silverfox
Well-Known Member
From the mail.................
They also have the tribunal in full here.........http://www.dailymail.co.uk/sport/fo...-affair-tribunal-judgement-FULL.html?ITO=1490
IN THE MATTER OF AN ARBITRATION UNDER RULE K OF THE RULES OF THE FOOTBALL ASSOCIATION AND IN THE MATTER OF THE ARBITRATION ACT 1996
B E T W E E N:
SHEFFIELD UNITED FOOTBALL CLUB LIMITED Claimant
- and -
WEST HAM UNITED FOOTBALL CLUB PLC Respondent
____________________________________
PARTICULARS OF QUANTUM OF LOSS ____________________________________
Expressions defined in the Points of Claim are used with the same meanings in these particulars
1. These particulars set out Sheffield's current best estimate of the loss and damage that it has suffered and will continue to suffer during the 2007/2008 Championship season by reason of West Ham's breaches of the FAPL Rules pleaded in the Points of Claim. The total of the figures quantified in these particulars is £30,396,897.32.
2. Sheffield reserves the right to serve further particulars setting out additional loss and damage that it may suffer in future seasons. The amount of that additional loss and damage will depend on whether Sheffield achieves promotion to the Premier League for the 2008/2009 season and will only become clear at that time.
3. The particulars in paragraphs 4 to 24 below quantify the loss and damage pleaded in sub-paragraphs 74(1) to 74(10) of the Points of Claim. The particulars in paragraphs 25 and 26 below allege an additional head of loss and damage that was not pleaded in paragraph 74 of the Points of Claim. PYS/JFR/47163.00007 Page 2 HEADS OF LOSS PLEADED IN PARAGRAPH 74 OF THE POINTS OF CLAIM Lost payments under the FAPL Rules (sub-paragraph 74.1)
4. Had Sheffield remained a member of the Premier League during the 2007/2008 season, it would have received pursuant to section C of the FAPL Rules the following payments totalling £21,788,795:
(1) £6,722,992 from the "Basic Award Fund" pursuant to rule 34.1 of the FAPL Rules. This amount is the difference between the half share in the "Basic Award Fund" that Sheffield has received as a relegated club and the full share that it would have received had it remained a member of the Premier League.
(2) £484,182 from the "Merit Payments Fund" pursuant to rule 34.2 of the FAPL Rules. This amount represents the additional share in the "Merit Payments Fund" that Sheffield would have received had it finished in 17th position rather than 18th position in the Premier League at the end of the 2006/2007 season.
(3) A further £2,881,284 from the "Merit Payments Fund" pursuant to rule 34.2 of the FAPL Rules. This amount is calculated on the assumption that, had Sheffield not been relegated at the end of the 2006/2007 season, it would have finished in 17th position in the Premier League at the end of the 2007/2008 season. It would consequently have been entitled to 4 shares in the "Merit Payments Fund", each of which would have been worth £720,321.
(4) £5,235,782 from the "Facility Fees Fund" pursuant to rule 34.3 of the FAPL Rules. This amount has been calculated on the basis that, if Sheffield had been a member of the Premier League during the 2007/2008 season, 10 of its matches would have been transmitted live, 10 would have been transmitted on the BBC and 28 would have been transmitted "near live". PYS/JFR/47163.00007 Page 3
(5) £4,669,023 from the "Overseas Broadcasting Money" pursuant to rule 36 of the FAPL Rules. This amount is the difference between the half share in the "Overseas Broadcasting Money" that Sheffield has received as a relegated club and the full share that it would have received had it remained a member of the Premier League during the 2007/2008 season.
(6) £452,640 from the "Title Sponsorship Money" pursuant to rule 38 of the FAPL Rules. This amount is the difference between the half share of the "Title Sponsorship Money" that Sheffield has received as a relegated club and the full share that it would have received had it remained a member of the Premier League during the 2007/2008 season.
(7) £1,342,892 from the "Commercial Contract Money" and the "Radio Contract Money" pursuant to rules 40 and 43 respectively of the FAPL Rules.
5. Sheffield will give credit in the sum of £1,284,926 for the payments that it has received or will receive from the Football League as a Championship club during the 2007/2008 season.
6. Under this head of loss and damage, Sheffield accordingly claims £20,503,868, being the difference between £21,788,795 and £1,284,926. Lost revenue from ticket sales (sub-paragraph 74.2)
7. Sheffield's income from ticket sales during the 2007/2008 Championship season will be lower than it would have been had Sheffield remained a member of the Premier League. Sheffield's ticket sales comprise match-day and season tickets. It will sell fewer of both types of ticket for the 2007/2008 season because demand is lower for Championship matches than for Premier League fixtures. Similarly, the prices that Sheffield can PYS/JFR/47163.00007 Page 4 charge for both types of ticket are lower than they would have been had Sheffield remained a member of the Premier League during the 2007/2008 season.
