W.19, W.26). The club answers within 14 days, admitting or denying (W.29The answer to a complaint2022/23: W.29, p.139 ↗2026/27: W.33, p.155 ↗“Within 14 days of receipt of the complaint” (2022/23)The accused answers within 14 days, admitting or denying.All rules, both editions →), and a denial means a hearing (W.35). The chair can give directions on particulars, documents, witnesses and experts (W.37 to W.38). Witnesses can be examined on oath and cross-examined (W.43How a hearing runs2022/23: W.43, p.139 ↗2026/27: W.56, p.157 ↗“witnesses may be examined on oath” (2022/23)The chair controls the hearing; witnesses can be examined on oath and cross-examined.All rules, both editions →). The Commission decides unanimously or by majority, with no abstention and no published dissent (W.46Majority decisions, no abstentions2022/23: W.46, p.139 ↗2026/27: W.59, p.157 ↗“No member of the Commission may abstain.” (2022/23)Unanimous or by majority; every member must vote.All rules, both editions →, W.49Reasons, and no published dissent2022/23: W.49, p.140 ↗2026/27: W.62, p.157 ↗“no minority or dissenting opinion shall be produced or published” (2022/23)The Commission gives reasons; a dissenting view is never published.All rules, both editions →).
On time, the Commission or the Chair of the Judicial PanelThe pool from which Premier League Commissions and Appeal Boards are drawn, created by the clubs in 2020. The clubs appoint its Chair. may amend the answer periods if there is a compelling reason to conclude the case quickly, or if the parties agree (W.31Changing the early time limits2022/23: W.31, p.139 ↗2026/27: W.35, p.155 ↗“shall have the power to amend the time periods set out in Rules W.29 and W.30” (2022/23)The answer periods can be changed for a compelling reason or by agreement.All rules, both editions →).
How is the evidence weighed? “Any reliable means”
A court in England and Wales has rules about what evidence it will admit. A Commission is released from them: it is “not bound by judicial rules governing the admissibility of evidence”, and facts “may be established by any reliable means” (W.80 in 2022/23; W.98 in 2026/27). What the phrase does and does not do. The word that carries the weight is “reliable”. The Commission can look at material a court might refuse, but it still has to decide what is worth believing. In the City case it set out how it treated circumstantial evidence and inference, documents from third parties, missing witnesses and missing documents, and the reliability of each of 27 witnesses, all of whom were cross-examined to some extent (Core Decision, paras 19 to 31).
| Question | A Commission (Handbook 2022/23) | A civil court |
|---|---|---|
| What can be admitted? | Anything reliable. Not bound by judicial rules of admissibility (W.80). | The court controls the evidence and may exclude what would otherwise be admissible (CPR 32.1). |
| Is second-hand (hearsay) evidence allowed? | Yes, if reliable; the rule is reliability, not form (W.80). | Yes: “In civil proceedings evidence shall not be excluded on the ground that it is hearsay” (Civil Evidence Act 1995, s.1). So here the two are closer than they look. |
| Documents | Admissible if relevant and lodged in time for no prejudice to the other side (W.34). The chair can direct the parties to exchange documents (W.38.3). | Disclosure is governed by CPR Part 31. |
| Before the case starts | The Board can require clubs and individuals to answer questions and produce documents, and confidentiality is no answer (W.1, W.15 to W.16). | No general power to demand documents. A court can order disclosure before proceedings only on conditions (CPR 31.16). |
| Witnesses | Examined on oath, cross-examined, and questioned by the chair and members (W.43). | Evidence in chief and cross-examination under the court’s control (CPR Part 32). |
| Experts | By the chair’s directions (W.38.4). | “No party may call an expert or put in evidence an expert’s report without the court’s permission” (CPR 35.4(1)). |
| Who sees the hearing? | Confidential and in private; final awards are published (W.82). | “The general rule is that a hearing is to be in public” (CPR 39.2(1)). |
The balance of probabilities: compared with what?
The Board has the burden of proving the complaint, and the standard of proof is the balance of probabilities (W.45). That means a fact is proved if it is more likely than not. It is the standard used in civil litigation in England and Wales. The contrast is the criminal standard, which asks a court to be sure that the accused is guilty, and which is what a prosecutor must meet. So a Commission can find that a club did something serious without that being a criminal conviction, and it can do so on less than a criminal court would need.
The standard is a threshold, not a score. The City Commission said the “serious wrongdoing alleged by the PL against the Club by each Charge required strong, cogent evidence to prove that individual Charge” (Core Decision, para 6). It recorded where it put the burden and the standard of proof in an appendix, which the published core document refers to but does not reproduce.
The standard matters again on appeal. An Appeal BoardThe panel that hears an appeal from a Premier League Commission: three members, chaired by someone who has held judicial office. It reviews the evidence the Commission heard. reviews the evidence the Commission heard rather than hearing the case afresh (W.74An appeal is a review2022/23: W.74, p.142 ↗2026/27: W.92, p.160 ↗“an appeal shall be by way of a review of the evidence adduced before the Commission” (2022/23)The Appeal Board reviews the evidence the Commission heard; it does not hear the case afresh.All rules, both editions →), and Section XThe arbitration part of the Premier League's Rules. It reviews a disciplinary decision on five narrow grounds, not as a second appeal. reviews on five narrow grounds. The course explains the machinery. It does not predict the outcome of any appeal.
Check yourself
A club argues that a document must be excluded because a court would not admit it. Good argument before a Commission?
Check yourself
Why can a Commission find a serious allegation proved on the balance of probabilities without it being a criminal finding?
