Legal action against the Premier League

[littlelol]

Legal action against the Premier League

Charlton, Fulham, Sheffield United and Wigan are taking legal advice over West Ham's Premier League punishment.
The quartet are angry relegation rivals West Ham escaped a points deduction for breaking rules in the signings of Carlos Tevez and Javier Mascherano.

In a letter sent to the Premier League the four clubs said: "You can expect to hear from us in relation to this in the early part of next week.

"In the meantime, all our rights in that respect are reserved."


The Premier League have also taken legal advice and have been told its position is unassailable.

Its defence is that it is entirely up to the independent commission to decide on the punishment, and that if the Premier League had any influence over the decision it would be a conflict of interest.

It would argue the commission had a full range of sanctions available to it, and that Premier League rules do not state what the punishment should be for such rule breaches.

A Premier League spokesman tonight said: "We will study the contents of the letter and respond accordingly."


West Ham were fined £5.5m but not deducted points after being accused of acting improperly over the transfers.

The Hammers could argue that there was no precedent in the case and that a points deduction was one of a list of penalties available to the panel, and not the sole option.

However, should the clubs pursue legal action, they will make clear points penalties have been issued before for seemingly far less serious offences.

Middlesbrough, for example, were deducted three points in 1997 for failing to fulfil a fixture as 16 players were either ill or injured, a judgement that condemned them to relegation from the Premiership.

And in his explanation of the decision, Simon Bourne-Arton QC, who headed the commission, said a points sanction at this stage of the season would have condemned the Hammers to certain relegation.

He added that a different decision may well have been taken if the hearing had been in January as a points deduction with four months of the season remaining "would have been somewhat easier to bear".

With two games left in the season, West Ham are third-from-bottom as they occupy the final relegation spot with Charlton one place and two points adrift of them.

Wigan are one place above West Ham and the drop zone, separated only by goal difference, with Fulham one point and Sheffield United three points ahead of the Hammers.

Former chairman Terry Brown is also threatening to sue West Ham after being sent a letter terminating the contract he signed when he sold the club.

What's your thoughts on this???

[greenpoleffc]

Good - dock them 3 points and send them down :-)

Cheats

[littlelol]

Legal action against the Premier League

Jeff Winter: ( X Premier League Ref ) West Ham case is unfair and it 'stinks'May 4 2007




By Jeff Winter, with the Evening Gazette


Hang on a minute, I thought when a precedent had been set, then the law and future rulings are based on that.

If you look in the Sports Gazette at the local league tables you will see asterisks next to some teams and at the bottom it states points deducted for fielding an ineligible player, the same on a Sunday when the national newspapers show regional league tables.

So that's sorted then, rules are rules. We often read the saddening story of a club secretary who has accidentally got a signing on form in too late or did not know of a player having played earlier in the season for another club in a competition.

Did Bury not get kicked out of the FA Cup this season for fielding a Poolie loanee who was not eligible for the cup tie?

A few seasons ago I refereed a replayed League Cup tie between West Ham (ironically) and Aston Villa, because West Ham had played an ineligible player in the first game.


I am sure I could fill this page with other examples, but finally did Boro not have three points deducted and as a result get relegated back in 1997?


So really it was a no brainer for the no brainers who sat on the commission to deal with West Ham.


This situation was even worse, because they had knowingly carried out the transfers of the Argentinian duo, against league rules, and played them both in several league games. Points deduction guaranteed you would have thought.


But no, the biscuit man was threatening to take legal action.


Was Steve Gibson advised not to do so in 97, and there was the threat of the Premier League having a court case ongoing after the end of the season?


So, lo and behold, a £5.5m fine. Now West Ham might still go down, but what if they don't, what will a Charlton, Sheffield United, Fulham, Wigan or even Boro have to say then?


Well I will say it now. It stinks. You will have noted from previous week's columns my feelings that the game at the highest level is riddled with unfairness and this does take the "biscuit".

[omni]

Good luck to them, I don't really like their chances. I actually think they'd have more chance taking on West Ham rather than the FA.

