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Hearts ready for Webster battle
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25 January 2007
Scotland defender Webster took advantage of Article 17 in FIFA's regulations for the status and transfer of players by leaving Hearts last summer to join Wigan. He has since moved on loan to Rangers.
FIFA imposed their fine on the 25-year-old on May 4, giving both parties the right to appeal within 21 days, and Hearts beat the deadline on Friday night by lodging their appeal with the Court of Arbitration for Sport in Lausanne, Switzerland.
A lengthy legal battle could now ensue, with the CAS having the final say in the unprecedented case which will determine whether Webster's move has a long-term impact on the transfer market, as Jean-Marc Bosman's wrangle with Belgium club side RFC Liege over a proposed move to Dunkerque has had since 1996.
A statement from Hearts emerged shortly after the CAS confirmed they were anticipating an appeal, with the Bank of Scotland Premier League club saying: "Hearts announce on Friday the club was to appeal the ruling of FIFA's dispute resolution chamber [DRC] relating to its claim against Andrew Webster and Wigan Athletic.
"The appeal was lodged with the Court of Arbitration for Sport in Lausanne. Hearts welcomes many aspects of the decision by the FIFA DRC, which was in favour of Hearts, aside from the level of compensation.
"It is the level of that compensation, and how it has been calculated, which is being disputed by the club. Hearts believes that, if allowed to stand, the effect on clubs caught in similar situations worldwide will be highly damaging with millions of pounds flowing out of the game.
"Hearts considers it is not clear how the compensation sum of £625,000 was calculated by FIFA under its own regulations. Furthermore, the club does not consider the compensation is adequate.
"In particular, in accordance with the applicable FIFA regulations, the club is of a view that Scots law - and the remedies which exist for breach of contract under Scots law - should have formed the basis of FIFA's assessment of compensation. Andrew Webster has been valued independently at between £4million and £5million."
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