Ealing Trailfinders ready to sue RFU if promotion is blocked again
GARRY BOWDEN/SHUTTERSTOCK/REX FEATURES
Alex Lowe, Rugby Correspondent
Ealing Trailfinders are prepared to take legal action against the RFU if they win the Championship and are blocked from being promoted to the Gallagher Premiership for the second year running.
The west London club are top of the RFU Championship and favourites to win the title. They were denied promotion at the end of last season after falling short of the RFU’s minimum standards requirements because their stadium, Vallis Way, did not hold 10,000 supporters.
Ealing Trailfinders, who average about 1,000 spectators for every home game, dropped their appeal against that decision but believe that they can prove the stadium capacity demands are an unlawful barrier to entry.
The minimum standards for this season were redrawn. Any club who wants to go up must now provide evidence within two weeks of winning promotion into a 12-team Premiership that they will have a 10,000-capacity stadium by the 2024-25 campaign.
At the same time, Premiership Rugby (PRL) and the RFU are working on a plan to relaunch professional club rugby. The favoured model at present is to reduce the Premiership to ten teams in 2024, just at the point when Ealing Trailfinders need to open their new stadium.
In effect, the club are being asked to commit to a £14.8 million stadium construction project without any clarity from PRL about what the league would look like in 2024 and whether they would be in it.
Ealing Trailfinders say that level of blind financial commitment could push a debt-free club into the red and questioned PRL’s approach, given its publicised commitment to sustainability in the wake of Wasps and Worcester Warriors going into administration.
Officials at Ealing Trailfinders say they are anxious to avoid the legal route but feel that they are being treated like a “problem child” by the governing bodies, when all they want is clarity on the future and to be part of the restructuring conversation.
“We believe we can prove that 10,000 is unlawful and we feel we have a very good case,” Ben Ward, the Ealing Trailfinders director of rugby, said.
“Why can we host men’s Premiership football here? We can have Man United come down here. We had a licence to be the London Broncos’ base in Super League. So we can do all of those but for some reason we can’t do men’s Premiership rugby. You can’t tell me that’s for any other reason than to be a barrier of trade or restriction of trade.
“We don’t want to use that [legal route]. I don’t believe we should be arguing with our union. I believe we should be working together for what’s right for the game. I would have the same interest if Jersey Reds won the league.
“All we want is good conversations. At the moment we believe it is illogical, illegal and unfair the way they are looking at it. Last year I was getting messages from the RFU saying one thing and PRL telling us something completely different.
“There is no clarity. They are making decisions to protect the 11 [existing Premiership clubs] as it is at the moment.”
Simon Halliday, the former chairman of European club rugby, has been recruited by Ealing Trailfinders to try to bring the RFU and PRL to the table.
“We are not expecting to be told that we can’t go up if we finish top,” Halliday said. “In a very friendly and direct way we have said, ‘We have significant legal opinion.’ We want to know what we are getting into. We want to know what plan they have.
“We want to be part of a sensible and sustainable restructuring of English rugby and be at the table, because what happens to us will drive sentiment in the game.
“If we finish top again and we don’t go up again, we have already put the RFU on notice that we do not intend that to be the outcome. I don’t believe the game will accept it. What does that mean to ambition in this country? Are we just kissing goodbye to the top 11 clubs in the country?”
Ealing are desperate to achieve their long-held ambition of winning promotion. But promotion into what? Simon Massie-Taylor, PRL’s chief executive, has said that a decision on the competition size and structure for the 2024-25 season has to be made as a matter of urgency so that Ealing Trailfinders and other promotion hopefuls know where they stand.
The Premiership’s finances were branded as “clearly unsustainable” in a parliamentary report published by the Department for Digital, Culture, Media and Sport on Tuesday (DCMS). PRL and the RFU issued a joint statement saying they were “working hard . . . to create a sustainable league”.
Ealing Trailfinders questioned that commitment, given they are being asked to spend £14.8 million on a stadium — with pressure to commit up to £20 million more in buying a share of the league — without knowing what the competition will look like from 2024.
“Where is the sanity in spending £15 million on a ground when we don’t know if we will be in that league and we don’t know if the minimum standards will change,” Ward said. “To build that without knowing why we are building it or what for would put the club at risk.”
For Ealing Trailfinders to have full rights as a Premiership club — to receive £1.5 million in central funding each year and to have a voice at the discussion table — they would need to purchase a P share.
Owning a P share is not a prerequisite for playing in the Premiership. “They expect you to have one,” Halliday said. Wasps and Worcester had their P shares bought by the league at the agreed insolvency rate of £9.8 million. Ealing Trailfinders have been quoted prices of between £15 million and £20 million.
“The DCMS report says the Premiership is unsustainable. We know this,” Ward said. “So why would the RFU or PRL ask another club to go into debt, when we have zero debt at the moment, for something that is a barrier to entry rather than being something that makes the league better.
“I am fully in favour of minimum standards — safety for players, medical staff, all of that is very important. What I am not in favour of is asking us to build a stadium for 10,000 when we are attracting a 1,000 crowd.
“By the time we build it they are telling us it may go to a ten-team league. So what are we building for? What is the future? To build without knowing what the future is, we believe that is irresponsible for the club, especially when you see what has happened with Worcester Warriors and Wasps.
“We are not sitting here saying we wouldn’t develop our stadium but we are saying it should be developed with the rate of our crowd. And as that grows we should grow.
“We have only been professional for nine years and we have everything in a calculated way.
“I believe as a club we should be applauded for doing this in the right way. As should other Championship clubs like Coventry and Doncaster, who are growing in a sustainable way.”
https://www.thetimes.co.uk/article/eali ... -0sxq9xpw9