Big praise for Mr McCabe...

[The One]

Was the FA invovled in the previous one we lost?

I know the FA wasn't involved in this one AT ALL and was totally independent.

With both clubs aggreeing to the Arbitration the result is said to be final without taking any further action.

But no one really knows the ins and outs.

 

[keenzy]

I thought the same after the PL passed judgement.

If the PL had set punishments for set offenses that were applied across the board then there wouldn't be this long legal proceeding.

Wasn't the PL punishments for before the last so many games, when all these lies to the PL came about?

I thought the same after the last tribunal, when McCabe decided he hadn't gotten the result he wanted and would try again?

Arbitration is the last step isn't it and what happens in that goes. Both clubs agreed.

Tribunal is different.... or so im lead to believe.

 

[matth]

Don't suppose it showed the stats for all the other games during the season that he played in and produced naff all?

Whether or not he won you any points at all is not the point; WHU brought him in in order to score goals and to win games, and broke the rules in doing so.

If I tried to murder someone but failed, I'd still get into trouble for it.

Your point about the arbitration has been answered by TheOne.

 

[metalblade]

The fact is, if it had been Man Utd, they'd have gotten away with it. If it had been someone like Macclesfield Town they'd likely have relegated them to a local pub league.

Why do you think WHU got away with it for so long ? surely not because Egg Head was spending money like it was going out of fashion and sucking up to that bent dick Scudamore. Keep on clutching at straws but pay up you will, It's just a pity we can't bring down the bent Premierleague and it's money grabbing dictators.

 

[sendô WHU]

If I tried to murder someone but failed, I'd still get into trouble for it.

Football is more important than life and death.

Why do you think WHU got away with it for so long ? surely not because Egg Head was spending money like it was going out of fashion and sucking up to that bent dick Scudamore. Keep on clutching at straws but pay up you will, It's just a pity we can't bring down the bent Premierleague and it's money grabbing dictators.

There was me thinking that my point was the PL went easier on West Ham than they would have a smaller unfashionable team because the PL are bent and more interested in money than the football?

Though that charge could be levied at a lot of people in the game today.

 

[matth]

Football is more important than life and death.

Touché!

 

[metalblade]

Here is an artical that has got a few asking could further action be taken against WHU seeing as they broke the same rule twice..........

EXCLUSIVE: The £30m lie - false claims about Tevez deal that nailed Hammers

West Ham's brazen attempts to conceal the true nature of their arrangement with Carlos Tevez can be exposed.

The club's chief executive Scott Duxbury faces the sack after it emerged he ignored the Premier League's demand to tear up a controversial third party agreement.

West Ham had been fined £5.5million by an independent commission in April 2007 for having entered into the deal to sign Tevez and Javier Mascherano, but then made oral promises to stand by the arrangement.

One Upton Park insider described lawyer Duxbury's position as 'untenable' but other details heard by the Independent Tribunal which made a landmark ruling for Sheffield United suggest the ramifications will reach much farther.

West Ham are considering their position and a possible appeal, while in the months before a compensation figure is decided - United are claiming more than £30m - the Premier League's conduct in the matter is set to come under intense scrutiny again.

Wigan owner Dave Whelan has already called for the resignation of Premier League chairman Dave Richards, while former Sports Minister Richard Caborn claimed the ruling could rebound legally on the League.

The Tribunal ruled: 'We have no doubt that those [Tevez's] services were worth at least three points to West Ham over the season and were what made the difference between West Ham remaining in the Premiership and being relegated at the end of the season.

'Moreover, if the Premier League had known what Mr Duxbury for West Ham was saying to Mr Joorabchian's solicitor following the commission decision, we are confident that the Premier League would have suspended Mr Tevez's registration as a West Ham player.'

The Independent Tribunal's findings detail Duxbury's attempts to mislead the Premier League following the demand in April 2007 to rescind the controversial third party agreement with Kia Joorabchian.

On Monday, Sportsmail exclusively revealed that Sheffield United, who were relegated from the Barclays Premier League on the final day of the 2006/07 season, had already won the case.

Wigan escaped relegation with victory at Sheffield United on the final day and their chairman Whelan said: 'I've always thought the chairman should accept responsibility and resign and I've said that to his face. [Chief executive] Richard Scudamore has backed him but I don't think Richard should carry the can. I'm delighted for Sheffield United. Justice has been done.'

The remarkable Tribunal ruling lays bare the roles of Duxbury, who was deputy chief executive at West Ham at the time, lawyer Graham Shear, Joorabchian, who brought Tevez and fellow Argentine Javier Mascherano to the club, former Hammers chairman Terry Brown and ex-chief executive Paul Aldridge.

In this case, a third party agreement meant West Ham acknowledged two Virgin Island companies held economic rights to Tevez.

They could force the Hammers to transfer him in January 2007 if another club offered £2million, but West Ham could not sell him at any stage without the companies' permission.