8. Under this head of loss and damage, Sheffield claims £2,239,746.83, which comprises the following: (1) £1,172,798.83 for lost income from match-day ticket sales; and (2) £1,066,948 for lost income on season ticket sales.
9. Further, following its relegation from the Premier League at the end of the 2006/2007 season, and in order to mitigate its lost income from ticket sales, Sheffield sold season tickets for the 2007/2008 Championship season on the basis that purchasers would be entitled to receive half-price season tickets for the 2008/2009 Premier League season if Sheffield achieved promotion. Sheffield accordingly reserves the right to plead its lost income from season ticket sales for the 2008/2009 season if it is promoted to the Premier League at the end of the 2007/2008 season. Lost profit from sponsorship, catering and merchandising (sub-paragraph 74.3)
10. Sheffield's income from sponsorship and private boxes, and its profit from catering and the sale of merchandise, will be less during the 2007/2008 Championship season than they would have been had Sheffield remained a member of the Premier League. Demand is lower for these products now Sheffield is a Championship club rather than a Premier League club, in part because average attendances at home matches are lower. The prices that Sheffield can command for these products are also lower.
11. Under this head of loss and damage, Sheffield claims £1,481,789, which comprises the following:
(1) £994,199 for lost income from team sponsorship and advertising revenue; PYS/JFR/47163.00007 Page 5
(2) £253,075 for lost profit on sales of Sheffield's merchandise and match-day programmes;
(3) £121,300 for lost income from sales of private boxes;
(4) £80,015 for lost profit on catering at Sheffield's home matches; and
(5) £33,200 for lost income from match-day sponsorship. Lost value of players (sub-paragraph 74.4)
12. As a result of its relegation at the end of the 2006/2007 season, Sheffield lost approximately half of the value of its most valuable player, Phil Jagielka. Under the terms of the player contract between Sheffield and Mr Jagielka, if Sheffield was relegated from the Premier League at the end of the 2006/2007 season, it was obliged to facilitate his transfer to any club that offered £4 million. Following Sheffield's relegation at the end of the 2006/2007 season, Everton FC purchased Mr Jagielka for that amount. Sheffield estimates that Mr Jagielka's true market value at the end of the 2006/2007 season was at least £8 million.
13. Under this head of loss and damage, Sheffield accordingly claims £4 million, being the difference between the estimated market value of Mr Jagielka when Sheffield sold him and the price that Sheffield received from Everton FC. Additional compensation payments to management (sub-paragraph 74.5)
14. Sheffield is liable to pay substantial bonuses to its existing manager and assistant manager if it achieves promotion to the Premier League at the end of the 2007/2008 season. This liability would not exist if Sheffield had not been relegated at the end of the 2006/2007 season. Sheffield accordingly reserves the right to plead its loss in this regard if it is promoted to the Premier League at the end of the 2007/2008 season. PYS/JFR/47163.00007 Page 6 Additional expenses for home fixtures (sub-paragraph 74.6)
15. Sheffield will incur expenses for the additional 4 home league matches that it will host as a Championship club during the 2007/2008 season that it would not have hosted had it been a member of the (smaller) Premier League. These expenses cover, in particular, the presence of stewards, the police and the ambulance service.
16. Under this head of loss and damage, Sheffield claims £23,651. For the avoidance of doubt, this sum is net of the extra revenue that Sheffield will receive from the additional 4 home league matches that it will host during the 2007/2008 Championship season. Additional financing costs (sub-paragraph 74.7)
17. Sheffield has paid and will continue to pay higher interest charges on loans made to it during the 2007/2008 Championship season than it would have paid had it remained a member of the Premier League. By reason of its relegation at the end of the 2006/2007 season, Sheffield was obliged to repay in full a loan of £5 million from its bankers and to obtain alternative financing of £10 million from another lender, SDG Caledonia. Had Sheffield remained a member of the Premier League during the 2007/2008 season, it would have been obliged to repay only £2 million of the loan from its bankers and would not have required any financing other than the remaining £3 million of that loan.
18. Under this head of loss and damage, Sheffield claims £577,753.51, being the difference between the interest payments that it will make to SDG Caledonia during the 2007/2008 Championship season and the interest payments that it would have made to its bankers under the £3 million loan had it remained a member of the Premier League. PYS/JFR/47163.00007 Page 7 Reduced grants (sub-paragraph 74.8)
19. Sheffield will receive lower youth academy and community funding grants as a Championship club during the 2007/2008 season than it would have done had it been a member of the Premier League.