What can a Commission do?
Almost anything short of expulsion. After hearing mitigation it may (W.51What a Commission can order2022/23: W.51, p.140 ↗2026/27: W.64, p.157 ↗“impose upon the Respondent a fine unlimited in amount and suspend any part thereof” (2022/23)Reprimand, unlimited fine, suspension, points deduction, compensation, conditions, costs, any other order.All rules, both editions →): reprimand; fine without limit; suspend a manager, official or player; suspend a club from matches; deduct points “scored or to be scored”; recommend a replay; order compensation to any person or club; cancel registrations; attach conditions; order costs; or make “such other order as it thinks fit”.
Expulsion it can only recommend. The clubs decide, by a special resolution of at least three quarters of those voting (B.6Expulsion of a club2022/23: B.6, p.57 ↗2026/27: B.6, p.60 ↗“a special Resolution to that effect being passed by a majority of not less than three-quarters” (2026/27)Only the clubs can expel a club, by special resolution of at least three-quarters of those voting.All rules, both editions →). Fines and costs are a civil debt the Board can recover (W.56Fines are a civil debt2022/23: W.56, p.140 ↗2026/27: W.70, p.158 ↗“Fines and costs shall be recoverable by the Board as a civil debt” (2022/23)The Board can sue for unpaid fines and costs; a club owed compensation can recover it the same way.All rules, both editions →).
A points deduction bites at once. Everton lost ten on 17 November 2023 for breaking the profit-and-sustainability rules (League statement); an Appeal BoardThe panel that hears an appeal from a Premier League Commission: three members, chaired by someone who has held judicial office. It reviews the evidence the Commission heard. cut that to six on 26 February 2024 (Burnley v Everton, decision, para 13); Nottingham Forest lost four in March 2024 (League statement).
Check yourself
Can a Commission expel a club from the Premier League?
A Commission and a civil claim, step by step
Side by side
The football route to a decision, beside the civil route
Step 1: Before the case
Premier League Section W
Board inquiry: it can require answers and documents, and confidentiality is no answer (W.1, W.15).
Civil litigation in England and Wales
No general power to compel documents. Pre-action steps and, on conditions, a court order for disclosure (CPR 31.16).
Step 2: Starting the case
Premier League Section W
The Board drafts a complaint in Form 22, naming the rules and the facts (W.23 to W.24). Only the Board can bring one.
Civil litigation in England and Wales
The claimant issues a claim form and particulars of claim (CPR Parts 7 and 16). Any claimant with a cause of action can.
Step 3: The answer
Premier League Section W
The respondent answers in 14 days, admitting or denying (W.29).
Civil litigation in England and Wales
A defence within 14 days of the particulars, or 28 if an acknowledgment is filed (CPR 15.4(1)).
Step 4: Directions
Premier League Section W
The chair gives directions on particulars, documents, experts and witnesses (W.37 to W.38).
Civil litigation in England and Wales
The court gives case-management directions and can extend or shorten time (CPR 3.1(2)(a)).
Step 5: Evidence
Premier League Section W
Any reliable means; witnesses on oath, cross-examined (W.43, W.80Evidence: any reliable means2022/23: W.80, p.142 ↗2026/27: W.98, p.161 ↗“facts relating to a breach of these Rules may be established by any reliable means” (2022/23)Not bound by the courts' rules of admissibility; reliability is the test.All rules, both editions →).
Civil litigation in England and Wales
The court controls the evidence (CPR 32.1); hearsay is admissible (Civil Evidence Act 1995, s.1).
Step 6: The hearing
Premier League Section W
In private; the chair has an overriding discretion over how it runs (W.43, W.82Private hearings, published decisions2022/23: W.82, p.142 ↗2026/27: W.105, p.161 ↗“shall be confirmed publicly and published on the League’s website” (2022/23)Proceedings are private; referrals are announced and final decisions published.All rules, both editions →).
Civil litigation in England and Wales
In public as a general rule (CPR 39.2(1)).
Step 7: The standard of proof
Premier League Section W
Balance of probabilities; the Board carries the burden (W.45).
Civil litigation in England and Wales
Balance of probabilities; the claimant carries the burden.
Step 8: The decision
Premier League Section W
Three members, unanimous or majority; reasons given; no dissent published (W.46, W.49).
Civil litigation in England and Wales
Usually one judge, with reasons in a published judgment.
Step 9: The remedy
Premier League Section W
A sanction or compensation (W.51); fines and costs recoverable as a civil debt (W.56).
Civil litigation in England and Wales
Damages, an injunction, a declaration, and costs.
Step 10: Challenging it
Premier League Section W
Appeal Board within 14 days, as a review of the evidence (W.67The 14-day appeal deadline2022/23: W.67, p.141 ↗2026/27: W.81, p.159 ↗“within 14 days of the date of the decision appealed against (time being of the essence)” (2022/23)The notice must reach the Chair of the Judicial Panel within 14 days of the decision. Strict.All rules, both editions →, W.74). Section 5 takes it from here.
Civil litigation in England and Wales
An appeal, normally a review not a rehearing (CPR 52.21(1)), with its own time limit (CPR 52.12(2)).
The civil column is the general position in England and Wales, not a statement about any particular claim. The football column is the 2022/23 Handbook.
As at 2026-10-07. Rules are cited by Premier League Handbook edition and rule number; decisions and judgments by date and paragraph; commentary is attributed and never stated as the law. probative.io is a research and investigations practice, not a law firm, and does not provide legal advice; nothing here is a view on any particular matter.