According to the judgment, Duxbury told Joorabchian and Shear, the solicitor acting on his behalf, in a series of 'oral cuddles' that West Ham would publicly agree to tear up the third party agreement but privately honour the arrangement.

Shear, who is named in the document as 'an unwilling and uncomfortable witness', said: 'Admittedly, on that same day, 27 April, and also again at the meeting the following week at which I was present, [West Ham] made clear that they intended to and would, notwithstanding the 27 April letter, perform their obligations under the Private Agreement. This has, at least in private and behind the scenes, always remained [West Ham's] position.'

In another passage, Tribunal chairman Lord Griffiths asked Shear for clarification: 'The impression that your evidence has left with me is that Mr Duxbury was saying to you: "Don't worry, we are not going to depart from the terms we had agreed. Shear replied: 'Broadly, yes.'

'West Ham were desperate to ensure that Mr Tevez played for the club in the critical last few games of the season. Whilst having no choice but to adhere to the Premier League's requirements, West Ham wanted to do everything possible to attempt to placate the rights owners.'

A statement released by West Ham said: 'The club need to digest the findings and will consult lawyers before considering the next steps.'

Crystal Palace manager Neil Warnock, who was in charge when Sheffield United were relegated, said: 'The verdict puts my faith back in the system. I have a relegation on my CV that I shouldn't have.'

If I were WHU I'd pay up and shut up.

 

[silverfox]

West Ham are to appeal.

From their OS......................

West Ham United can confirm today that our lawyers are drafting a statement of appeal to the Court of Arbitration for Sport in Lausanne, Switzerland in relation to the case involving the club and Sheffield United.

West Ham United cannot comment in detail in response to the FA arbitration panel ruling made public yesterday because of confidentiality provisions but will update supporters via whufc.com as and when appropriate.

However, the club can confirm that while we respect the judgement of the FA arbitration panel, we do not accept that one player's contribution can be placed over that of the team as a whole nor used as the basis for judging the results of a 38-game season.

This ruling undermines the significant efforts of our entire playing squad and coaching staff over the duration of the 2006/07 Premier League season and does not take sufficient account of the performances of the other 19 clubs in the competition.

We acknowledge again that the club broke Premier League rules in the original signing of Carlos Tevez but we were dealt with accordingly by an independent Premier League commission and accepted the significant punishment handed down at that time.

In light of this and the wider implications of this latest ruling for English football we have decided to ask that the case be considered by the Court of Arbitration for Sport.

 

[beightonblade]

Praise for McCabe....yer havin a laugh :cry2::cry2::cry2:

I'll give him praise when he's invested in QUALITY players for the Blades.

That farce last night was HUMLIATING and the players pretending to be Blades should be ashamed of there sens !

Highest wages in the Championship for that shower of shit................sumats
wrong big time.

 

[Samantha]

Praise for McCabe....yer havin a laugh :cry2::cry2::cry2:

I'll give him praise when he's invested in QUALITY players for the Blades.

That farce last night was HUMLIATING and the players pretending to be Blades should be ashamed of there sens !

Highest wages in the Championship for that shower of shit................sumats
wrong big time.

Oh for God's sake stop playing the same bloody tune.

You'd have slagged him off too for not having faith in the team if he decided not to continue with this case after the FA hearing.

Kevin McCabe has been the life and soul of this club since the day he took charge. The club is in his, and his family's, hearts.

 

[beightonblade]

Oh for God's sake stop playing the same bloody tune.

You'd have slagged him off too for not having faith in the team if he decided not to continue with this case after the FA hearing.

Kevin McCabe has been the life and soul of this club since the day he took charge. The club is in his, and his family's, hearts.

I'll stop playing the same bloody tune when things change at BDTBL.
Aye the club might be in his heart but a poor second to ££££££'s i suggest his interest is more in the heritable property at the club.

The farce last night was dreadfull......... the Blades couldn't have been worse, so tell me this if McCabe is the life and soul of the Blades whats wrong ?

 

[Samantha]

So if you were in control - what would you do?

If you were in Mr McCabe's shoes - what would you do?

 

[beightonblade]

So if you were in control - what would you do?

If you were in Mr McCabe's shoes - what would you do?

Fuck of to the Caribean !

 

[silverfox]

Fuck of to the Caribean !

So you would give up on The Blades!

 

[beightonblade]

So you would give up on The Blades!

Never............nor would i rip them off like McCabe.

 

[silverfox]

Never............nor would i rip them off like McCabe.

Explain how he is ripping the Blades off.

Please include details of how he took over and all details off the "ripping off"!

 

[beightonblade]

The rip off relates to the interest he charges the club on loans he has made to the Blades.

The Bank of Scoland do term loans at 1% over base McCabe chooses to charge much more.

Not the actions of a true Blade in my opinion.

 

[RIP Niftos]

Fuck of to the Caribean !

I'll pay your airfare.

In other news, I'll believe the stuff you say about the interest rates (made up or not? Lets let the public decide) when you bring up some concrete evidence. Until then........BS.

