Get all your news in one place.
100’s of premium titles.
One app.
Start reading
Chronicle Live
Chronicle Live
Sport
Ciaran Kelly

Nick De Marco's role in arbitration ruling that will help Newcastle United's bitter rivals Sunderland

Nick De Marco played his part after an independent arbitration panel decided to scrap the English Football League's (EFL) salary cap for Leagues One and Two.

De Marco, who is one of the QCs representing Mike Ashley in Newcastle United's dispute with the Premier League, acted for the Professional Footballers Association (PFA) alongside Ravi Mehta in its arbitral challenge to the EFL.

Third and fourth-tier clubs voted the caps through last summer but the PFA believed they were 'unlawful and unenforceable'.

An independent panel has now ruled that the EFL were in breach of the Professional Football Negotiating and Consultative Committee's (PFNCC) constitution in introducing the caps, which were set at £2.5million per club in League One and £1.5million per club in League Two.

Reacting to the decision, De Marco tweeted: 'Delighted to have successfully represented the PFA in this important case about football salary caps.'

While Sunderland supporters would love to earn promotion to the Championship this season, the decision could yet have huge ramifications for the Black Cats if Lee Johnson's side stay in League One - particularly if the club's prospective takeover goes through.

The PFA now hope to 'open constructive dialogue to agree reasonable and proportionate cost control measures' for the future.

Gordon Taylor, the PFA's chief executive, said: "We were disappointed that the EFL decided to introduce salary cap proposals, which were voted through without the proper consideration or consultation with the PFNCC.

"As a result, in August 2020, the PFA served a notice of arbitration on the EFL stating the introduction of the new rules were in breach of obligations under the constitution of the PFNCC. We are pleased the panel upheld the PFA's claim.”

A statement from the EFL added: 'At the time of the adoption of the salary cap rules, the EFL included a provision to ensure that any decision such as this would have the effect of reinstating the SCMP rules that were in operation during season 2019/20, which links player related expenditure to turnover.

'The EFL will now discuss the matter of financial controls and implications linked to this outcome at a series of meetings with its member clubs later this week.'

Sign up to read this article
Read news from 100’s of titles, curated specifically for you.
Already a member? Sign in here
Related Stories
Top stories on inkl right now
One subscription that gives you access to news from hundreds of sites
Already a member? Sign in here
Our Picks
Fourteen days free
Download the app
One app. One membership.
100+ trusted global sources.