Blades mull court action after losing relegation appeal
Sheffield United have been advised against taking their fight for Premier League reinstatement to the courts. An arbitration panel yesterday dismissed their claim that West Ham should have been deducted points for breaking rules over the signings of Carlos Tevez and Javier Mascherano.
The Blades, relegated on the final day of last season, claimed the original decision to only fine West Ham £5.5m was "perverse". They also argued that Tevez should have been de-registered for the final three matches of the season, when he played an integral role in keeping West Ham in the Premiership.
United, who are now "considering the findings with professional advisors", appear particularly frustrated that the arbitration panel upheld the original judgement despite agreeing that West Ham should have been docked points. But the litigation lawyer David Sheahan believes the three-man panel acted correctly and a judge would reach the same conclusion.
"There are a number of avenues open to Sheffield United but wherever they turn I believe they will be faced with the same conclusion," said Sheahan. "They could go to court but from the reasoning I have seen I think they would struggle there. The courts don't want to get involved in issues like this.
"You still have the fundamental principle that what the independent commission did [in deciding not to dock West Ham points] was not wrong. Everyone else may have done something different but it was a reasonable conclusion. There had been no precedent.
"The tribunal panel was effectively made up of people who would be judges. As far as I am aware they used the same sort of test as a judicial review and that is the conclusion they have still reached."
Sheahan added that United may decide that even the smallest chance of a positive result in court would be worth the effort given the huge sum at stake. The new television contract kicks in next season and the team that finishes bottom of the Premiership is guaranteed £35m - the amount Manchester United earned for winning the title last season.
"This may not be the end of it. Sheffield United will look at the cost-benefit analysis and may decide to take the case further," Sheahan added. The original panel were at liberty to impose any sanction they felt "proportionate and appropriate" because there was no precedent and nothing within the Premier League regulations stipulated what the punishment should be.
An added consequence of the panel's decision is likely to be the cut-price departure of Phil Jagielka, who has a clause in his contract that allows him to leave Bramall Lane for £4m in the event of relegation.
Favourites to re-sign the versatile defender are Everton, who released Jagielka as a schoolboy and will not have to meet United's £6m valuation if their return to the Championship has been confirmed.
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