Out of Court Settlement - Yes Please!

The Daily Mail yesterday reported that an out of court settlement with Sheffield could be in the making.


I've been waiting for that story to emerge for some time since it makes perfect sense that both parties, at this time, would like to have this settled and to stop the uncertainty.
There is no doubt in my mind that talks like these are ongoing, but to keep the pressure on the other team and to cover for a "no deal scenario" the other, official, routes must be proceeded.

Here are some reasons for Sheffield to go for an out of court settlement:

1. West Ham will drag this "case" to every legal body thinkable and then some, we've shown our determination to do so already. The new Tribunals verdict (the amount to be payed) will of course also be appealed against to all instances, dragging this painful story into and maybe beyond the summer transfer window. If Sheffield are promoted, money would be a great boost for their bid to stay in the premiership. A decent sum now may also enable them to bolster their squad already in the January transfer window, increasing the chances of a promotion.

2. There is still an outside chance that this can be taken to CAS and that possibility may persuade Sheffield to accept a lower "payoff", instead of risking it all.

3. There is the chance/risk that the new Tribunal will come up with a very low sum for West Ham to pay, and that may also be a reason for Sheffield to settle for something less than their original bid, just to secure as much as possible. A bird in the hand is worth two in the bush.


A knee jerk reflex would be to say that "we owe those **** nothing so we should pay them nothing"! But let's look at some reasons for West Ham to take a lesser blow now:

1. The uncertainty of this issue is most likely a big stumbling block for the sale of the club. Any potential buyer would like this sorted before agreeing on a takeover price, and I want this club sold as much as BG does!

2. A potential payoff would be reflected in the price of the Club, so the money is gone for BG any way you see it. To let this affect the takeover now, for a profit in the summer when he is not around is just not in his interest.

3. In analogy to the Sheffield point number 2 and 3 above, there is good a chance that CAS will never handle this and that the Tribunal will come to the conclusion that the absurd £50 m claim is justified. I mean this bunch have come to some mind boggling conclusions already, do we really want this in their hands?

4. To drag this around the legal system costs us money! If this would drag on until the summer, the fees for Maurice and his lot will not be counted in thousands...

5. The players need to be reassured that there is a financially viable future at the club, otherwise those we would like to stay may start to jump ship at first chance.

But what is the amount that is the highest amount West Ham would find agreeable, and what is the lowest Sheffield would consider?

Let's hope they overlap!

Does this appeal to you?

We have now appealed to the High Court over the High Court decision to grant the injunction of an appeal to CAS on the Arbitration Panel ruling that favor the Sheffield appeal over the Tevez soap - or something.

Still with me? No? Study previous blog entries HERE

This means (I think) that the High Court will now decide the future of this injunction/CAS appeal, come January. So there will be no CAS-case until then (if ever).

My first reaction was to wonder if it was in our best interest to keep the uncertainty about this alive. But since the new_"Tribunal+" will not come up with their verdict on how much, if anything, West Ham is to throw at Sheffield, until March, it really doesn’t change anything.

At least the legal team led by Maurice_Watkins gets to play another day.

Sheffield will get nothing! (At least not until mid-March)

First a small recapitulation on the basics of this never ending story:
A Tribunal, also called “Football Association Arbitration Hearing”, headed by Lord Griffiths, ruled that West Ham were to compensate Sheffield for using Carlos Tevez even though he was owned by a third party during the 06/07 campaign. (Please don’t get on my back for the simplification)

Now, at a directors hearing yesterday it was concluded that the process of determining the amount of this compensation, should start. This new group made up by the original members of the tribunal plus and representatives for the clubs, are to present a conclusion, or a verdict if you wish, in mid-March.

How this is to proceed and undertaken is still unsettled and are to be discussed by the clubs.

One of the things that did come out of this hearing was that West Ham are awarded the right to go through the books of Sheffield United. This of course to enable West Ham to challenge the claim of £30 or £50 million pounds Sheffield has presented.

Thanks to "Bml04" on the KUMB forum for turning my attention to the article!

More waiting, more uncertainty!

Today a verdict on whether the Sheffield attempt to stop West Ham from appealing to CAS was to be presented.
However, according to BBC, the Judge in charge of the hearing, Mr Justice Teare, will consider the evidence presented by the parties and will hand down a judgement at some time before Christmas.

The interesting thing is that this can be settled allready in November when CAS is due to present their own view on if this is a question were they think they have jurisdiction.
Have I lost you yet? Can’t blame you if I have, see the summary below.

Also expected today was the release of the reasons behind the Arbitration Panels conclusion on the Tevez matter (see previous posts labeled CAS). This would obviously have an impact on whether CAS wants to handle this issue or not. I’m confused about whether this ruling is also due “before Christmas” and if that is the case I can't see CAS wanting to jump to any conclusions.

In parallel to the CAS and High Court considerations, separate hearings will now take place were the guidelines for how to determine the damages that should be awarded Sheffield, if they end up winning all this. Representatives from the clubs as well as the 3 original members (OG’s?) from the arbitration panel will be involved in these hearings.

