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Guilty As Sin

hellava_tough

Well-Known Member
Apr 21, 2005
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Interesting how this keeps coming up in the broadsheets - it's slowly ticking over in the background.

I wonder what will become of it?
 

al_pacino

woo
Feb 2, 2005
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4,112
On the footy side I think it's done and dusted. But if Sheffield United take this to a civil proceeding, they might just take the Spammers for a fortune!

But it wont get anywhere near the £30 million+ that PL football gives.
 

hellava_tough

Well-Known Member
Apr 21, 2005
9,429
12,383
But it wont get anywhere near the £30 million+ that PL football gives.


I wouldn't be so sure.

If, and that's a big 'if', Sheff Utd won a civil case against West Ham, they would be entitled to damages equalling the amount that they lost from being relegated. This could even be greater than £30million, depending on how far into the future the court gives their ruling.

If this was the case, then I'm sure West Ham would settle out of court for a smaller amount; unless, of course, Sheff Utd wished to take it all the way through the courts to publically make their point.
 

hellava_tough

Well-Known Member
Apr 21, 2005
9,429
12,383
I wouldn't be so sure.

If, and that's a big 'if', Sheff Utd won a civil case against West Ham, they would be entitled to damages equalling the amount that they lost from being relegated. This could even be greater than £30million, depending on how far into the future the court gives their ruling.

If this was the case, then I'm sure West Ham would settle out of court for a smaller amount; unless, of course, Sheff Utd wished to take it all the way through the courts to publically make their point.

I've just checked with a few friends of mine who are lawyers and it seems I was way off the mark.

They said that Sheff Utd wouldn't be able to take a civil action against West Ham, because the two clubs have no binding contract; in effect they've never had any contractual agreement on anything, so neither can be accused of breaching a contract.

Sheff Utd could, in theory, take a civil action against the Premiership, but it is more than likely that the Premiership have guarded against this; any club that plays in the Premiership would probably have to sign a contract saying that they abide by the Premiership's rulings on matters on and off the pitch, etc. Since West Ham have already been fined by the Premiership (or was it the FA?) then Sheff Utd would have to accept this as punishment enough.

One final point though!

Sports litigation is still a developing area of law, with many precedents still to be set. All of what I've written above could be disgarded by any judge, and replaced with something he deems fair for all parties.

It's quite amusing to think that an old, and rather stuffy judge, who knows nothing about football, could set a precedent that causes complete chaos within the game (e.g. ruling that Sheff Utd should be reinstated into the Premiership, but West Ham should retain their Premiership place, thus creating 21 teams in the Premiership).

Unlikely, but an amusing concept, nonetheless.
 
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