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West Ham takes appeal case to CAS- 25 Sep 2008 00:00:00

West Ham are to appeal to the Court of Arbitration for Sport over the independent tribunal ruling that dictates the club must pay Sheffield United a reported £30m in compensation over the fielding of Carlos Tevez.

United claim Tevez was not eligible to play at the end of the 2006/07 season, when he played a key role in West Ham's top flight survival at their expense.

Any decision whether to hold a hearing would be at CAS's discretion.

‘While we respect the judgement of the FA arbitration panel, we do not accept that one player's contribution can be placed over that of the team as a whole nor used as the basis for judging the results of a 38-game season,’ said a West Ham statement.

‘This ruling undermines the significant efforts of our entire playing squad and coaching staff over the duration of the 2006/07 Premier League season and does not take sufficient account of the performances of the other 19 clubs in the competition.

‘We acknowledge again that the club broke Premier League rules in the original signing of Carlos Tevez but we were dealt with accordingly by an independent Premier League commission and accepted the significant punishment handed down at that time.

‘In light of this and the wider implications of this latest ruling for English football we have decided to ask that the case be considered by the Court of Arbitration for Sport.’

It had been thought that West Ham might be unable to appeal the tribunal's decision, with the Football Association's rule K5c stating that by signing up to arbitration, ‘the parties shall be deemed to have waived irrevocably any right to appeal, review or any recourse to a court of law’.

A three-man Premier League arbitration panel fined the West Ham £5.5m, but did not dock them points, and they went on to survive the drop on the final day, while Sheffield United were relegated.

Having failed in their attempt to have the original punishment overturned, the Yorkshire club invoked a Football Association rule that allows clubs with a legal dispute to go before an independent tribunal.

 

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