Why the Independent Football Regulator can give fans more access than ever before

Football’s new regulator may shine a spotlight on a murky corner of the beautiful game: its legal disputes.

For decades, the riskiest legal battles in English football were resolved behind closed doors. Whether it is the intricacies of the Profitability and Sustainability Rules (PSR), Manchester City’s infamous 115 charges, or Related Party Transactions, the preferred choice is usually private arbitration, governed by strict confidentiality rules.

The presence of the Football Governance Law of 2025 and the birth of the Independent Football Regulator (IFR) will likely change this culture of secrecy. Clubs, individuals and organizations directly affected by an IFR decision will have the power to challenge the decision at the Competition Appeal Tribunal (CAT).

This was a relatively hidden point in the Department of Culture, Media and Sport’s Impact Assessment on the Football Governance Bill back in July, but handing final decisions on some football disputes to the CAT could usher in a new level of transparency.

Be open and honest

In the existing system, although the final results of legal disputes may sometimes be made public, complete evidence, trial transcripts, and details of arguments are often invisible to the public.

Speculation about City’s demands for 115 is evidence of the problems caused by this system: fans often fill in the information gaps with their own opinions.

IFR changes the calculus. Its decision is subject to the scrutiny of the CAT. Under CAT rules, the starting point is clear: hearings are held in public.

Importantly, not all IFR decisions can be appealed to the CAT. Decisions deemed to have the highest impact on clubs, individuals and other parties – including suspension of licenses to operate, suitability of new owners or club administrators, and either disqualification or dismissal or club owners – can be appealed directly to the CAT.

Other “reviewable decisions” – a fancy term in the IFR to denote actions taken that can be challenged or re-examined – will go through a judicial review process at the CAT to check whether the IFR acted lawfully, rationally and fairly.

These decisions must first be reviewed internally by the IFR Board or a panel of experts before being fully reviewed by the CAT, and include financial sanctions imposed on the club, decisions regarding home moves or changes to the club’s name, crest or shirt colours.

Regulatory decision

What’s more, an appeal to the CAT can be filed by anyone with a “sufficient interest”, raising the possibility that players or even fan associations will become involved in the case.

A complaint I often hear from court journalists in London is that, although in theory justice is open, in practice it is difficult. Documents that should be accessible via court e-file often take weeks to become available, and delays are the enemy of newsworthiness.

The CAT is a more modern court than some of its compatriots, particularly the Royal Courts of Justice and its 21st century cousin in the Rolls Building. Live streaming is routinely available for court hearings at CAT, and the website and documents are easy to navigate in comparison.

For institutional investors and football club owners, this is a significant change. Witness testimony, financial disclosures and cross-examination of executives were, for the first time, accessible to the media and the public in real-time.

While a “ring of secrecy” will certainly remain in place to protect sensitive information, the CAT’s default position on open justice means that some legal disputes in football could be shifted from private to public matters.

Feeling the pinch

These changes come at a time when legal spending from clubs, governing bodies and leagues is increasing. Financial disclosures reveal that the Premier League’s legal expenses will reach £45 million in the 2023-2024 season, 600 per cent higher than estimates before the season started.

Certain clubs are also feeling the impact. From multi-year disputes regarding Related Party Transactions (APT) to the points deduction defenses undertaken by Everton and Nottingham Forest, legal costs are now an item that can legitimately impact a club’s financial planning.

The presence of IFR adds a third layer of regulatory risk. Clubs must pay attention to the requirements of their domestic leagues, scrutiny of UEFA’s financial regulations for those fortunate to compete in Europe, and now the new IFR regulations. With the CAT acting as the new specialist court for appeals, the legal arms race is unlikely to slow down.

I wrote this time last year that 2024 was a record year for UK newspaper coverage of football legal disputes, according to major research carried out by Thorndon Partners. The potential for increased public scrutiny as clubs and individuals challenge the new regulators in the CAT will likely break those records in the years to come.

Charles McKeon is a co-founder of Thorndon Partners