£30m Tevez affair claim - Daily Mail
By Sportsmail Reporter
Last updated at 12:49 PM on 26th September 2008
West Ham's fight against Sheffield United's £30million compensation claim in
the Carlos Tevez affair has suffered a serious blow. The London club were
hoping to lodge a 'statement of appeal' with the Court of Arbitration for
Sport in Lausanne, yet the court in Switzerland now says it will be unable
to hear the case. Its secretary general, Mathieu Reeb, told the BBC: 'As
things stand, CAS would not be able to hear this case. 'We would need
agreement from Sheffield United and for Football Association rules to allow
an appeal to CAS.' Sheffield United would never submit to an appeal that
might overturn the decision of the independent tribunal. And FA rules
stipulate that there can be no appeal from the verdict of an independent
tribunal. Rule K5c states that clubs entering into arbitration 'shall be
deemed to have waived irrevocably any right to appeal, review or any
recourse to a court of law". West Ham, who have co-opted Manchester United
legal expert Maurice Watkins to advise in their legal fight, insist that the
club are currently 'drafting a statement of appeal' to CAS. The independent
tribunal, whose verdict has been exclusively published online by Sportsmail,
ruled that Tevez was not eligible to play at the end of the 2006-07 season
and played a key role in West Ham's Premiership survival.
Sheffield United, who were relegated, are claiming more than £30m in
compensation from the London club. In addition 10 of the Sheffield players
who were relegated have announced plans to sue West Ham for loss of
earnings. The tribunal have deferred a decision on the amount of
compensation to be paid until early next year.
West Ham said in a statement earlier this week: 'While we respect the
judgement of the arbitration panel, we do not accept that one player's
contribution can be placed over that of the team as a whole nor used as the
basis for judging the results of a 38-game season. 'This ruling undermines
the significant efforts of our entire playing squad and coaching staff over
the duration of the 2006-07 Premier League season and does not take
sufficient account of the performances of the other 19 clubs in the
competition. 'We acknowledge again that the club broke Premier League rules
in the original signing of Carlos Tevez but we were dealt with accordingly
by an independent Premier League commission and accepted the significant
punishment handed down at that time. 'In light of this and the wider
implications of this latest ruling for English football we have decided to
ask that the case be considered by the Court of Arbitration for Sport.'
West Ham were found guilty last April of acting improperly and withholding
vital documentation over the ownership of Argentina internationals Tevez and
Javier Mascherano, whom they signed in 2006. A three-man Premier League
arbitration panel fined the club £5.5m, but did not deduct any points, and
they survived relegation on the final day, as Tevez scored the winner at Old
Trafford against Manchester United.
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PREMIER LEAGUE - FULHAM v WEST HAM - FA CONDEMN HAMMERS APPEAL -
CmonBoro.com
Football Association chairman Lord Triesman has criticised West Ham for
appealing against an independent tribunal which ruled against them over the
Carlos Tevez affair. A Premier League arbitration panel found West Ham
guilty of breaking league rules over the transfers of Tevez and Javier
Mascherano in April 2007. The league fined The Hammers £5.5million but
decided not to deduct points, and the club went on to escape relegation at
Sheffield United's expense. Tevez played a major role in West Ham's
miraculous end of season form which saved them; a turn of events that
infuriated Sheffield United. The Blades have continued their battle against
West Ham and an independent FA tribunal ruled in their favour earlier this
week, which means the London club could be liable to pay as much as
£30million compensation. However, The Hammers have reacted by confirming
they are planning to appeal the decision at the Court of Arbitration for
Sport in Switzerland.
But Triesman is not happy that West Ham are to appeal the latest ruling. "If
it is going to go through the courts it is going to drag on, and on, and
on," he told Sky Sports News. "I never cease to be amazed about the ability
of lawyers to argue about these things and that is peoples' right of course
- but I think it would be much simpler for people to observe the rules of
football. "The FA is a pretty decent regulatory body and there is no reason
why a very big club shouldn't feel that it should regard those rules too."
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Hammers suffer double blow over Tevez affair - Echo
2:23pm Friday 26th September 2008
WEST HAM have suffered a double blow today over the Carlos Tevez affair with
a big payout now seeming unavoidable and potentially greater than first
feared.
The Hammers face forking out a huge £30 million compensation bill to
Sheffield united after the tribunal ruled that Tevez - signed on an illegal
"third-party" contract in August 2006 - had played an influential role in
helping the Londoners stay in the Premier League at the Blades' expense in
2006/07. And reports this morning suggest that at least ten Sheffield United
players involved in that relegation are seeking legal advice with a view to
sue the Hammers. Lawyer Chris Farnell confirmed with the Yorkshire Post:
"I've been contacted by various players with a view to looking at this claim
but at this stage I can say no more." Past and present players have held
discussions with Farnell, of the Manchester-based firm IPS Law, and it is
understood they could claim for lost earnings due to the relegation. And
that threatens to run into millions of pounds in compensation. The Irons had
hoped to appeal against the tribunal decision to the Swiss-based Court of
Arbitration in Sport (CAS), with aclub statemt saying: "While we respect the
judgement of the arbitration panel, we do not accept that one player's
contribution can be placed over that of the team as a whole nor used as the
basis for judging the results of a 38-game season."
However, CAS secretary general Mathieu Reeb has told the BBC that the
organisation would not be able to hear the Irons' case. "As things stand,
CAS would not be able to hear this case," said Reeb. "We would need
agreement from Sheffield United and for Football Association rules to allow
an appeal to CAS." With Sheffield United almost certain to refuse to agree
to an appeal that could cost them tens of millions of pounds, the tribunal's
decision looks set to stand. In addition, the Football Association has a
rule in place stipulating that appeal cannot be made against the verdict of
an independent tribunal. FA Rule K5c states that by signing up to
arbitration "the parties shall be deemed to have waived irrevocably any
right to appeal, review or any recourse to a court of law".
West Ham and Sheffield United agreed to the make-up of the independent
three-man panel that decided last Friday to award the Blades compensation. A
final figure will be decided at a damages hearing in early 2009. The East
Enders were initially fined £5.5million in April 2007 by a Premier League
arbitration panel after admitting to breaking two league rules concerning
the "third-party" signings of Tevez and Javier Mascherano in August 2006.
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