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23 April 2009 / Ian Cater
Issue: 7366 / Categories: Opinion , Costs
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A sporting chance for claimants

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Ian Cater says sport competitors and fans should welcome, not fear, the implications of the Tevez decision

The long-running dispute over the Carlos Tevez affair finally ended last month when Sheffield United Football Club reached an out-of-court settlement with West Ham United Football Club. This followed the decision by an independent arbitral tribunal in September 2008 that Sheffield United could recover damages from West Ham for its breaches of the FA Premier League (FAPL) Rules.

The tribunal’s decision led many in the media to criticise both Sheffield United and the tribunal for exposing the world of sport to the risk of a flood of unwanted litigation. Concerns were raised that if West Ham’s breaches were responsible for Sheffield United’s relegation, then a host of other claimants could also be compensated, ranging from season ticket holders to burger sellers. These fears are unfounded. Claimants will still have to pass long-established legal tests to succeed in an action for breach of contract or negligence.

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