The Increasingly Poor Decisions of Daniel Levy

Facts are the enemy of truth...

Tottenham Hotspur have decided to continue their battle over the Olympic Stadium, and have gone back to the High Court in attempt to force a judicial review of the decision to award the venue to West Ham United. Spurs are refusing to accept defeat after last week's decision by Judge Mr Justice Davis to reject their bid and that of Leyton Orient's. Backing the Olympic Park Legacy Company's decision, Judge Davis said there were no grounds for a review and dismissed Tottenham’s challenge as "more the product of ingenuity than of substance"; or the legal semantics equivalent of Todd Margaret protesting: "I didn't shit myself, I pissed myself. I just fell in some shit after I pissed myself." He subsequently warned both clubs that he hoped renewal [appeal] on all points would not be "a knee-jerk reaction and careful consideration will be given to the extent of renewal, if any." Failing to take heed, Tottenham are again challenging the legal process that gave the stadium to West Ham United, and will now have the chance to make a case in an oral hearing at the High Court. That could be held as early as next week and could potentially be heard by a different judge.

Orient chairman Barry Hearn revealed yesterday that his club would also be appealing the decision and had already lodged oral submissions. The club are concerned about the implications of having the Hammers moving closer to them, fearing the loss of support at the club. Orient's Matchroom Stadium home, which seats 9,271 supporters, lies within a mile of the Olympic site, closer to the Olympic Stadium than West Ham's Boleyn Ground. The club fear the implications of suggestions the Hammers could offer free or heavily discounted tickets when they move into their new home.

Having consulted with their solicitors, Hearn made it clear this was not a compensation claim, but an appeal made in order to protect the future of Leyton Orient. "We believe we have a strong case,” he said. "We need to make it clear we are not in favour of West Ham moving into the Olympic Stadium – it's not about compensation. We are trying to stop West Ham getting the Olympic Stadium. We made it quite clear from the beginning, the move by West Ham threatens the very existence of Leyton Orient. I suppose if every council in the country was able to loan their football club £40m we wouldn't have an objection. I believe in the medium term it will eventually put Leyton Orient out of business."

Now, their north London cohorts are following suit. A statement placed on the Spurs website this afternoon confirmed they have also applied to the High Court again to renew their challenge. It said: 'The club has today applied to the High Court to renew its application for permission to bring a claim against the London Borough of Newham and the Olympic Park Legacy Company, the Mayor of London and Government Ministers for judicial review of their decisions underlying the bid process for the conversion of the Olympic Stadium after the 2012 Games. Under this process the club now has the opportunity to present its case at an oral hearing at the High Court.'

Tottenham and Leyton Orient had until 4pm today to decide whether to appeal against last week’s rejection of their attempts to block West Ham’s move to the Olympic Stadium, writes Paul Kelso, but already attention is turning to their options if the move goes ahead. Last week the judge dismissed their request and effectively warned them to think twice before appealing. Should the West Ham decision stand, Tottenham face a major challenge to rebuild relationships strained by the judicial review process. The club’s decision to challenge the government and London mayor’s office in court has caused major friction, with Westminster insiders describing a "trust deficit" as a result of the legal process.

After Thursday's news was announced, the Olympic Park Legacy Company said: "We are pleased with the ruling and continue to make good progress in our negotiations with the preferred bidder in order to be in a position to agree the final terms for the stadium's lease." Newham Council have arranged a £40m loan to finance the move from Upton Park for West Ham, who are promising to develop a venue capable of hosting "world-class sporting events, including top-level football and athletics".

Spurs turned their attention to the Olympic Stadium in Stratford, east London, after deciding their plans for a new development at Northumberland Park - next to their existing north London White Hart Lane home - were not economically viable. Planning permission has already been granted but rising costs means the club would have to find potentially half a billion pounds to go ahead with the so-called Northumberland Development Project (NDP) - unless they manage to acquire sufficient public backing. The amount of residential property that could be built to offset the development costs has also been reduced, notes Andrew Warshaw, and Spurs will now step up talks with Haringey Council to try and strike a deal over the massive local infrastructure costs.

Tottenham’s other alternative site at Tottenham Hale would also require significant public subsidy to be viable, states Kelso, and diplomatic bridges will need to be built to achieve that. "Obviously we are taking a fresh look at things and are trying to find viability to drive the NDP, but it won't happen without public sector support," executive director Donna Cullen told insideworldfootball. Their original proposal, part of a joint bid with AEG sport and entertainment group, had been to knock down the Olympic stadium, rebuild it as a football-only venue and, by way of a commitment to athletics, redevelop the National Sports Centre at Crystal Palace. Now, following the recent court judgement, their need to find an alternative strategy is even more pressing. "We never stopped looking at the NDP as an alternative option," insisted Cullen. "Of course we will have to fund a degree of it ourselves but no stadium ever happens in this country without public sector support. All we are asking for is the right balance."

Daniel Levy's need to expand is increasingly desperate as he aims to stay competitive with a stadium that holds only 36,000 fans, but Cullen insisted the club were not prepared to go heavily into the red to realise their dream of a stadium on a par with neighbours Arsenal. "We're going to go back and see what might be possible but there is only a certain level of debt the club can take on and sustain. It cannot and will not go beyond a peak level." She admitted the quest for a new ground had been made tougher by the failure to acquire a judicial review of the Olympic Stadium process. "We are not in an economic period where there is a situation of generous grants and we are obviously not asking at the best of times. However, our ask is very relevant. A stadium would absolutely affect the regeneration of an area of London that has long been ignored."

For their part, Spurs believe that they were receiving so little support from government that they had nothing to lose from the challenge. It is as if Levy has become locked in a Kafkaesque hell in which from a certain point onward there is no longer any turning back. Playing Sancho sidekick to it's quixotic ally, Orient have asked the Football League to consider whether West Ham’s move to the Olympic Stadium should be permitted under their rules. Any ground move has to be approved by the board. They are currently appealing the Premier League’s decision to approve the move, and the Football League may wait until after an arbitration hearing in October before declaring its position.

Meanwhile, with West Ham’s move to Stratford looking increasingly likely to happen there is mounting talk in football and Olympic circles that shopping centre giant Westfield is set for an active, possibly decisive role in the club’s future. Westfield already own the shopping centre on the edge of the Olympic Park, notes Kelso, and there is speculation they could eventually add the club that will be playing a few hundred yards away to their London portfolio. The company has already been heavily involved as a partner in West Ham United's stadium bid, and are considering bidding for the contract to convert the stadium, as well as being linked with a naming rights deal.

Writing in today's Telegraph, Kelso states it has long been suspected that the Stratford move is part of a strategy by West Ham owners David Gold and David Sullivan to sell the club on. Given Westfield’s interests in the Olympic Park, and owner Frank Lowy’s football links – he is chairman of the Australian FA and headed its failed 2022 World Cup bid – they make logical suitors. According to the Londoner, the potential dominance of the Westfield brand in the Olympic east may well be counterbalanced by an increased presence in the former Olympic west as plans for expansion of Westfield at White City are also revealed. In this bullish spirit of expansionism, redevelopment of the site next to the complex could mean 1700 homes and a further 48,000 square metres of retail space. The plans go on display for public consultation in July.