Why Nottingham Forest have grounds to sue Gary Neville and Sky Sports

Nottingham Forest are reportedly considering suing Sky Sports after leading pundit Gary Neville referred to their statement condemning referee Stuart Attwell as like something from a “mafia gang”.

Meanwhile, the Premier League is investigating Forest’s statement and could hand out punishments imminently.

After Forest’s 2-0 loss to Everton on Sunday, the club said: “Three extremely poor decisions – three penalties not given – which we simply cannot accept.

“We warned the PGMOL that the VAR is a Luton fan before the game but they didn’t change him. Our patience has been tested multiple times. NFFC will now consider its options.”

Neville then criticised this outburst on air. But were his comments strong enough to constitute something as serious as a court case?

i spoke to sports lawyer Yasin Patel of Church Court Chambers to discuss Neville, potential punishments for Forest and the club’s possible next steps.

Why Nottingham Forest could sue Sky Sports

After Forest released their controversial post on social media, Neville said on Sky Sports: “It’s like a mafia gang statement. I mean, honestly, what the hell are they playing at?

“It’s like a petulant child, it’s embarrassing. And some of those things they’re saying in there, the suggestion of some sort of inferring of cheating because there’s an official in VAR in Stockley Park who’s a Luton fan is a scandal, and they will pay for that.”

The club are drafting a legal letter to Sky Sports, according to a report from The Daily Mail, and Patel explains they would have a fair case if they pursue legal action: “Forest can go for libel in terms of what’s been said, they can go for damaging reputation.

“Do I think they will? No. The club name has been damaged – they’ve been said to be akin to the biggest criminals out there.

“They could ultimately say to [Neville], withdraw this otherwise we’re going to trial, because we’re not criminals. We’re not doing anything that’s linked to criminality, etc. All we’re doing is questioning the honesty of another party.

“They can go to the High Court in relation to damages. Do I think they will? No. Ultimately, Sky Sports might ask him to retract the comments.”

There is also an underlying tension here due to criminal allegations linked to Forest owner Evangelos Marinakis, a Greek shipping magnate.

Marinakis is named and has been investigated as part of an ongoing case in Greece around a tanker which was intercepted in the port of Piraeus carrying 2.1 tonnes of heroin in 2014.

He has strongly denied any involvement and has not been formally charged, saying on his website “the Noor 1 case is about politics, not the rule of law”, but this investigation still provides added subtext to Neville’s comments.

How the Premier League can punish Forest

The Premier League has confirmed it is investigating Forest after their statement, while referees’ chief Howard Webb is expected to meet with the club this week for peace talks.

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Historically, the league has always punished managers who question referees’ integrity – Vincent Kompany recently received a two-game touchline ban and a £10,000 fine for calling Darren England “a f**king cheat”.

Forest have already been deducted four points this season for breaching Profitability and Sustainability Rules (PSR), and there has been some speculation of further deductions for their statement.

Yet Patel does not believe this will be the case: “Forest could bring their club in to massive disrepute with regards to the comments they’ve made, they could bring the game into disrepute.

“The Premier League could bring charges in terms of questioning the integrity of officials. They could bring further charges in relation to the spirit of the game and how that has been damaged.

“Forest will get punished for bringing the game into disrepute, but they won’t get a points deduction on the back of this. I don’t think the Premier League or Forest want another battle like that.

“If they were to, that would end up in court, I can guarantee. But there will likely be fines for the club with regards to comments made in an official capacity.”

Forest’s next steps in refereeing row

A lot of the questions now will be around what Forest should do next.

They have had their request to hear the VAR footage granted, albeit only privately, yet there is little precedent for what action they can take if they don’t like what they hear.

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Patel assessed the feasibility of two of the more extreme possibilities for Forest to pursue – requesting a replay and suing the Premier League: “Well, it’s not as if replays haven’t been done from VAR mistakes – we’ve seen in Europe this year [Anderlecht vs Genk in Belgium].

“If they are about to set precedents, why can’t they ask for that? Particularly if mistakes like this cost them points and ultimately might cost them Premier League survival by a point or two and hundreds of millions of pounds.

“As to suing the Premier League. Well, who’s done that up to now and who is going to? I don’t think they are going to in relation to this. But with a whole combination of matters where there’s errors on several fronts, then there might be on the argument they’ve been treated unfairly.”

However the most realistic option is requesting an apology from Neville and being punished by the Premier League with a hefty fine. There is very little Forest can actually do moving forward without pursuing lawsuits which are unlikely to be successful.

What has been said since the weekend?

Neville has stuck to his guns so far. Speaking on the Stick to Football podcast on Wednesday, he said he was not covering Forest’s game against Manchester City on Sunday and will be at Tottenham’s north London derby against Arsenal instead.

He added: “If you’re the leader of [Forest], since Mark Clattenburg came in [as refereeing consultant], in the last 10 games they’ve won one match. In the 10 games before, they won four.

“You never give football players or employees a get-out excuse ever. He’s given them an excuse to not win. Now that might sound crazy, but when you put that negativity in, Neco Williams, he’s probably a really good player, he’s coming out on Sunday and he’s talking about referees.

“They’re all consumed about referees, and they’ve given themselves an excuse, everyone’s against us. It’s not working for them this strategy or the way in which it’s going.”

Nottingham Forest did not respond to i‘s requests for comment. Sky Sports declined to comment.