You're getting a lawsuit

Discussion in 'West Ham United' started by PsychedelicCeltic, Aug 16, 2007.

  1. PsychedelicCeltic

    PsychedelicCeltic New Member

    Dec 10, 2003
    San Francisco/London
    from the Guardian newspaper


    BREAKING NEWS: Sheffield Utd plan to sue West Ham for the cost of relegation from the Premier League. More soon ...
     
  2. norwaytips

    norwaytips Member

    Oct 4, 2004
    Oslo, Norway
    Club:
    West Ham United FC
    Nat'l Team:
    England
    He he. LMFAO. Great news. I'm looking forward to it. they've lost every move so far, so I have a feeling that this will be game set and match. :D
     
  3. west_ham

    west_ham Member

    Oct 3, 2004
    Peterlee, Co. Durham
    Club:
    West Ham United FC
    Nat'l Team:
    Scotland
    It's true that the tendency is to care less and less about this whole thing as time marches on.

    The reason why Sheff Utd's case (or lack of it) has been doomed to fail up until now is not because the PL said so but that it has been built almost entirely on their own opinion of what happened instead of the facts.

    However, as I has maintained throughout this whole affair, Sheff Utd are only in it for the money and now they have reached that stage I wonder if they may up the ante a bit, starting with looking at producing some facts within their case.

    The first sign of this has already come forward in the form of them claiming they have new evidence about West Ham's termination of Tevez's contract.

    So as much as I would love to play this down and claim that it will be yet another failed attempt, alarm bells are ringing just slightly as I know that money will be a greater motivator with McCabe than 'integrity in the game' ever was.
     
  4. Birminghammer

    Birminghammer New Member

    Jun 19, 2005
    Wiltshire, England
    Club:
    West Ham United FC
    Click Here for the BBC article

    So where does this leave the EPL with regard to FIFA, who threatened to expell any English side from the Champions League and expell the England national side from international competition, should any club involve the law courts rather than working through their respective Football Association?
     
  5. 15woodcroft

    15woodcroft Member

    Oct 6, 2004
    Toronto
    Club:
    West Ham United FC
    The article says blades are seeking West Ham's agreement to go to arbitration through the FA, so I'm not sure if they are referring to a private arbitration or one through the regular courts.

    If through the regular courts, (I'm not sure about an FA process, but likely the principal will be the same) then the suit will be decided on the basis of probability. Blades will have to convince the arbitrator that if West Ham hadn't had Tevez in the side they would have been relegated and blades not. That's a hard push. Especially considering the points lead the blades had AND the fact that they beat West Ham with Tevez in the side late in the season.

    The supposed explosive document is dated Dec 1, 2006. Well then that would likely be the agreement Eggert forwarded to KIa about selling the players in the summer for 100k. That document was never executed so has about as much relevance as a used tissue.

    There seems to be some confusion regarding the importance of the "res judicata" or judicial reasoning given by the original arbitration panel. They apparently took into consideration that the club was under new ownership, the fans, etc. This doesn't mean anything. Norway's brother will attest to the fact that as long as the ruling is consistent with law, the rationale expressed by the judge has less weight. And the panels ruling has been upheld twice now I believe.

    Finally, as I see it this course of action has two purposes for the blades. Firstly, it gets them some money assuming West Ham decide to settle and pay them to go away (a much reduced sum I would think from 30-50mil) and then allow the blades to claim that they had West Ham over a barrel and the proof is that West Ham settled.

    I don't think for a moment Eggy will settle. McBaby seems to believe he can get things without putting in the effort (like payouts; prem points) so if I'm Eggy I tell him... you don't have a leg to stand on you old fool so if you want some money? Earn it this time you ugly *&^%!!! :D
     
  6. west_ham

    west_ham Member

    Oct 3, 2004
    Peterlee, Co. Durham
    Club:
    West Ham United FC
    Nat'l Team:
    Scotland
  7. BusbyBabes

    BusbyBabes New Member

    Jun 30, 2007
    Up North
    Club:
    Manchester United FC
    Nat'l Team:
    England
    Well I have just listened to a sports lawyer called Mel Goldberg who does seem to know his stuff and he states that Sheff U have a strong case.

    This was coming when the settlement with Joorabchian happened.

    Joorabchian will enjoy seeing WH taken to the court.
     
  8. west_ham

    west_ham Member

    Oct 3, 2004
    Peterlee, Co. Durham
    Club:
    West Ham United FC
    Nat'l Team:
    Scotland
    This document needs to be one heck of a piece of evidence to prove that Tevez should not have played in those last three matches. I am no expert but I can't help but ask if this one document is enough?

