(Credit: Imago/Getty Images)
(Credit: Imago/Getty Images)

‘There was no settlement’ – Stefan Borson ‘surprised’ after Everton and Burnley legal twist

James Murray

James holds a degree in Sports Journalism and Communications (MA) from the Real Madrid Graduate School. He has experience working for a number of local news outlets as well as the Sunday Mirror and Real Madrid TV. James is from Scunthorpe and has an affinity with Scunthorpe United, but is also a huge West Ham supporter and an expert on all things to do with the Hammers. He started working for Breaking Media in July 2023, initially writing on the Club Sites, where he specialised in West Ham content, before moving to Football Insider – where he is now an expert in football finance, speaking regularly with Stefan Borson and Keith Wyness to generate high-quality content in all things related to finance in the Premier League, Football League, and Scottish Premiership.

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Everton and Burnley have made a “surprising” decision after failing to reach a settlement in their ongoing legal battle. 

Burnley were one of five clubs to apply for compensation alongside Leeds UnitedLeicester CitySouthampton and Nottingham Forest after Everton were charged with a profit and sustainability (PSR) breach for 2021-22 and 2022-23. 

The i Paper reported on 15 September Burnley are suing Everton for £50million, with the case scheduled to begin last week at the International Dispute Resolution Centre in London. 

Former Man City financial adviser Stefan Borson exclusively told Football Insider the case could still be settled between the two parties despite the hearing already getting underway. 

Everton owner Dan Friedkin
Dan Friedkin took over Everton last December (Credit: Imago)

Everton could have agreed Burnley settlement deal

Burnley are claiming they missed out on extra revenue following their relegation in 2021-22 – one of the seasons where Everton were found to have breached the PSR rules. 

The Lancashire side, who finished third-bottom and four points behind the Toffees, are the only one of the five clubs to have followed through with their bid to receive compensation. 

Speaking exclusively to Football Insider, Borson said: “I'm slightly surprised that it's not been settled. 

“It's interesting that The Lawyer magazine has had exceptionally good sources on these cases. 

“I think they appear to have come from the kind of industry chat, the barristers and the chambers, and they then seem to have most of the information about when things were starting, who the barristers were and all these sort of things. 

“They wrote an exclusive in March that said that Everton had appointed a guy called Mark Howard KC, who is a top commercial barrister to defend them. 

“They also had the information that the case was to start in the autumn, and then we see that apparently it did start last week. 

Burnley owner Alan Pace has taken legal action against Everton (Credit: Imago)
Burnley owner Alan Pace has taken legal action against Everton (Credit: Imago)

“The parties would have said if that was wrong because everybody's written it, so I think we can assume it did start last week. The fact that it did start tells you that there was no settlement. That's the bit I was a bit surprised about. 

“It felt to me like something that could be settled just because the range of potential outcomes was quite small. It doesn't mean it can't be settled after the start of a hearing, but it's less likely.” 

Everton were docked a total of eight points in the 2023-24 campaign following their spending breaches, with top-flight clubs only permitted to make £105m of losses over a rolling three-year period. 

Expert reveals likely outcome in Everton and Burnley legal battle

Former Everton CEO Keith Wyness told Football Insider he expects the Toffees and Burnley to reach a settlement in their legal battle. 

Scott Parker led the Clarets back into the Premier League last season, having finished second in the Championship table behind Leeds. 

Burnley currently sit 16th in the top-flight table after five games, while Everton are 10th under David Moyes

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