Charlton, Fulham, Sheffield United and Wigan are taking legal advice over
West Ham's Premier League punishment. The quartet are angry relegation
rivals West Ham escaped a points deduction for breaking rules in the
signings of Carlos Tevez and Javier Mascherano. In a letter sent to the
Premier League the four clubs said: "You can expect to hear from us in
relation to this in the early part of next week. "In the meantime, all our
rights in that respect are reserved."
The Premier League have also taken legal advice and have been told its
position is unassailable. Its defence is that it is entirely up to the
independent commission to decide on the punishment, and that if the Premier
League had any influence over the decision it would be a conflict of
interest. It would argue the commission had a full range of sanctions
available to it, and that Premier League rules do not state what the
punishment should be for such rule breaches. A Premier League spokesman
tonight said: "We will study the contents of the letter and respond
accordingly."
West Ham were fined £5.5m but not deducted points after being accused of
acting improperly over the transfers. The Hammers could argue that there was
no precedent in the case and that a points deduction was one of a list of
penalties available to the panel, and not the sole option.
However, should the clubs pursue legal action, they will make clear points
penalties have been issued before for seemingly far less serious offences.
Middlesbrough, for example, were deducted three points in 1997 for failing
to fulfil a fixture as 16 players were either ill or injured, a judgement
that condemned them to relegation from the Premiership. And in his
explanation of the decision, Simon Bourne-Arton QC, who headed the
commission, said a points sanction at this stage of the season would have
condemned the Hammers to certain relegation. He added that a different
decision may well have been taken if the hearing had been in January as a
points deduction with four months of the season remaining "would have been
somewhat easier to bear".
With two games left in the season, West Ham are third-from-bottom as they
occupy the final relegation spot with Charlton one place and two points
adrift of them. Wigan are one place above West Ham and the drop zone,
separated only by goal difference, with Fulham one point and Sheffield
United three points ahead of the Hammers. Former chairman Terry Brown is
also threatening to sue West Ham after being sent a letter terminating the
contract he signed when he sold the club.
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Legal action imminent? - KUMB
Filed: Friday, 4th May 2007
By: Matthew O'Greel
Wigan, Sheffield United, Fulham and Charlton have confirmed they are seeking
legal advice with view to suing the Premier League for not docking points
from West Ham. A statement released on behalf of the four clubs tonight
confirmed that they are seeking advice with view to legal action, although
an announcement on that will not be made until next Monday. The statement -
no doubt delivered in a thinly veiled attempt to unsettle the Hammers ahead
of tomorrow's must-win match against Bolton - follows comments from both
Wigan and Sheffield United slamming the League for refusing to dock points
from the Hammers for infringing league rules with regard to third party
ownership. Wigan's Dave Whelan has called for United to be docked 10 POINTS,
whilst Sheffield United' Kevin McCabe confirmed earlier that the Blades
'have some excellent and reputable lawyers who have been looking at this
matter for a week'.
The Premier League have also taken legal advice and, according to rumours,
have been informed that their position is unassailable. West Ham United
Chairman Eggert Magnusson has refused to comment until the current season -
which reaches its climax next Sunday - has finished.
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Quartet prepare legal battle
By Peter ORourke - Created on 4 May 2007
Charlton, Fulham, Sheffield United and Wigan have confirmed they are taking
legal advice following the Premier League's decision not to deduct West Ham
points over the transfers of Carlos Tevez and Javier Mascherano West Ham
escaped a points deduction despite breaking transfer regulations regarding
the signings of Tevez and Mascherano. The Upton Park outfit were fined £5.5m
but not deducted points much to the anger of their relegation rivals.
Representatives of all four clubs are believed to have held a meeting in
Harrods on Friday to discuss their plans to mount a legal battle. Wigan
chairman Dave Whelan revealed on Thursday that his club was considering
taking legal action against the Premier League should West Ham avoid
relegation. Sheffield United chief Kevin McCabe also confirmed on Friday
that he had a legal team working on the matter. Now Fulham and Charlton have
joined the legal battle to see if they have a case against the Premier
League's ruling. The four clubs claim the Premier League have set a
precedent by not docking West Ham points for breaking transfer rules.A
statement released by the four clubs and sent to the Premier League's board
of directors confirmed: "You should understand we are separately in the
process of obtaining legal advice arising out of the terms of the decision.
"You can expect to hear from us in relation to this in the early part of
next week. "In the meantime, all our rights in that respect are reserved."
