West ham lose legal battle - Facing £30million pay out!
Posted: Tue Sep 23, 2008 1:58 amEXCLUSIVE: Hammered! West Ham facing £30m payout as Sheffield United win legal battle
By Chris Wheeler Last updated at 12:07 AM on 23rd September 2008
West Ham are faced with having to pay a crippling £30million in damages to Sheffield United after an independent tribunal ruled against them over the Carlos Tevez affair.
Fears that the decision was imminent are believed to be behind a fire sale of players at Upton Park this summer that led to the departure of disillusioned manager Alan Curbishley.
A compensation figure has yet to be set, but Sportsmail can reveal Sheffield United are demanding £30,396,897.32 after they were relegated from the Barclays Premier League at the end of the 2006-07 season and a Tevez-inspired West Ham stayed up.
The tribunal's decision is based on the fact that Tevez - who had been registered illegally - was worth at least three points to West Ham in the relegation battle.
As a result of losing their Premier League status, Sheffield United claim they lost out on £21,788,795.
Most of that figure is made up of television and merchandising rights, as well as bonus payments for finishing higher up the table.
The Yorkshire club also claim they lost £4m from Phil Jagielka's transfer to Everton that summer.
They valued the defender at £8m but a release clause in Jagielka's contract stipulated that he would be allowed to leave if they were relegated and another club offered £4m, as Everton did.
Offloaded: Ljungberg
Sold: McCartney
Gone: Ferdinand
The rest of the claim for damages is based on season ticket sales, sponsorship, catering, club merchandising and 'lost business opportunities'.
West Ham may now be forced to make an unprecedented multimillion pound pay-out, which explains why they were prepared to sacrifice so many players this summer.
As well as handing Freddie Ljungberg a £6m pay-off, the club sold Bobby Zamora to London rivals Fulham, while Anton Ferdinand and George McCartney went to Sunderland against Curbishley's wishes, causing the manager to depart in protest earlier this month.
They also got John Pantsil, Richard Wright and Nobby Solano off the wage bill.
And it is believed as many as seven more top players were secretly made available, with Dean Ashton, Craig Bellamy and Scott Parker all up for grabs at the right price.
Some will argue that West Ham are getting their comeuppance after escaping lightly in the first place.
The Hammers were originally fined a record £5.5m by a Premier League panel in April 2007 for breaking transfer rules - including withholding vital documentation - over the signing of Argentine duo Tevez and Javier Masherano.
But the panel crucially decided not to deduct points that would have almost certainly condemned the club to relegation.
Tevez was cleared to play on and helped West Ham survive on the last day of the season at Sheffield United's expense.
West Ham finished on 41 points, compared to third-from-bottom United who had 38 points, but a superior goal difference.
Now the tribunal, chaired by Lord Griffiths, has decided in Sheffield's favour and are expected to reveal their findings today.
The judgment reads: 'On the totality of the evidence, we have no doubt that West Ham would have secured at least three fewer points over the 2006-07 season if Carlos Tevez had not been playing for the club.
'Indeed, we think it more likely than not on the evidence that we heard, that even over the final two games of the season, West Ham would have achieved at least three points less overall without Mr Tevez. He played outstandingly well in the two wins that West Ham secured in those last two games.'
Because both clubs and the FA agreed to the tribunal, it is not yet clear if West Ham have any right of appeal.
They have been found guilty of breaking Premier League rules B13 and U18. Rule B13 states: 'In all matters and transactions related to the League, each club shall behave towards each other club and the League with the utmost good faith.'
Rule U18 concerns the issue of third party ownership, which West ham breached by signing Tevez and Mascherano when they were part owned by Media Sports Investment.
The rule states: 'No club shall enter into a contract which enables any other party to that contract to acquire the ability materially to influence its policies or the performance of its team.'
By Chris Wheeler Last updated at 12:07 AM on 23rd September 2008
West Ham are faced with having to pay a crippling £30million in damages to Sheffield United after an independent tribunal ruled against them over the Carlos Tevez affair.
Fears that the decision was imminent are believed to be behind a fire sale of players at Upton Park this summer that led to the departure of disillusioned manager Alan Curbishley.
A compensation figure has yet to be set, but Sportsmail can reveal Sheffield United are demanding £30,396,897.32 after they were relegated from the Barclays Premier League at the end of the 2006-07 season and a Tevez-inspired West Ham stayed up.
The tribunal's decision is based on the fact that Tevez - who had been registered illegally - was worth at least three points to West Ham in the relegation battle.
As a result of losing their Premier League status, Sheffield United claim they lost out on £21,788,795.
Most of that figure is made up of television and merchandising rights, as well as bonus payments for finishing higher up the table.
The Yorkshire club also claim they lost £4m from Phil Jagielka's transfer to Everton that summer.
They valued the defender at £8m but a release clause in Jagielka's contract stipulated that he would be allowed to leave if they were relegated and another club offered £4m, as Everton did.
Offloaded: Ljungberg
Sold: McCartney
Gone: Ferdinand
The rest of the claim for damages is based on season ticket sales, sponsorship, catering, club merchandising and 'lost business opportunities'.
West Ham may now be forced to make an unprecedented multimillion pound pay-out, which explains why they were prepared to sacrifice so many players this summer.
As well as handing Freddie Ljungberg a £6m pay-off, the club sold Bobby Zamora to London rivals Fulham, while Anton Ferdinand and George McCartney went to Sunderland against Curbishley's wishes, causing the manager to depart in protest earlier this month.
They also got John Pantsil, Richard Wright and Nobby Solano off the wage bill.
And it is believed as many as seven more top players were secretly made available, with Dean Ashton, Craig Bellamy and Scott Parker all up for grabs at the right price.
Some will argue that West Ham are getting their comeuppance after escaping lightly in the first place.
The Hammers were originally fined a record £5.5m by a Premier League panel in April 2007 for breaking transfer rules - including withholding vital documentation - over the signing of Argentine duo Tevez and Javier Masherano.
But the panel crucially decided not to deduct points that would have almost certainly condemned the club to relegation.
Tevez was cleared to play on and helped West Ham survive on the last day of the season at Sheffield United's expense.
West Ham finished on 41 points, compared to third-from-bottom United who had 38 points, but a superior goal difference.
Now the tribunal, chaired by Lord Griffiths, has decided in Sheffield's favour and are expected to reveal their findings today.
The judgment reads: 'On the totality of the evidence, we have no doubt that West Ham would have secured at least three fewer points over the 2006-07 season if Carlos Tevez had not been playing for the club.
'Indeed, we think it more likely than not on the evidence that we heard, that even over the final two games of the season, West Ham would have achieved at least three points less overall without Mr Tevez. He played outstandingly well in the two wins that West Ham secured in those last two games.'
Because both clubs and the FA agreed to the tribunal, it is not yet clear if West Ham have any right of appeal.
They have been found guilty of breaking Premier League rules B13 and U18. Rule B13 states: 'In all matters and transactions related to the League, each club shall behave towards each other club and the League with the utmost good faith.'
Rule U18 concerns the issue of third party ownership, which West ham breached by signing Tevez and Mascherano when they were part owned by Media Sports Investment.
The rule states: 'No club shall enter into a contract which enables any other party to that contract to acquire the ability materially to influence its policies or the performance of its team.'
. He's a great player. He's hardly Usane Bolt, but he'd definitely add something new to our attack. And as for him always being injured... um... Michael Owen...?