High Court Appeal
- Thread starter silverfox
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Do you have a source silverfox, hopefully this appeal will take a backseat to our pre-season campaign and pehaps provide a boost the tansfer kitty for the January sales (we'll need at least 6 million to buy Forte back).
silverfox
Well-Known Member
- Thread starter
- #4
PL statement..............
The Premier League has just been advised by our legal team that Sheffield United have launched an appeal in the High Court under Section 69(2)(b) of the Arbitration Act 1996 against the award of our arbitration panel yesterday under Section S of our Rules.
Our legal team inform us that this is a very narrow window of appeal where Sheffield United are claiming that the Arbitration Panel under Sir Philip Otton made an error in law by failing to send back the original decision to the Independent Disciplinary Commission for reconsideration.
It is a matter of record that the Premier League at all times has acted at all times in accordance with our Rule Book and procedures, as such we expect this matter to be expedited as quickly as possible and, again, we will not be altering any plans for next season
http://www.premierleague.com/premier-league-football-news.html
The Premier League has just been advised by our legal team that Sheffield United have launched an appeal in the High Court under Section 69(2)(b) of the Arbitration Act 1996 against the award of our arbitration panel yesterday under Section S of our Rules.
Our legal team inform us that this is a very narrow window of appeal where Sheffield United are claiming that the Arbitration Panel under Sir Philip Otton made an error in law by failing to send back the original decision to the Independent Disciplinary Commission for reconsideration.
It is a matter of record that the Premier League at all times has acted at all times in accordance with our Rule Book and procedures, as such we expect this matter to be expedited as quickly as possible and, again, we will not be altering any plans for next season
http://www.premierleague.com/premier-league-football-news.html
My instant reaction is that we are clutching at straws but i'll leave the debate on the laws of arbitration to the legal eagles.
- Admin
- #7
From reading the full arbitration report, i'd suggest myself that its more than straws. If anyone actually has the balls to do the right thing or not is another matter.
silverfox
Well-Known Member
- Thread starter
- #8
According to this we haven't yet started a legal challenge...........
Sheffield United have asked permission to appeal against the decison to dismiss their claim against the Premier League
"We have applied to find out if we can lodge an appeal through the civil courts," said a Sheffield spokesman. "This involves speaking to a judge and is a technical process.
"We may lodge an appeal as a result but we may not. We are still going through the process."
http://www.timesonline.co.uk/tol/sport/football/premiership/article2028056.ece
Sheffield United have asked permission to appeal against the decison to dismiss their claim against the Premier League
"We have applied to find out if we can lodge an appeal through the civil courts," said a Sheffield spokesman. "This involves speaking to a judge and is a technical process.
"We may lodge an appeal as a result but we may not. We are still going through the process."
http://www.timesonline.co.uk/tol/sport/football/premiership/article2028056.ece
silverfox
Well-Known Member
- Thread starter
- #9
From our OS...........
As a point of clarification for our supporters (and media), Sheffield United have NOT lodged an appeal following the Arbitration decision on Tuesday - despite reports to the contrary.
The accurate explanation is that Sheffield United's lawyers had to inform the Premier League that the Club has applied to find out if the club can lodge an appeal through the Civil Courts.
http://www.sufc.premiumtv.co.uk/page/News/NewsDetail/0,,10418~1067977,00.html
As a point of clarification for our supporters (and media), Sheffield United have NOT lodged an appeal following the Arbitration decision on Tuesday - despite reports to the contrary.
The accurate explanation is that Sheffield United's lawyers had to inform the Premier League that the Club has applied to find out if the club can lodge an appeal through the Civil Courts.
http://www.sufc.premiumtv.co.uk/page/News/NewsDetail/0,,10418~1067977,00.html
happyhippy
Well-Known Member
I'm not sure it could happen, and I'm that sick and tired of it all, I hope it doesn't. The panels have followed the rules, and within the law of the land (which is the only way the High Court could get involved, I think).
The facts that one panel didn't impose a penalty it otherwise would have done for very spurious reasons, and the second said it would have imposed the penalty the world bar West Sham think was appropriate, mean nothing.
I suppose the argument would be that as the second panel stated it would, had it heard the case first, have deducted points, could mean that by dismissing the appeal, and not referring the case to a further panel, might mean that the arbitration panel made an error in law in its decision.
As the first set acted within the rules, which was one of the things we asked the second set to look at, I can't see any further action being anything more than futile.
The facts that one panel didn't impose a penalty it otherwise would have done for very spurious reasons, and the second said it would have imposed the penalty the world bar West Sham think was appropriate, mean nothing.
I suppose the argument would be that as the second panel stated it would, had it heard the case first, have deducted points, could mean that by dismissing the appeal, and not referring the case to a further panel, might mean that the arbitration panel made an error in law in its decision.
As the first set acted within the rules, which was one of the things we asked the second set to look at, I can't see any further action being anything more than futile.
happyhippy
Well-Known Member
I'm sure I heard that on Five Live if nowt else, Robbie.