 

[beightonblade]

I'll pay your airfare.

In other news, I'll believe the stuff you say about the interest rates (made up or not? Lets let the public decide) when you bring up some concrete evidence. Until then........BS.

Read the clubs accounts you'll see what interst rate McCabe charges.
Term loans Bank of Scotland 1% over base me and our gert have one in place on some commercial property.

Aye McCabe has connections with the Bank of Scotland so should be able to borrow cheaper than that !

 

[RIP Niftos]

All depends on the amount borrowed though doesn't it. Also, what difference does it make if we could borrow cheaper if it's McCabes money so not technically borrowing? Seeing as if we couldn't afford to pay Bank of Scotland back then we'd be pretty much ferked, but if we miss a payment to McCabe then it's not really a problem?

Please enlighten us as to what the rate Sir Kevin (allegedly) charges us?

 

[sendô WHU]

Shear, who is named in the document as 'an unwilling and uncomfortable witness', said: 'Admittedly, on that same day, 27 April, and also again at the meeting the following week at which I was present, [West Ham] made clear that they intended to and would, notwithstanding the 27 April letter, perform their obligations under the Private Agreement. This has, at least in private and behind the scenes, always remained [West Ham's] position.'

In another passage, Tribunal chairman Lord Griffiths asked Shear for clarification: 'The impression that your evidence has left with me is that Mr Duxbury was saying to you: "Don't worry, we are not going to depart from the terms we had agreed. Shear replied: 'Broadly, yes.'

'West Ham were desperate to ensure that Mr Tevez played for the club in the critical last few games of the season. Whilst having no choice but to adhere to the Premier League's requirements, West Ham wanted to do everything possible to attempt to placate the rights owners.'

See, to me that reads like they ripped up the offending third party contract part in order to adhere to the PL's ruling, whilst making a "gentlemens agreement" of sorts with Kia & co that they'd compensate them at a later date.

I don't profess to be an expert on contractual law, but I'm pretty sure that a verbal understanding does not constitute a contract in a court of law?

 

[beightonblade]

I don't profess to be an expert on contractual law, but I'm pretty sure that a verbal understanding does not constitute a contract in a court of law?

Your wrong.

 

[Linz]

Admin note: All off-topic posts removed.

Posts responding to spam calling it spam just do the same as the spam itself, clutter up the thread. Please report all posts to us via the "report post" button.

Back on topic?

 

[sendô WHU]

Your wrong.

An excellent point well argued. Care to elaborate?

 

[Linz]

An excellent point well argued. Care to elaborate?

The first thing I learned in contract law was that verbal agreements are as legally binding as written ones however, obviously they are harder to prove or disprove.

One way of proving that a verbal agreement was or was not in place is the conduct of the parties following the agreement. Did the parties act in accordance to the verbal agreement?

EDIT: This seems to be a good article for a lay person to read regarding contracts: http://www.gillhams.com/articles/325.cfm

 

[sendô WHU]

One way of proving that a verbal agreement was or was not in place is the conduct of the parties following the agreement. Did the parties act in accordance to the verbal agreement?

That's an interesting point, considering the case of a certain Steve Kabba who was left out of the Watford side against Sheff Utd due to a verbal agreement.

Pot/Kettle/black? It's a murky world when the courts start interfering in football.

 

[Linz]

That's an interesting point, considering the case of a certain Steve Kabba who was left out of the Watford side against Sheff Utd due to a verbal agreement.

Says who?

PS: I've responded to this point here: http://www.sheff-utd.co.uk/forum/showpost.php?p=133748&postcount=15

 

[Foxy]

That's an interesting point, considering the case of a certain Steve Kabba who was left out of the Watford side against Sheff Utd due to a verbal agreement.

Pot/Kettle/black? It's a murky world when the courts start interfering in football.

First of all, where was any verbal agreement confirmed by any party?

Steve Kabba was playing poorly and carrying an injury at the time he was dropped, but we'll not let that cloud the judgement

If any such arrangement contravening the rules was made, I would expect, and call for, the exact same punishment as I would if he were a West Ham player.

Even ignoring the fact that this "story" is no where near as nailed on, nor investigated, as the Tevez deal.... A look at the differing fortunes of the said players should tell you all you need to know....

Carlos Tevez continued the season to play every single game for West Ham, scoring goals and contributing majorly to their performances. Eventually and ironically signed for Manchester United, where he is now a regular.

Steve Kabba, continued being crap and not holding down a place in an already poor team, followed by being loaned out to a struggling Blackpool.

 

[matth]

Pot/Kettle/black? It's a murky world when the courts start interfering in football.

Even murkier when teams start breaking the rules to gain an advantage.

Let's not forget - if WHU hadn't broken the rules in the first place, none of this court stuff would have happened. It's all well and good complaining about what the court action will do to football, but we shouldn't lose sight of the fact that the reason the court action took place in the first instance is because WHU broke the rules.

 

[beightonblade]

An excellent point well argued. Care to elaborate?

Won a case on that basis.