Examination of the EFL regulations, indicate only Bury Football Club may lodge an appeal against a decision by the EFL to impose a points deduction penalty arising from an insolvency event i.e. application of a Company Voluntary Agreement (CVA). Further, under Section 3 of the regulations, The League, sub-section 12.3.10 (b) an appeal can only be lodged on the grounds that the relevant insolvency event arose solely as a result of ‘Force Majeure’ (an unforeseeable and unavoidable event).
For the purposes of this regulation a definition of a Force Majeure event is given in sub-section 12.3.11, were when considering the circumstances leading to the CVA application by Bury Football Club, it is evident the Club do not meet the requirement to claim a Force Majeure event. Finally, for interest only, all costs associated with an appeal fall upon the appellant Club.
For the reasons given above, Forever Bury cannot appeal against the EFL’s imposed points deduction. However, Forever Bury in discussions with the Football Supporters’ Federation (FSF), have fully informed them of the circumstances leading to the current position at the Club. Going forward the FSF will use this information in their ongoing dialogue with the EFL.