Tuesday, 24 July 2007

The Writ Is Served

Kia Joorabchian tonight confirmed that he has instigated court proceedings against West Ham United over the Carlos Tevez transfer affair. The player's representative has decided to take his fight to the High Court despite Fifa's recommendation that the dispute be settled by the Court of Arbitration for Sport (CAS). It is believed a writ was served this afternoon on the club's solicitors by lawyers acting on behalf of Joorabchian's companies MSI and Just Sports Inc. Solicitor Graham Shear of lawyers Teacher Stern Selby said in a statement: "I can confirm the companies (MSI and Just Sports Inc) have today begun High Court proceedings against West Ham. This afternoon a High Court writ was served on the football club's solicitors. The companies seek the court's intervention to compel West Ham to release the registration of Carlos Tevez in accordance with contracts entered into between the parties. We are asking the court to intervene so that Carlos Tevez can be registered to play with Manchester United as soon as possible." Shear added: "We will be making no further statement at this time."

With Joorabchian deciding to pursue this course of action there would be no need for CAS to adjudicate, even though the Hammers say they are happy to abide by Fifa's recommendation as are the Football Association and the Premier League. Manchester United are not involved in the process. The Iranian businessman is now forcing the issue in the belief that by bringing the matter to the High Court a clearer picture will emerge surrounding the furore, and that it will ultimately lead to a firmer and speedier conclusion than might be achieved through CAS.

An official club statement was posted on the site this evening. It states: "West Ham United is led to believe that MSI and Just Sports Inc. have issued a writ against the Club this evening, although we are yet to receive this officially. We will liaise with our lawyers and a further statement will be made when appropriate.

3 comments:

Penguin said...

I don't understand why West Ham don't release him. As far as I can see, they got a very good deal by having Carlos for free, saving them from relegation. Now it seems that they want to penalise MSI for loaning them a player that saved their season. It stinks of greed. At the very least, a gentleman's agreement between West Ham and MSI should dictate that the player isn't really 'owned' by West Ham at all and that they do NOT deserve any money from this transfer.

Walders said...

Is it just me who finds it very strange that West Ham can claim they they "had torn up their original agreement with Joorabchian, thereby enabling Tevez to continue to play for them." Surely, both parties to a contract have to agree to tear it up if it is to be rendered null and void? If Tevez came to West Ham on loan from Kia Joorabchian's Company, how would Joorabchian ever have agreed to nullify the Tevez contract, and West ham simply ACQUIRE FOR NOTHING a £30 million player?? I have yet to read an article which can explain in simple terms, how this is supposed to make sense. Am I alone in this, or can anyone out there explain it in the obviously simple terms which I seem to need to make sense of this m

HeadHammerShark said...

Well what happens when one party tears up a contract and the other doesn't agree is that you go to court - as is happening here.

The point is that West Ham are saying that the original agreement between Tevez and MSI is unenforceable under English Law. The onus is now on Joorabchian to prove that he owns the "economic rights" to the player, as West Ham clearly own his registration.

One might question quite why it has taken Joorabchian so long to get to this course of action, indeed it smacks a little of desperation. What West Ham have done is probably "ungentlemanly", although whether you consider a man wanted in Brazil for money laundering as "gentlemanly" is another point altogether.

The point about West Ham not paying any money is irrelevant as they acquired him on a Bosman. He was a free agent at the time.

 

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