    Joorabchian has no business enjoying seeing us go to court. He nearly stuffed our club up completely by insisting on the illegal contract clauses and when that didn't work he expected us to drop ourselves in it when selling Tevez just so he could get his millions. We were protecting our club by taking that stance, not trying to get ourselves £30m for nothing.

    Good luck dealing with this guy BusbyBabes. You should hope that ManU's lawyers are better than our's because you may have all this to come if the fickle Kia moves Tevez's goalposts again.
     
  9. BusbyBabes

    BusbyBabes New Member

    Jun 30, 2007
    Up North
    Club:
    Manchester United FC
    Nat'l Team:
    England
    1)I think KJ will like it because he had wanted to buy the club and as you stated he is unscrupulous. Also because Terence Brown supposedly went behind his back to negoiate with EM.

    2)He will be in the news very often because he owns half of Manuel Fernandes who is moving to Everton.

    3)He can have no influence in trying to get Tevez to go to another club for two years which WH did not have.

    4)That document was shown by the KJ lawyers when they were preparing to open the courtcase and to have brought it to the intention of the court means it must have been significent.
     
  10. west_ham

    west_ham Member

    Oct 3, 2004
    Peterlee, Co. Durham
    Club:
    West Ham United FC
    Nat'l Team:
    Scotland
    Can you elaborate on this a bit? Are you saying that Kia has a contractual agreement with ManU to not move Tevez anywhere until the initial 2 year loan deal is up?

    Significant to the case of moving Tevez from West Ham for £100k maybe (bare in mind here that Kia didn't take this evidence to court but preferred the out of court settlement). The question is is it significant evidence in proving that Tevez shouldn't have played those final three games?

    As fans we only have a skeleton of facts so we are left to surmise in order to put flesh on the bones. The real details we will probably never get to find out.
     
  11. BusbyBabes

    BusbyBabes New Member

    Jun 30, 2007
    Up North
    Club:
    Manchester United FC
    Nat'l Team:
    England
    Only the club can decide if they want to keep Tevez during the two-years and after not KJ. They have first option on Tevez and can buy him during the two-years for a set fee.
     
  12. hammer_scout51

    hammer_scout51 New Member

    Oct 19, 2004
    Well it seems like we are going to sue Sheff Untd. I've just read that Sheff Untd don't have much of a case. Which is my understanding and it will be interesting to see the outcome. I'm sure we'll get a visit soon from the most ill informed poster on the internet.

    From the official Site




    West Ham United is extremely disappointed that Sheffield United has seen fit to embark on this latest desperate action. Not only does Sheffield United's claim lack legal merit, but it is also based on Sheffield United's incorrect belief that West Ham United withheld an agreement from the Premier League and the April Disciplinary Commission.

    In fact, long before the disciplinary hearing, West Ham United made the Premier League fully aware of the existence and status of the agreement in question. This agreement was then included in the documentation produced for the Disciplinary Commission who were therefore also aware of its existence throughout the proceedings.

    Sheffield United's latest assertions clearly demonstrate a fundamental misunderstanding of the situation and any proceedings brought by them will be vigorously defended by West Ham United.

    In the meantime, West Ham United and its new owners will not permit these repeated slurs to go unchallenged and are in discussions with their legal advisers in relation to the action they might take.
     
  13. 15woodcroft

    15woodcroft Member

    Oct 6, 2004
    Toronto
    Club:
    West Ham United FC
    Care to elaborate on that strong case argument? No, I didn't think so.

    QUOTE from TeamTalk article:

    ...But sports litigation expert Peter Coyle says he does not believe Sheffield United have much of a case.

    "I think they are on a hiding to nothing," said Coyle, a partner of the firm Coyle White Devine. "Proving West Ham have breached their duty of good faith is easy enough because they have admitted to breaking the rules, but to prove that has been the main cause of their (Sheffield United's) relegation is incredibly difficult to do.

    "Sheffield United didn't beat Wigan on the last game of the season. That to me is a bigger reason for their relegation than Tevez, West Ham or anything else.

    "It is difficult to advise people to drop anything worth £50million but legally I would be struggling to find a justification to say to Sheffield United 'let's keep banging on'."

    Ask two lawyers an opinion and you'll get three answers...

    :D

    Only problem with this thread is it will bring out all the trolls again... (as we've already seen) :rolleyes:
     
  14. TheNewOrleansHammer

    TheNewOrleansHammer New Member

    Oct 5, 2004
    New Orleans
    That is a miss quote....... Suck ass united failed to draw at home to Wigan on the last day of the season, thats what you ment..... right?????