To sum it up: CAS will say if they want to handle the feud between West Ham and Sheffield over the Tevez deal by end of November, but even if they want to, we will still have to wait until some time before Christmas before the High Court will say that it’s OK for CAS to have a go at it.
In the meantime another group will set up the rules for how to determine how much money West Ham should pay Sheffield, if it comes to that.

This is good news in the sense that it's by no means clear that Sheffield have won this latest fight, however, it also keeps us in limbo land and I doubt that any Club buyers would like to have a £50 million uncertainty to come with the purchase.
I was hoping that today's hearing would give some kind of hint on were this was going.

Is common sense too much to ask?

Two cases of £30M+ importance are being heard in the High Court today.

West Ham will try to get the the Football Association Arbitration Hearing (that ruled against us on the Tevez Saga) to present the reasons and background for their decision.
This sounds like a reasonable request in a western democracy, but I don't have much hope.

The second case is on the so called injunction Sheffield filed.
That is, whether we have the right to take this issue to the Court of Arbitration for Sports (CAS) or not.

This is yet another question of turning and twisting the wordings in rules, regulations and laws, to make them fit your purpose.

Time for high profile solicitor Maurice Watkins, leader of our legal side, to step up and show that he is worth our trust and money!
Click HERE for some more on Watkins.

It's so sad to be as naive as I am, hoping for common sense to prevail.

EDIT:

Hearing will continue Tuesday.

CAS: We got the letter...

The Court of Arbitration for Sport (CAS) has said that it might consider West Ham United's appeal.The court said, however, that it would first have to decide if it had jurisdiction to intervene in the matter.

So what they basically said, in a less dramatic, less catchy way was “We got their letter but we haven’t really looked at it yet...”

Arbitration and financial crisis

Things seems to conspire against our beloved club at the moment. It looks like we´re going from bad to worse. Not only do we have the whole Tevez-saga looming over the club since a year and a half. Now we also have to deal with the crise that´s hit the western world were it hurts the most, in the wallet. Iceland seems to be the worst hit country of them all and ofcourse that´s our owners origin. Rumours have it that Mr Gudmundsson will be forced to sell all his non-domestic interests in order to reduce the losses incurred by the collapse of his bank. This might happen sooner rather than later.

Regarding the Sheffield United claim vs. West Ham. The latest twist to the saga seems to be that Sheffield United refused West Hams wish to take it to the CAS to once and for all get a verdict (maybe they´re affraid of something?). Now the CAS have given Sheffield United until today to come up with reasons why this shouldn´t be examined by them. West Ham have allready supplied the CAS with their documentation regarding why they should get the opportunity to a hearing. The strongest claim Sheffield United seems to come up with is that it´s not an FA-matter and what if it´s not?

I read a little piece regarding this written by a fellow supporter this morning. A piece that makes perfect sense to me.

"If - as they claim - the CAS have no jurisdiction because it is not an FA matter, then surely we are free to just let this run through the legalsystem? We could let them take us to court for failure to pay and then we can challenge the judgement through the courts. Clearly if it's not an FA matter as Sheffield United state, then the FA shouldn't care? And if the FA do care, it becomes an FA matter and so the CAS is the correct body to deal with it."

New Team Captain!

West Ham have apparently hired high profile solicitor Maurice Watkins as leader of our legal side in the quest of getting the Court of Arbitration for Sport to rectify the verdict of the of the Football Association Arbitration Hearing in the continuous story of Sheffield and Tevez.

Watkins have represented players and clubs before FIFA and UEFA tribunals and overseen countless big-money transfers during his time at Old Trafford as well as represented players and clubs at the Court of Arbitration for Sports and international and league compensation tribunals.

According to “Wiki” Maurice currently occupies these positions:

* Director of Manchester United Football Club Limited
* Company Secretary for MUTV (Manchester United Television)
* Director of the British Association for Sport and Law (Former President & Chairman)
* Member of the FA Legal Working party
* FA representative on the Association of European Union Premier Professional Leagues (EPFL)
* Member of Working Group for Financial Matters of the FIFA Task Force "For the Good of the Game"
* Member of the FIFA Decision of the Dispute Resolution Chamber
* Non-Executive Director for the Rugby Football League
* Regional Chairman for Coutts Bank
* Trustee of the Professional Footballers Pension Scheme
* Appeal Chairman of the New Children’s Hospital Appeal
* Governor of Manchester Grammar School (!)

- and he famously defended a certain famous French “flip-up collar” player (not the only thing flipped with this remarkable personality) after his almost as famous flying kick on a somewhat less famous Crystal Palace supporter in ’95.

Looking at this list it seems lik he knows his way around European sports law and authorities, have a busy schedule and a split personality - and doesn't come cheap! However, a person that know these territories will be extremely important for the outcome.

Having Watkins “on loan” from ManUre could be the most important signing since Steve Clarke, and Watkins team could play as an important part of the Club future as any we field on a pitch.

As this is still a rumor, I am afraid that it may be a bit too good to be true. But if it is, I am very pleased that he will be in our colours during the CAS (and presumably "FA damages") hearings.

Edit: 2009-09-26 CAS says that the appeal cannot be heard without the agreement of Sheffield United. My money is on SU not agreeing - wanna bet?
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