The statement from the clubs continued saying: "The board are given power
under the rules to `inquire into any suspected or alleged breach of these
rules...
"The FAPL have a duty to act in good faith and with reasonable diligence.
"That duty extends to investigating an alleged breach of the rules where
there is some apparently credible evidence of a breach. "Furthermore, given
the potential significance to our clubs of any further serious breach of
FAPL rules by West Ham at this point in time, not to investigate immediately
would be a breach by the League of their obligation of utmost good faith to
us under FAPL rule B13.
"In the light of the above it is incumbent upon the board forthwith to
investigate this matter."
The Premier League, who have taken legal advice, have said they will study
the letter from the four clubs before making a response.A Premier League
spokesman said: "We will study the contents of the letter and respond
accordingly."
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Curbs plays down legal row - Sky
By Peter ORourke - Created on 4 May 2007
West Ham boss Alan Curbishley has called on their relegation rivals to
concentrate on football rather than legal battles. The Hammers have found
themselves at the centre of controversy with Sheffield United and Wigan both
preparing for possible legal challenges to why West Ham were not deducted
points even though they were guilty of breaching transfer regulations. The
Upton Park side were fined £5.5million last weekend over the signings of
Carlos Tevez and Javier Mascherano. West Ham's relegation rivals are now
ready to take legal action should they be relegated instead of the East
London club. Curbishley can understand the views of their rivals, but he
believes they should move on and focus on action on the field with West Ham
tackling Bolton this weekend. "You can understand their views on it. I can
see where they are coming from but the decision's been made and we've all
got to react accordingly. "That's all we're doing. "Other people should
concentrate on the football, that is the most important thing. "It's a stiff
old fine, I wouldn't like to pay it. "But that's what the judgement is.
Other people's reaction is there for people to see but once the judgement is
made that's it. "We've got to get a result against Bolton, everything else
is irrelevant. "It's a delicate situation but all we've done is worry about
the football."
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West Ham v Bolton: Preview - Soccernet
Argentina star Carlos Tevez insists there is still a chance he could be a
West Ham player next season. The striker is at the centre of an eligibility
storm which has seen West Ham fined a record #5.5million and their
relegation rivals threatening legal action. But as the Hammers attempt to
thrash out a new contractual arrangement for the player, Tevez revealed his
future could still be at Upton Park. ``There is a possibility I could stay.
It is a case of sitting down with the directors of West Ham to sort out a
few things but certainly there is a chance I could stay with the club,'' he
said. The decision, though, will not rest with the player but his part-owner
Kia Joorabchian, with whom West Ham are currently in talks. West Ham had to
terminate elements of their original four-year contract with Tevez after
being found guilty of agreeing to clauses which allowed a third party -
Joorabchian - direct influence over the club. By satisfying the Premier
League those clauses are no longer in place, Tevez was free to play in last
weekend's vital 3-0 win over relegation rivals Wigan and for the remainder
of the season. But for Tevez to stay at Upton Park next year the Hammers
would either have to buy him outright from Joorabchian for around #20million
or agree a loan deal similar to that which Liverpool have for Javier
Mascherano. Manager Alan Curbishley has refused to publicly confirm whether
or not he would like to keep Tevez next season. The West Ham supporters
certainly would. Tevez's form over the second half of the season breathed
new life into the club's battle for survival and the fans voted him Hammer
of the Year. Any agreement would be dependant on West Ham surviving a fierce
relegation battle and staying in the Barclays Premiership - and that is
where Tevez's focus is. West Ham must beat Bolton at Upton Park on Saturday
if they are to stand any realistic hope of dragging themselves out of the
relegation zone. Tevez told WHUTV: ``The fine and everything surrounding it
is something for West Ham and the lawyers to take care of. My only concern,
as always, is playing football. ``It was a very good victory (over Wigan)
particularly in terms of our relegation battle. If we had lost, it would
have left us virtually relegated so we are all very pleased with the result.
`We will be doing everything we can to keep this club in the Premier League
and for me it is an opportunity to repay the support the fans have shown
me.''
New manager Sammy Lee insists Bolton will remain ``on an even keel'' for the
remaining two matches of the season after the shock departure of Sam
Allardyce. The former Liverpool coach will take charge of the side for the
first time when they face West Ham at Upton Park after being handed an
open-ended contract. Bolton are aiming to cement a place in the UEFA Cup for
the second time in three seasons and host Aston Villa on the final day. Lee
said: ``The two remaining games are massive. It is important we finish off
in the right way and qualify for Europe. That is what we deserve. ``We need
to keep things on an even keel. What has happened this week was a shock to
everyone. ``This group of players are determined to get the points needed
for Europe. ``Certainly their response in training has been excellent. Their
attitude and professionalism has to be admired.''
