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Gang of four's legal threat is weakened by another Tevez tour de force
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08 May 2007
They were drawing up a statement confirming their confidence in the decision not to deduct points from West Ham for breaking two rules in signing the striker last August and their ability to defend it in court.
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In the spotlight: Carlos Tevez shares a joke on the training ground with Anton Ferdinand
The Upton Park club, who moved out of the bottom three with the 3-1 win over Bolton on Saturday, were fined £5.5million for failing to adhere to the league's good faith and third-party ownership laws.
But Premiership lawyers, after examining the written legal challenge from Fulham, Charlton, Wigan and Sheffield United, are comfortable Tevez's contract now does not allow the possibility of any external influence over West Ham.
They insist this is the crucial point and means the fight for Premiership survival will be decided on the pitch, not in the courts.
The threat of legal action appears to be receding anyway after Charlton's relegation last night, with their defeat by Tottenham also making Fulham safe.
Both were among the gang of four who wrote to the Premier League threatening legal action under Companies Act section 459.
This is designed to protect minority shareholders from "unjustly prejudicial" actions by the majority.
As members of the Premier League, they saw the decision not to deduct points from West Ham as affecting them in that light.
The best they could initially expect from a successful legal challenge would be a re-investigation of Tevez's contract, which they claim is still owned by a third party, businessman Kia Joorabchian.
However, results over the weekend altered the relegation picture and having to share the potential seven-figure cost of action is thought likely to scare off Fulham now they stand to benefit little from any judgement.
The same could happen to Charlton as a points deduction for West Ham would only save one club from the drop and they are second from bottom by two points with a game to go.
Wigan or Sheffield United will still feel aggrieved if they go down instead of West Ham but it remains to be seen if there is solidarity between them or either would pursue a legal challenge unilaterally.
West Ham are adamant there has never been any question of Tevez's eligibility to play for them.
The main contract was submitted to the Premier League at the time he and Javier Mascherano were signed but the problem concerned side contracts between the club and the offshore companies which owned the players, the details of which were not revealed at the time.
Tevez's future remained uncertain today even if Alan Curbishley's team earn the point they need for survival at Old Trafford on Sunday.
Chairman Eggert Magnusson says he would like to keep the iconic Argentinian and will begin negotiations with Joorabchian, the businessman who owns the player's financial rights, should the club stay up.
Tevez, who was voted Hammer of the Year by the fans, has quickly become a huge favourite and has said he would like to stay.
The situation would become academic if West Ham, who have won six of their past eight matches, are beaten by United and Wigan win at Sheffield United.
Should Curbishley's team earn at least a draw however, that would ensure survival and kick-start Magnusson's bid to keep Tevez.
There would be no shortage of interest in the talented South American if proposed talks hit problems.
Liverpool manager Rafa Benitez, for example, moved quickly in January to sign Mascherano on a similar loan deal and would surely be interested in taking Tevez during the close season.
It also emerged today that Tevez was close to not playing against Bolton.
Tevez, who scored two goals and set up Mark Noble for the third, injured an ankle in training during the week and club physiotherapist Steve Allen said: "It didn't look good for a time. On Tuesday, Carlos couldn't put his foot to the ground."
Allen worked on Tevez the following day and arranged for the striker to undergo treatment in an oxygen tent.
"That was why Carlos ran over to me after he scored his first goal," he said. "I worked with him for most of the week and I suppose he was just grateful. It was a nice gesture."
Curbishley said: "Carlos has galvanised the crowd for us. All I've done was ask him to play further up the pitch, which he's done to great effect."
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