20. Under this head of loss and damage, Sheffield claims £337,048, being the difference between the grant payments that it will receive during the 2007/2008 Championship season and the grant payments that it would have received had it been a member of the Premier League. Additional cost of the Football League's ticket levy (sub-paragraph 74.9)
21. Sheffield is obliged to pay to the Football League a levy of 3% on its income from league match ticket sales during the 2007/2008 Championship season. The FAPL does not impose such a levy on members of the Premier League. Had Sheffield not been relegated at the end of the 2006/2007 season, it would accordingly not have had to pay a levy.
22. Under this head of loss and damage, Sheffield claims £175,448.62, being its estimate of the amount that it will have to pay to the Football League on ticket sales for the 2007/2008 Championship season. Lost business opportunities (sub-paragraph 74.10)
23. Sheffield lost the opportunity to earn fees from an overseas tour prior to the 2007/2008 season. Had Sheffield not been relegated at the end of the 2006/2007 season, it would have received one or more invitations to play in pre-season matches overseas. Sheffield's best estimate of the fees that it would have earned from such matches is £500,000 plus expenses. Sheffield received no such invitation following its relegation PYS/JFR/47163.00007 Page 8 and was obliged, on the contrary, to organise a short tour to the Republic of Ireland at its own expense for which it did not receive a fee.
24. Under this head of loss and damage, Sheffield claims £531,989.90, being the sum of the estimated fees that Sheffield would have earned for pre-season matches as a Premier League club and the expenses that it incurred for its tour to the Republic of Ireland as a Championship club.
ADDITIONAL HEAD OF LOSS
25. Sheffield has paid legal fees and expenses in connection with its unsuccessful challenge to the Disciplinary Decision. Had West Ham not acted in breach of the FAPL Rules as alleged in the Points of Claim, Sheffield would not have incurred those fees and expenses.
26. Under this head of loss and damage, Sheffield claims £525,602.46, being the sum of its own legal fees, the legal fees of other parties that it was ordered to pay and has paid, and arbitrators' fees.
Served this 17th day of December 2007 by Denton Wilde Sapte LLP of One Fleet Place, London EC4M 7WS, solicitors for the Claimant.
They also have the tribunal in full here.........http://www.dailymail.co.uk/sport/fo...-affair-tribunal-judgement-FULL.html?ITO=1490
IN THE MATTER OF AN ARBITRATION UNDER RULE K OF THE RULES OF THE FOOTBALL ASSOCIATION AND IN THE MATTER OF THE ARBITRATION ACT 1996
B E T W E E N:
SHEFFIELD UNITED FOOTBALL CLUB LIMITED Claimant
- and -
WEST HAM UNITED FOOTBALL CLUB PLC Respondent
____________________________________
PARTICULARS OF QUANTUM OF LOSS ____________________________________
Expressions defined in the Points of Claim are used with the same meanings in these particulars
1. These particulars set out Sheffield's current best estimate of the loss and damage that it has suffered and will continue to suffer during the 2007/2008 Championship season by reason of West Ham's breaches of the FAPL Rules pleaded in the Points of Claim. The total of the figures quantified in these particulars is £30,396,897.32.
2. Sheffield reserves the right to serve further particulars setting out additional loss and damage that it may suffer in future seasons. The amount of that additional loss and damage will depend on whether Sheffield achieves promotion to the Premier League for the 2008/2009 season and will only become clear at that time.
3. The particulars in paragraphs 4 to 24 below quantify the loss and damage pleaded in sub-paragraphs 74(1) to 74(10) of the Points of Claim. The particulars in paragraphs 25 and 26 below allege an additional head of loss and damage that was not pleaded in paragraph 74 of the Points of Claim. PYS/JFR/47163.00007 Page 2 HEADS OF LOSS PLEADED IN PARAGRAPH 74 OF THE POINTS OF CLAIM Lost payments under the FAPL Rules (sub-paragraph 74.1)
4. Had Sheffield remained a member of the Premier League during the 2007/2008 season, it would have received pursuant to section C of the FAPL Rules the following payments totalling £21,788,795:
(1) £6,722,992 from the "Basic Award Fund" pursuant to rule 34.1 of the FAPL Rules. This amount is the difference between the half share in the "Basic Award Fund" that Sheffield has received as a relegated club and the full share that it would have received had it remained a member of the Premier League.