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Warnock backing Hammers legal action - Soccernet
Sheffield United manager Neil Warnock is fully behind the club as the Blades
consider a legal case against West Ham and the Premier League. The
Yorkshire side have hired an international firm of lawyers to assess whether
action can be taken following the Hammers' points deduction let-off a week
ago. Although an independent panel found them guilty on two charges of
transfer irregularities with regard to their signings of Carlos Tevez and
Javier Mascherano, they opted for a fine of £5.5million. The decision has
since provoked outrage among a number of clubs, in particular those fighting
against relegation like West Ham. Plc chairman Kevin McCabe set to work
within hours of the verdict being delivered by the commission last Friday in
order to protect the Blades in the event of possible relegation. Backing
McCabe, Warnock said: 'Each and every individual club has to look at it and
decide [what action to take] from within.
'If the club feels strongly then they should take it as far as they want to
- each and every one of them. 'As the chairman represents this club, I
support him. We all do, and I'm sure whatever will be, will be.'
On the decision to pursue a course of action against West Ham and the
Premier League McCabe said: 'There was no hanging around, no grass growing
around our feet. 'We took this course of action independently of anyone else
in an attempt to try to protect ourselves should we suffer as a consequence
of this bizarre decision. 'We have some excellent and reputable lawyers who
have already been looking at this matter for us for a week. 'Obviously we
hope that we don't suffer as a result, but we felt this needed to be done.'
Although acting 'independently', the other clubs involved in the relegation
scrap will be anxiously waiting to hear whether West Ham and the Premier
League have a case to answer. Hammers and Premier League officials will
undoubtedly argue there has been no precedent set as the current furore
surrounds third-party liability in the contracts of Tevez and Mascherano.
They will also indicate a points deduction was among a list of options open
to the panel as punishment, and not the sole option. In response, should the
clubs pursue legal action, they will make clear points penalties have been
issued before for seemingly far less serious offences. Middlesbrough were
deducted three points a decade ago for failing to fulfil a fixture as 16
players were either ill or injured, a judgment that condemned them to
relegation from the Premiership. Earlier this season, League Two Bury were
thrown out of the FA Cup for fielding an ineligible player, while AFC
Wimbledon suffered a worse fate for a similar offence in the FA Trophy. The
Isthmian League club were expelled from the competition, were initially
deducted 18 points that was reduced to three on appeal, and fined £400.
Simon Bourne-Arton QC, who headed the commission, also seemingly shot
himself in the foot last week with his explanation of their decision. One of
their seven observations was that a points sanction at this stage of the
season would have condemned the Hammers to certain relegation. They added a
different decision may well have been taken if the hearing had been in
January as a points deduction with four months of the season remaining
'would have been somewhat easier to bear'.
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Tevez finds that ignorance is bliss - Telegraph
By Oliver Brown
Last Updated: 1:54am BST 05/05/2007
West Ham's players were scything into each other with such abandon yesterday
that their training session had to be cut short. Say what you want about
tempered loyalties at this club, but the fall-out from last week's savage
punishment by the Premier League has clearly inspired a ferocious work ethic
- exemplified, fittingly, by the man caught in the backdraft of the public
relations firestorm, Carlos Tevez.
The Argentine's tentative grasp of English has distanced him from the
complex legal debate that his arrival in England provoked, and, as the
scrutiny has mounted, so has his state of blissful ignorance been preserved.
Almost routinely of late, Tevez has needed to be substituted, but only as a
result of his physical exhaustion. The one occasion when he lasted the
duration was the defeat to Sheffield United, which manager Alan Curbishley
ascribed largely to the striker's uncharacteristic lack of effort.
So, Tevez's commitment, even amid howls of protest at his place in the side,
appears undimmed. West Ham, having done their best to wrap him in a
protective blanket, would like to keep it that way, realising his flair
could yet help to engineer an unlikely -and, to many, unpalatable - escape
from relegation. "Carlos has put his lot in," Curbishley admitted. "He has
given the fans something to get behind, and one or two players have jumped
on that."