[Rubbernose]

Well they probably have a point, from the little I've read of the actual infringements, but then again uniform generic punishments are hardly the norm in football, across the board, are they. I really don't see how much luck clubs would have using the courts to somehow force the FA to follow punishment 'precedents' of their own choice for all of their regulations.

I suspect that there would also be a precedent for clubs NOT being docked points for the same or similar infringement. Just because there is a precedent for a certain punishment by a governing body surely doesn't mean there is a legal minimum sentence standard set, and that punishment has to be followed every time thereafter.

I mean ffs, you'd think the courts would understand that better than anyone. In fact it'd be bloody ironic if a court ruled in favour of that, wouldn't it?

[dru]

It should come down to who gets the results as to who avoids relegation. Points deductions suck for the fans especially when it cements relegation and it should be avoided.

[omni]

People have no problems with a 10 point deduction for entering administration though, if the Hammers avoid relegation all the money they've spent plus fines would be worth it. Rubbernose pretty much expanded what I was saying, it's up to the FA and I doubt a court would rule in favour of the clubs.

[dru]

omni said:

People have no problems with a 10 point deduction for entering administration though, if the Hammers avoid relegation all the money they've spent plus fines would be worth it. Rubbernose pretty much expanded what I was saying, it's up to the FA and I doubt a court would rule in favour of the clubs.

That is a set in stone deduction, as opposed to the deduction here being suggested for the hammers. Now reportedly leeds have taken the hit this season knowing they were going to be relegated and will avoid the points penalty next season. If that penalty is fair or not you at least know about it and the club would have a fair idea it was coming.

There are now some reports that Merch U and Everton may have points deducted as well do to there match. results are what should matter.

[Bearinator]

Its only the other teams in relegation that are doing this. So my thoughts on this, being a Hammers fan, are simple....

WINGE WINGE f***ing WINGE

Its your fault you have played shit this year, cop it on the chin you f***ing crybabys. The Hammers probably deserve to go down with the way they have played this year, but so do the other teams. If you beat the drop, you beat it. Happy days. If not, dont try and blame your shortcomings on someone else.

[voice of reason]

bearinator said:

The Hammers probably deserve to go down with the way they have played this year, but so do the other teams. If you beat the drop, you beat it. Happy days. If not, dont try and blame your shortcomings on someone else.

I'm sure you don't really mean this...they deserve to stay up on the quality and sheer brilliance of their last six goals alone!! And Tevez was responsible for some of them, the rest showed some brilliant team effort.

The trouble with relegation is that you can sink without a trace....just look at,um, what are they called again, oh yeah, Leeds United.

[Gibbsy]

norwhich, QPR

[omni]

Nott's Forest (who are another League One team - maybe promoted this year)

[brett]

They should deduct whatever points Teves' goals have directly earned

[dibo (pron. "DIB-OH")]

omni said:

Nott's Forest (who are another League One team - maybe promoted this year)

forest are the only former european champions who are in the third flight of their competition

[gialloblu]

Leeds must surely be the next most accomplished European team to play in their country's third division

[shelleybeach]

Forest are going to have a real battle to get through the playoffs so we could have Forest v Leeds in league one. Leeds to go straight back up for me.

[shelleybeach]

oh and on the topic, a £5.5m fine is peanuts when you're getting £60m+ from tv rights etc - West Ham got off very lightly for clearly breaking the rules and lying about it. the lawyers are going to get richer if they stay up.

[gialloblu]

I'd expect it to be Forest and Blackpool in the final which would be a cracker of game

[Foriegnmariner]

Leeds vs Forest will happen in League 1 next year because Yeovil will defeat Forst tonight.
Agree with shelleybeach 5.5 is back pocket change for the hammers and there billionaire icelandic.

[greenpoleffc]

Hopefully Manure will send WHam down and there will be no need for any legal action. They cheated, they admitted they cheated and in most comps, fielding an ilegible player carries a points penalty.