(2) £484,182 from the "Merit Payments Fund" pursuant to rule 34.2 of the FAPL Rules. This amount represents the additional share in the "Merit Payments Fund" that Sheffield would have received had it finished in 17th position rather than 18th position in the Premier League at the end of the 2006/2007 season.
(3) A further £2,881,284 from the "Merit Payments Fund" pursuant to rule 34.2 of the FAPL Rules. This amount is calculated on the assumption that, had Sheffield not been relegated at the end of the 2006/2007 season, it would have finished in 17th position in the Premier League at the end of the 2007/2008 season. It would consequently have been entitled to 4 shares in the "Merit Payments Fund", each of which would have been worth £720,321.
(4) £5,235,782 from the "Facility Fees Fund" pursuant to rule 34.3 of the FAPL Rules. This amount has been calculated on the basis that, if Sheffield had been a member of the Premier League during the 2007/2008 season, 10 of its matches would have been transmitted live, 10 would have been transmitted on the BBC and 28 would have been transmitted "near live". PYS/JFR/47163.00007 Page 3
(5) £4,669,023 from the "Overseas Broadcasting Money" pursuant to rule 36 of the FAPL Rules. This amount is the difference between the half share in the "Overseas Broadcasting Money" that Sheffield has received as a relegated club and the full share that it would have received had it remained a member of the Premier League during the 2007/2008 season.
(6) £452,640 from the "Title Sponsorship Money" pursuant to rule 38 of the FAPL Rules. This amount is the difference between the half share of the "Title Sponsorship Money" that Sheffield has received as a relegated club and the full share that it would have received had it remained a member of the Premier League during the 2007/2008 season.
(7) £1,342,892 from the "Commercial Contract Money" and the "Radio Contract Money" pursuant to rules 40 and 43 respectively of the FAPL Rules.
5. Sheffield will give credit in the sum of £1,284,926 for the payments that it has received or will receive from the Football League as a Championship club during the 2007/2008 season.
6. Under this head of loss and damage, Sheffield accordingly claims £20,503,868, being the difference between £21,788,795 and £1,284,926. Lost revenue from ticket sales (sub-paragraph 74.2)
7. Sheffield's income from ticket sales during the 2007/2008 Championship season will be lower than it would have been had Sheffield remained a member of the Premier League. Sheffield's ticket sales comprise match-day and season tickets. It will sell fewer of both types of ticket for the 2007/2008 season because demand is lower for Championship matches than for Premier League fixtures. Similarly, the prices that Sheffield can PYS/JFR/47163.00007 Page 4 charge for both types of ticket are lower than they would have been had Sheffield remained a member of the Premier League during the 2007/2008 season.
8. Under this head of loss and damage, Sheffield claims £2,239,746.83, which comprises the following: (1) £1,172,798.83 for lost income from match-day ticket sales; and (2) £1,066,948 for lost income on season ticket sales.
9. Further, following its relegation from the Premier League at the end of the 2006/2007 season, and in order to mitigate its lost income from ticket sales, Sheffield sold season tickets for the 2007/2008 Championship season on the basis that purchasers would be entitled to receive half-price season tickets for the 2008/2009 Premier League season if Sheffield achieved promotion. Sheffield accordingly reserves the right to plead its lost income from season ticket sales for the 2008/2009 season if it is promoted to the Premier League at the end of the 2007/2008 season. Lost profit from sponsorship, catering and merchandising (sub-paragraph 74.3)
10. Sheffield's income from sponsorship and private boxes, and its profit from catering and the sale of merchandise, will be less during the 2007/2008 Championship season than they would have been had Sheffield remained a member of the Premier League. Demand is lower for these products now Sheffield is a Championship club rather than a Premier League club, in part because average attendances at home matches are lower. The prices that Sheffield can command for these products are also lower.
11. Under this head of loss and damage, Sheffield claims £1,481,789, which comprises the following:
(1) £994,199 for lost income from team sponsorship and advertising revenue; PYS/JFR/47163.00007 Page 5
(2) £253,075 for lost profit on sales of Sheffield's merchandise and match-day programmes;
(3) £121,300 for lost income from sales of private boxes;
(4) £80,015 for lost profit on catering at Sheffield's home matches; and
(5) £33,200 for lost income from match-day sponsorship. Lost value of players (sub-paragraph 74.4)
12. As a result of its relegation at the end of the 2006/2007 season, Sheffield lost approximately half of the value of its most valuable player, Phil Jagielka. Under the terms of the player contract between Sheffield and Mr Jagielka, if Sheffield was relegated from the Premier League at the end of the 2006/2007 season, it was obliged to facilitate his transfer to any club that offered £4 million. Following Sheffield's relegation at the end of the 2006/2007 season, Everton FC purchased Mr Jagielka for that amount. Sheffield estimates that Mr Jagielka's true market value at the end of the 2006/2007 season was at least £8 million.
