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Hammers ready for court row
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25 July 2007
Tevez's representatives, Media Sports Investments, served a writ on the club alleging breach of contract following the termination of a third-party agreement last April.
Eye of the storm: Carlos Tevez is the centre of a row that looks to be heading to the High Court
The move is the latest twist in the bitter row that has split English football and badly damaged Manchester United's chances of signing the striker before the start of the season.
West Ham look certain to fight the case - which centres on Tevez's contract at Upton Park - and believe they have strong grounds.
The 23-year-old is registered as a West Ham player, but MSI claims his economic rights and entitlement to a £20million transfer fee from Old Trafford.
However, West Ham say the agreement they had with MSI - which broke Premier League rules - was ripped up in April and believe any deal with United should benefit them.
The club's stance on Tevez's contract emerged during the Premier League's inquiry last April, which ended with West Ham fined £5.5million for breaking two regulations.
Defending the Hammers, James Sturman QC claimed the agreements reached between the club and MSI - when Tevez and Javier Mascherano were signed in August - were "unenforceable" by law.
The barrister suggested a number of clauses, some connected to the third party agreements they were fined over, represented a restraint of trade and meant the contracts were not valid under employment law.
These included:
- not allowing either the player or the club to terminate the contract, only MSI and its partner company Just Sports Inc could end the agreement.
- clauses which effectively gave MSI the right to move Tevez to a club of their choosing without any right of objection on the player's part.
The club will also take heart from the view of Simon Bourne-Arton QC, who chaired the three-man commission, and appeared to be sympathetic.
Bourne-Arton said: "We see considerable force in Mr Sturman's arguments. On the face of the documents, there are clauses that appear to us to be an obvious restraint of trade."
MSI will, however, reject this view with sources close to the company insisting the contract is "totally legal".
Solicitor Graham Shear, who is representing MSI and Just Sports Inc, said: "The companies seek the court's intervention to compel West Ham to release the registration of Carlos Tevez in accordance with contracts entered into between the parties."
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