Post by thales on Nov 26, 2008 12:33:22 GMT -1
Sheffield United won a high court victory over West Ham in the Carlos Tevez affair today. Mr Justice Teare granted a temporary order stopping the Hammers appealing to the Court of Arbitration for Sport (CAS) over a ruling that they had breached Premier League rules in hiring the Argentine.
This will allow Sheffield United to go ahead with their arbitration claim for damages over their relegation from the Premier League last season. The court battle over whether the arbitration tribunal's findings can be appealed to CAS is expected to return to the high court for a full trial next year when Sheffield United will be seeking a permanent injunction.
An independent tribunal had ruled that Tevez was not eligible to play for West Ham at the end of the 2006-07 season. Tevez, who now plays for Manchester United, was deemed to have played a key part in the London club's Premier League survival as the Blades were relegated. Sheffield United are expected to claim up to £30m from the Hammers, but this will be assessed at a future arbitration hearing in private.
Sheffield United went to the high court to stop West Ham from appealing the arbitration tribunal's findings that hiring Tevez was in breach of Premier League rules and United were entitled to recover damages. When West Ham filed an appeal from the arbitration decision to the CAS in Switzerland, United claimed this was a breach of the arbitration agreement between the clubs and that the CAS had no jurisdiction to hear such an appeal.
The judge granted Sheffield United's application for a temporary order restraining West Ham from taking any further steps to pursue an appeal or challenge the tribunal's findings other than by way of an application to the high court.
www.guardian.co.uk/football/2008/nov/26/sheffieldunited-westhamunited
This will allow Sheffield United to go ahead with their arbitration claim for damages over their relegation from the Premier League last season. The court battle over whether the arbitration tribunal's findings can be appealed to CAS is expected to return to the high court for a full trial next year when Sheffield United will be seeking a permanent injunction.
An independent tribunal had ruled that Tevez was not eligible to play for West Ham at the end of the 2006-07 season. Tevez, who now plays for Manchester United, was deemed to have played a key part in the London club's Premier League survival as the Blades were relegated. Sheffield United are expected to claim up to £30m from the Hammers, but this will be assessed at a future arbitration hearing in private.
Sheffield United went to the high court to stop West Ham from appealing the arbitration tribunal's findings that hiring Tevez was in breach of Premier League rules and United were entitled to recover damages. When West Ham filed an appeal from the arbitration decision to the CAS in Switzerland, United claimed this was a breach of the arbitration agreement between the clubs and that the CAS had no jurisdiction to hear such an appeal.
The judge granted Sheffield United's application for a temporary order restraining West Ham from taking any further steps to pursue an appeal or challenge the tribunal's findings other than by way of an application to the high court.
www.guardian.co.uk/football/2008/nov/26/sheffieldunited-westhamunited
Forever without exception. x
move on sour blades ;D ;D