13. Under this head of loss and damage, Sheffield accordingly claims £4 million, being the difference between the estimated market value of Mr Jagielka when Sheffield sold him and the price that Sheffield received from Everton FC. Additional compensation payments to management (sub-paragraph 74.5)
14. Sheffield is liable to pay substantial bonuses to its existing manager and assistant manager if it achieves promotion to the Premier League at the end of the 2007/2008 season. This liability would not exist if Sheffield had not been relegated at the end of the 2006/2007 season. Sheffield accordingly reserves the right to plead its loss in this regard if it is promoted to the Premier League at the end of the 2007/2008 season. PYS/JFR/47163.00007 Page 6 Additional expenses for home fixtures (sub-paragraph 74.6)
15. Sheffield will incur expenses for the additional 4 home league matches that it will host as a Championship club during the 2007/2008 season that it would not have hosted had it been a member of the (smaller) Premier League. These expenses cover, in particular, the presence of stewards, the police and the ambulance service.
16. Under this head of loss and damage, Sheffield claims £23,651. For the avoidance of doubt, this sum is net of the extra revenue that Sheffield will receive from the additional 4 home league matches that it will host during the 2007/2008 Championship season. Additional financing costs (sub-paragraph 74.7)
17. Sheffield has paid and will continue to pay higher interest charges on loans made to it during the 2007/2008 Championship season than it would have paid had it remained a member of the Premier League. By reason of its relegation at the end of the 2006/2007 season, Sheffield was obliged to repay in full a loan of £5 million from its bankers and to obtain alternative financing of £10 million from another lender, SDG Caledonia. Had Sheffield remained a member of the Premier League during the 2007/2008 season, it would have been obliged to repay only £2 million of the loan from its bankers and would not have required any financing other than the remaining £3 million of that loan.
18. Under this head of loss and damage, Sheffield claims £577,753.51, being the difference between the interest payments that it will make to SDG Caledonia during the 2007/2008 Championship season and the interest payments that it would have made to its bankers under the £3 million loan had it remained a member of the Premier League. PYS/JFR/47163.00007 Page 7 Reduced grants (sub-paragraph 74.8)
19. Sheffield will receive lower youth academy and community funding grants as a Championship club during the 2007/2008 season than it would have done had it been a member of the Premier League.
20. Under this head of loss and damage, Sheffield claims £337,048, being the difference between the grant payments that it will receive during the 2007/2008 Championship season and the grant payments that it would have received had it been a member of the Premier League. Additional cost of the Football League's ticket levy (sub-paragraph 74.9)
21. Sheffield is obliged to pay to the Football League a levy of 3% on its income from league match ticket sales during the 2007/2008 Championship season. The FAPL does not impose such a levy on members of the Premier League. Had Sheffield not been relegated at the end of the 2006/2007 season, it would accordingly not have had to pay a levy.
22. Under this head of loss and damage, Sheffield claims £175,448.62, being its estimate of the amount that it will have to pay to the Football League on ticket sales for the 2007/2008 Championship season. Lost business opportunities (sub-paragraph 74.10)
23. Sheffield lost the opportunity to earn fees from an overseas tour prior to the 2007/2008 season. Had Sheffield not been relegated at the end of the 2006/2007 season, it would have received one or more invitations to play in pre-season matches overseas. Sheffield's best estimate of the fees that it would have earned from such matches is £500,000 plus expenses. Sheffield received no such invitation following its relegation PYS/JFR/47163.00007 Page 8 and was obliged, on the contrary, to organise a short tour to the Republic of Ireland at its own expense for which it did not receive a fee.
24. Under this head of loss and damage, Sheffield claims £531,989.90, being the sum of the estimated fees that Sheffield would have earned for pre-season matches as a Premier League club and the expenses that it incurred for its tour to the Republic of Ireland as a Championship club.
ADDITIONAL HEAD OF LOSS
25. Sheffield has paid legal fees and expenses in connection with its unsuccessful challenge to the Disciplinary Decision. Had West Ham not acted in breach of the FAPL Rules as alleged in the Points of Claim, Sheffield would not have incurred those fees and expenses.
26. Under this head of loss and damage, Sheffield claims £525,602.46, being the sum of its own legal fees, the legal fees of other parties that it was ordered to pay and has paid, and arbitrators' fees.
Served this 17th day of December 2007 by Denton Wilde Sapte LLP of One Fleet Place, London EC4M 7WS, solicitors for the Claimant.