    My new second team, the mighty Sheff Wed, were singing 'bubbles' tonight. You've got to love that.

    COME ON YOU IRONS!!!!!!!!!
     
  15. 15woodcroft

    15woodcroft Member

    Oct 6, 2004
    Toronto
    Club:
    West Ham United FC
    I heard that too NOH... pissed myself laughing. Now I'm hoping they do a double over their whinging neighbours AND get promoted to boot.
     
  16. BusbyBabes

    BusbyBabes New Member

    Jun 30, 2007
    Up North
    Club:
    Manchester United FC
    Nat'l Team:
    England
    That is a bit harsh as that is what I heard but everything he has said has come to pass so dont shoot the messenger.

    Apart from WH fans most fans in England believe that WH did wrong and should punished more. If WH are going to sue SU for repeated sullying of their name is rediculous because most newspapers have done it.
     
  17. norwaytips

    norwaytips Member

    Oct 4, 2004
    Oslo, Norway
    Club:
    West Ham United FC
    Nat'l Team:
    England
    I spoke to my brother, who as some of you know, has a very good contact at West Ham.

    He tells me that West Ham are so sure that they are right and that Sheffield have no case whatsoever, that they are prepared to go as far as it takes in this case. He was told that West Ham have shown every document to the PL and that there is no new evidence at all.

    He also said that, even if West Ham had a secret document, it would be impossible to prove that this was a contributory factor in Sheffield's relegation.
     
  18. Footstomper

    Footstomper New Member

    Oct 4, 2004
    Frederick MD
    Club:
    West Ham United FC
    Nat'l Team:
    England
    Hasnt this already been settled by every competent body? Hasnt a judgement been reached and a punishment handed out? What the hell is going on?
     
  19. BusbyBabes

    BusbyBabes New Member

    Jun 30, 2007
    Up North
    Club:
    Manchester United FC
    Nat'l Team:
    England
    If they were that competent then WH would have had points deducted but they did not.

    WH are being sued for 50 million-the cost of relegation and for missing out on the new TV money.
     
  20. Footstomper

    Footstomper New Member

    Oct 4, 2004
    Frederick MD
    Club:
    West Ham United FC
    Nat'l Team:
    England
    Maybe I'm being dense. It seems to be that puishment was meted out. If one disagrees with that judgement. So what? In anycase it wasnt WHU who decided the punishment so where's the suit? It seems to me that the Blades are suing the wrong people for something totally outside their control, unless they are suing us for perjury, but I havent heard that they are
     
  21. claret50

    claret50 Member

    Oct 3, 2004
    Club:
    West Ham United FC
    Nat'l Team:
    England
    You just don't get it do you stomper, it's quite simple really mate, the entire WHUFC, including the fans are totally responsible for the demise of SU, it's a proven fact that we won the majority of our games in the latter part of last season, whereas SU did not, this was unfair play on our part (due to the fact that we played good football, and SU played crap) in the eyes of Kevin Mc'Cabe, so obviously it's all our fault, what a joke he's turned that club in to.:rolleyes:
     
  22. Teso Dos Bichos

    Teso Dos Bichos Red Card

    Sep 2, 2004
    Purged by RvN
    I don't see why certain individuals are so surprised by all of this. Sheffield United were always going to try to retain their Premiership place first and foremost and, in the event of that failing, take legal action to gain compensation.
     
  23. Footstomper

    Footstomper New Member

    Oct 4, 2004
    Frederick MD
    Club:
    West Ham United FC
    Nat'l Team:
    England
    I'm suprised by this. Ithought it was over and more to the point Sheffield have had so many judgments against them they must be onto a loser. This latest effort seems entirely without merit. I honestly dont understand it:confused:
     
  24. TheNewOrleansHammer

    TheNewOrleansHammer New Member

    Oct 5, 2004
    New Orleans
  25. west_ham

    west_ham Member

    Oct 3, 2004
    Peterlee, Co. Durham
    Club:
    West Ham United FC
    Nat'l Team:
    Scotland
    That's a very blinkered and bias view on this and in all honesty I am surprised that it came from you BB as so far your views have been quite objective.

    To say that West Ham must have points deducted for their crimes shows a distinct lack of understanding of the rules and denies any scope for such cases to be judged on their individual merit.

    There was no hard coded obligation to deduct us points and I for one believe that the right decision was made, even if the reasons given weren't all up to scratch. The fact that it didn't suit Sheff Utd's cause is quite simply tough.
     

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