Bladesman
The Great Grumbleduke
When ive heard McCabe prior to the outcome of the arbitation he always had plans to go further with it if the outcome wasnt in his favour. Ideally if this is to continue i just hope we get some £££ and scudamore fucks off.
happyhippy
Well-Known Member
That would be ideal, but I'm sure I heard words to the effect of "We'll abide by the decision of the arbitration panel."
Let's just draw a line, and get back up, eh?
Let's just draw a line, and get back up, eh?
- Admin
- #16
We have done, we have accepted that our fate as far as the panel and PL is concerned lies in the Championship.
This doesn't mean however that we shouldn't continue to fight the injustace/any legal issues.
your right of course, that was what was said. However in both the original hearing and the arbitration panel, they spoke far too much. If they had just delivered the verdict then there would have been very little room for legal battles. But they didnt, the first one said that if it had been earlier in the season they would have deducted points, but they werent going to because of where the season was, and the second (instead of just leaving it at "we agree with the first decision") said that they WOULD have deducted point, which is bad enough, but then the stupid twat thats probably been paid about £75,000 for doing this added that the contracts were'nt legally water tight.
DUMBASS!!!!
Anyway as ive said before as long as it doesnt hold back the team and they are SURE that they cant acheive something out of this, then fine keep it going, we've come this far
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- #18
I wonder if Mr Scudamore will offer Sheffield United an apology for the inaccurate statement which has created many inaccurate stories in the press about our club??
Sue the bastard
I'm assuming to work within the FIFA rules, it'll be Sheffield United PLC that is taking the action and not Sheffield United FC.
I was saying to Foxy earlier, I don't see the problem in continuing this if they see fit. We now know what division we're going to be in and so can build and plan for that. If however, the moneymen want to continue through the courts to get some compensation, I can't see the problem in that. It isn't going to have a massive bearing on the team, and if we get some dollar out of it, most of that will be ploughed back into the club so we can get some decent signings.
Whinging sods or warriors of justice? Just depends which side of the coin you fall on.
silverfox
Well-Known Member
- Thread starter
- #19
From the BBC...........
Sheffield United will appeal to the High Court over the Carlos Tevez affair and their Premiership relegation, reports BBC Radio Sheffield.
The decision follows an arbitration panel's decision to uphold the verdict not to dock West Ham points over the signing of Tevez and Javier Mascherano.
The Hammers were fined £5.5m for their handling of the duo's deals.
"We are going to the High Court to appeal, and that date is 13 July," confirmed Blades chairman Kevin McCabe.
"I still believe Sheffield United have a legal case that can now be taken from what I loosely term the sporting courts to the commercial courts.
"Where that will take us I really don't know."
West Ham were found guilty on 27 April of acting improperly and withholding vital documentation over the duo's ownership.
When Tevez and Mascherano were registered as players, West Ham failed to disclose that they had entered into an agreement with third-party companies.
Sheffield United had launched their first appeal after they went down on the last day of the season and West Ham stayed up.
The three-man arbitration panel, headed by retired High Court judge Sir Philip Otton, did not have the power to change West Ham's punishment but could have ordered a new independent commission to judge the case.
Sheffield United will appeal to the High Court over the Carlos Tevez affair and their Premiership relegation, reports BBC Radio Sheffield.
The decision follows an arbitration panel's decision to uphold the verdict not to dock West Ham points over the signing of Tevez and Javier Mascherano.
The Hammers were fined £5.5m for their handling of the duo's deals.
"We are going to the High Court to appeal, and that date is 13 July," confirmed Blades chairman Kevin McCabe.
"I still believe Sheffield United have a legal case that can now be taken from what I loosely term the sporting courts to the commercial courts.
"Where that will take us I really don't know."
West Ham were found guilty on 27 April of acting improperly and withholding vital documentation over the duo's ownership.
When Tevez and Mascherano were registered as players, West Ham failed to disclose that they had entered into an agreement with third-party companies.
Sheffield United had launched their first appeal after they went down on the last day of the season and West Ham stayed up.
The three-man arbitration panel, headed by retired High Court judge Sir Philip Otton, did not have the power to change West Ham's punishment but could have ordered a new independent commission to judge the case.
silverfox
Well-Known Member
- Thread starter
- #20
From Sky..........
Blades launch High Court appeal
By Peter ORourke - Created on 5 Jul 2007
Sheffield United have confirmed they will appeal to the High Court over the Carlos Tevez affair after failing in their last bid to get reinstated to the Premier League.
The Blades saw their fight to be reinstated into the Premier League ended earlier this week after an arbitration panel upheld the verdict not to dock West Ham any points over the controversial signings of Tevez and Javier Mascherano.
United have now accepted they will be playing in the Championship next season, but they are looking for substantial compensation and will go to the High Court later this month to plead their case.