When this absurd pantomime of a season is over for West Ham, Curbishley will
doubtless feel much as he did when he departed Charlton - weary, emotionally
addled, in need of a holiday. But after the welter of negative publicity, he
also wants to feel like a Premiership manager again, and, for that reason,
he is proving remarkably adept at shielding his players from the off-field
circus.
Rarely ruffled, at least outwardly, Curbishley has peddled the kind of
measured rhetoric to reflect the man within. "We need to win the majority of
our games" has become such a refrain that he used it again yesterday, even
when there were only two games - Bolton and Manchester United - left. The
best antidote to mass hysteria, he seemed to reckon, was to project himself
as a model of consistency.
Speaking of image projection, the manager also had a galvanising word for
his chairman, Eggert Magnusson, who has tried to maintain a dignified
silence on the expensive misdeeds committed by West Ham's former regime.
"His support has been first-class, and I have urged him to come out a bit
more - to show supporters his knowledge of the game," Curbishley said. "The
supporters would appreciate it."
Perhaps Curbishley is simply drained by the exposure, restless for someone
else to head off the criticisms suffered by the Premiership's most
controversial club. It has been a tough time, playing the diplomat, and he
had to assume the same guise when confronted with the veiled threats of
legal action by West Ham's main rivals, Wigan and Sheffield United, over the
Premier League's failure to impose a points deduction. "You can understand
their views," he said. "I can see where they're coming from, but the
decision has been made."
The punishment of £5.5 million was, he conceded, a "stiff old fine", but the
imperative to move on with a victory over Bolton today eclipsed even a
flicker of emotion.
One factor in his favour is that he does, at last, have a settled side.
Bobby Zamora and Mark Noble have belatedly found some form, while Yossi
Benayoun has emerged as an able replacement for Lee Bowyer. Coupled with the
mercurial gifts of Tevez, this fragile semblance of stability - as
personified by Curbishley - could, come next weekend, be West Ham's
salvation.
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Fear for Tevez as Argentinian plays through pain barrier - This Is London
05.05.07
Carlos Tevez needs an injection to help him play through the pain for West
Ham on Saturday after spending the week in an oxygen tent in a bid to make
the crucial Premiership fixture with Bolton. Tevez on Friday night declared
himself fit after an ankle injury threatened to rule him out and a close
friend said: "He is desperate to play in this game. "He probably shouldn't
because the injury is sore, but after all the furore of the week and the
support of the West Ham fans, he will be there."
Tevez will collect the Player of the Year award at a packed Upton Park in
what could be his last home game for the club. Kia Joorabchian, the
businessman who owns Tevez, met the West Ham chairman Eggert Magnusson on
Friday to thrash out a deal. The source close to Tevez added: "He would play
on one leg for the West Ham fans. He wants to score a goal as a thank-you
because they have been behind him during this difficult time."
Tevez has been having daily sessions in the oxygen tent to speed up his
recovery from the injury, sustained during an intense training ground
session.
Marlon Harewood will be on the bench as a stand-by in case Tevez struggles
to complete the game. The controversy over the Tevez transfer looks set to
escalate after four of his club's relegation rivals last night made a pact
to fight the Premier League in the event that one is relegated instead of
the Hammers.
Officials from Fulham, Sheffield United, Charlton and Wigan gathered in the
Harrods offices of Mohamed Al Fayed and reached an agreement that will put
Premier League officials under enormous pressure. Incensed by the
Independent Premier League Commission's decision not to dock West Ham points
for a serious breach of the rules earlier this season, the clubs agreed to
fire off a three-page warning that they will take legal action against the
Premier League unless the transfer is re-investigated.
Meanwhile, West Ham boss Alan Curbishley revealed his men were so pumped up
ahead of Saturday's clash he had to call a halt to the training session in
which Tevez was injured. Curbishley said: "We had to cut short the training
because it was a bit lively. One or two of them got a knock, dead legs, so
we stopped that session. "It was quite a small area and there were a couple
of tackles flying in. It's happened before. It was just a high-tempo
session. "I've never criticised the players for their training. That has
never been a problem. It's been about transporting it on to the pitch.
"After we lost the Tottenham game, the penny dropped for one or two of us.
Our work-rate has been upped. "The tempo has been upped and individually
the players have worked harder. You do find some luck when that happens.
It's amazing really."
Curbishley knows that for all the spirit that has been in evidence during a
run of five wins in seven games, it will all count for nothing if Bolton are
not sent away pointless from Upton Park on Saturday or if there is surrender
at Manchester United next weekend.
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