Leicestershire will appeal pitch penalty in bid to avoid relegation

Process means Essex could face anxious wait if they fail to pull clear this week

Leicestershire have announced that they will appeal their 27-point penalty for preparing a pitch deemed 'poor' for their victory over Glamorgan last month. It leaves open the possibility that the identity of the second relegated team from Division One of the County Championship could remain unclear at the end of the final round of games, which starts on Thursday.

Leicestershire learned last week that they would be penalised for the pitch prepared for their 42-run win at Grace Road on August 20-23, after match referee Ian Ramage provided 43 examples of uneven bounce in his match log. They were docked the 19 points that they earned in the match under the Championship's playing conditions, plus a further eight points by the independent Cricket Discipline Panel (CDP).

The club argued in the disciplinary tribunal that an unscheduled Bollywood film shoot - for Sourav Ganguly's upcoming biopic - at Grace Road four days before the Glamorgan fixture had forced their grounds team to expose the pitch to eight hours of bright sunshine, but the panel said that the club "should have envisaged the need to incorporate protection of the pitch" while filming took place.

After their win against Hampshire last week, Leicestershire sit ninth in Division One heading into the final round of fixtures, 19 points behind eighth-placed Essex. They face leaders Warwickshire at Edgbaston needing a win to stay up (assuming the points deduction stands), while Essex travel to Glamorgan knowing that a draw would be enough to ensure survival.

Emma White, Leicestershire's chief executive, said in a statement on Thursday that the club have "serious concerns" about the disciplinary process and that they would be appealing the sanction. Many of the club's fans are furious about the extent of the sanction, and some chanted "f*** the ECB" during their their defeat to Middlesex in Sunday's One-Day Cup final at Trent Bridge.

"Many of you have contacted the club following the Cricket Discipline Panel's decision on the pitch prepared for our County Championship match against Glamorgan in August," White said in an open letter to supporters. "Thank you for your patience and your support.

"The club respects the Cricket Discipline Panel process, which is ongoing. However, we have serious concerns about the process that resulted in the panel's decision on the charge and the sanctioning procedure. I can confirm that the club will be appealing.

"The club has instructed specialist sports law barrister Craig Harris of Furnival Chambers to advise and represent us, and Oliver Laurence of Periculum Sport to provide independent expert and strategic support throughout the appeal."

White added: "The Panel itself found that the club did not intend the pitch to play as it did and that this was not a case of cheating. Our grounds team has an outstanding record, and I am proud of the work they do.

"As we intend to appeal, it would not be appropriate for the club to comment further at this stage. I would ask all supporters to do the same, and to treat everyone involved, including players and staff from other counties, and those involved with administering this process, with courtesy and respect, both at the ground and online."

If Leicestershire finish ninth, but fewer than 27 points behind Essex, then the two clubs will face an anxious wait on the outcome of an appeal before they get confirmation of which division they will play in next season. Hampshire have already been relegated to Division Two and Durham promoted, with Kent and Northamptonshire battling over the second promotion spot.