They probably don't need to 'prove' it exists (i'm not a lawyer, i'm just applying logic not knowledge). Their claim is effectively that we cheated and they didn't and so they were deprived of a fair chance to stay up. As I said earlier, it seems strange to me that this is happening and it could potentially open a massive can of worms, but the indications are that there is a case there so we can all sit here and say what they need to do and how it won't stand up but it appears that it isn't quite that clear cut.
Oh it's not clear cut at all, either way. Hence why Leeds dropped their case and Burnley pursuing.
I am basing this on absolutely nothing, but you would imagine the following points would contradict any legal action:
1) It opens a huge can of worms
2) They would have to prove a "quantifiable" advantage (of at least 4 points). Given an independent commission has said there is no "quantifiable" advantage, you'd imagine that would contradict the commission.
3) Isnt there an agreement PL clubs do not take legal action against one another?
4) Everton were punished for their offences. There is nothing on the rules that say it should be that season. So that would surely be a case against the regulator for not doing it (maybe that might follow).
It should be thrown out, but I have very little faith in our justice system. I also think it's a huge conflict of interest then employing our former legal council.