Bramall Lane chairman Kevin McCabe confirmed the club are going to the High Court on July 13th to launch their appeal.
"I believe the commercial courts, as we call them, will look at the ingredients of this case more differently than the independent commission of the arbitration panel," McCabe told Sky Sports News.
"Yes I suspect it cannot be with a view to reinstatement I think that is overcome now.
"It is very much now a case against the Premier League rather than before it was the Premier League and West Ham.
"So if we are able to get leave to take this to the High Court I suspect we will."
McCabe believes United have a good case for substantial compensation as they are set to miss out on the windfall of playing in the Premier League.
"I think anyone who looks at it and says one club has been wronged - ie Sheffield United - the only recourse open now to make that wrong right is financial," added McCabe.
Blades launch High Court appeal
By Peter ORourke - Created on 5 Jul 2007
Sheffield United have confirmed they will appeal to the High Court over the Carlos Tevez affair after failing in their last bid to get reinstated to the Premier League.
The Blades saw their fight to be reinstated into the Premier League ended earlier this week after an arbitration panel upheld the verdict not to dock West Ham any points over the controversial signings of Tevez and Javier Mascherano.
United have now accepted they will be playing in the Championship next season, but they are looking for substantial compensation and will go to the High Court later this month to plead their case.
Bramall Lane chairman Kevin McCabe confirmed the club are going to the High Court on July 13th to launch their appeal.
"I believe the commercial courts, as we call them, will look at the ingredients of this case more differently than the independent commission of the arbitration panel," McCabe told Sky Sports News.
"Yes I suspect it cannot be with a view to reinstatement I think that is overcome now.
"It is very much now a case against the Premier League rather than before it was the Premier League and West Ham.
"So if we are able to get leave to take this to the High Court I suspect we will."
McCabe believes United have a good case for substantial compensation as they are set to miss out on the windfall of playing in the Premier League.
"I think anyone who looks at it and says one club has been wronged - ie Sheffield United - the only recourse open now to make that wrong right is financial," added McCabe.
happyhippy
Well-Known Member
Ok, I'm no lawyer, but most of my working life has been to do with contentious issues such as this (at a much lower level of finance), but I'm struggling to see what the point is now.
I'm assuming that the PLC would be looking at a loss of income because of relegation, in a civil case, on the grounds that the two previous panels didn't take the material facts into account fully.
While in the spirit of the game, it's incontravertible that the rules were not used that way, we're way beyond the spirit of the game now. We're now into whether the law of the land has been use correctly, not the rules of the 'club' we joined.
To be honest, there is piss all we can say as far as I can see. As a layman (effectively as far as this stuff goes), unless we have friendly lawyers who won't leech us, let's just let it go.
I'm assuming that the PLC would be looking at a loss of income because of relegation, in a civil case, on the grounds that the two previous panels didn't take the material facts into account fully.
While in the spirit of the game, it's incontravertible that the rules were not used that way, we're way beyond the spirit of the game now. We're now into whether the law of the land has been use correctly, not the rules of the 'club' we joined.
To be honest, there is piss all we can say as far as I can see. As a layman (effectively as far as this stuff goes), unless we have friendly lawyers who won't leech us, let's just let it go.
bladeswench
Member
Does anyone else see the irony in Tevez going to Man U?
- Admin
- #24
Irony fully noted and I'm sure the Blades will be watching the impending transfer with interest, to see where the cash goes!
been mentioned in the papers and on the news that we arent the only ones keeping an eye on the destination of the money. The PREM are also keeping close tabs on it.
This whole thing looks to be far fro over. Apparently the prem are looking into it, because if the money DOESNT end up at WHU then that will mean 2 things: -
1: WHU covered up again and in doing so could be subject to a fresh hearing anyway
2: The prem will have VERY VERY VERY VERY VERY VERY red faces
SouthEssexBlade
...for wit and sage wisdom
- Admin
- #27
The problem being, as I'm sure you're aware with your experiences, there is no black/white right/wrong in law. In criminal law, "beyond reasonable doubt" is the benchmark for a guilty verdict but in civil law, the weight of evidence does not have to be that strong... one side just has to prove there is more evidence that their side is correct than the other.
I suppose this is where the famed contract documents could come into play... (are Sir Alex and Bryan Robson friends
)Courts do tend to have a problem in questions of pure economic loss but they don't tend to have the definite figures of loss like we do. We're missing out on the TV money and we missed out on 17th place... easily calculated.
McCabe is only wanting to protect the monetary interests of himself, his shareholders and Sheffield United PLC/FC. The footballing side of the matter is now dealt with, we're in the Championship. But if we can push for compensation, with the sympathetic hearing at the arbitration panel, there's always a chance we could get something. If not, we know that every avenue possible has been explored.
- Admin
- #29
Its all about the money.
Yes, you very rarely take civil court actions for anything else...
not to mention the 5000+ who will not be going to the games + the sponsorship
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