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An arbitration panel has dismissed an appeal by Sheffield United over the Premier League's decision not to dock West Ham points over the signings of Carlos Tevez and Javier Mascherano. Sheffield United also lost another claim, made jointly with Fulham, that the Premiership should have forced West Ham to de-register Tevez. The panel did not have the power to change West Ham's punishment but could have ordered a new independent commission to judge the case. That would have meant the whole matter dragging on until near the start of the season with the potential for chaos in terms of the composition of the top two leagues. Some Blades thought they might get compensation, but that would have also involved an admission that the original decision was wrong. The main fault was taking so long to convene the original panel. The Premiership will also have to think about the question of third party ownership of players which is quite common in Latin America.
The tribunal said they had 'sympathy' with the Blades, while West Ham had been 'deliberately deceitful'. But they said that they could not rule that the independent commission had been wrong to fine rather than deduct points from the Hammers. The tribunal had to apply the principles of judicial review and determine whether the decision was irrational or perverse. The tribunal commented, 'This is a very strict test and difficult to satisfy. It concluded that it was impossible for this tribunal to find that the decision was irrational or perverse.' In relation to the claim made by Sheffield United and Fulham that the Premiership should have immediately terminated Tevze's registration, the tribunal ruled that they had acted reasonably in allowing the Argentina striker to play in the last three games of the season.
Sheffield United may sue the Premiership and West Ham for compensation after their court bid to be reinstated to the Premiership failed. The Blades were refused permission by the High Court to appeal the decision of an arbitration panel to dismiss their claims over the Carlos Tevez affair. The court decided that in making the ruling no error of law was made and it denied a request to take the case to the Court of Appeal. This was not entirely a surprise as the appeal was made on a narrow point of law. The club have estimated that relegation will cost them £50 million. Sheffield United could argue that each club entered into an agreement to act in good faith with other clubs and hat agreement was broken when West Ham admitted breaching the rules in the transfer of Tevez and Mascherano. They may also argue that West Ham breached their contract with the Premiership.
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