Wednesday, March 05, 2008

Finally some Sense on Tevez Claims

Martin Samuel writing in today's Times is possibly the first journalist that I have read to question Kia Joorabchian's claims against West Ham rather than unquestioningly repeat his ludicrous accusations (e.g. see today's Mail).

Samuel suggests that Joorabachian like Sheffield United is chancing his arm and trying to frighten West Ham into coughing up some grubby cash.

"Sheffield United, like Joorabchian, want money, preferably in a settlement on the steps of the court, obtained if both parties shout loudly enough.

This has been Joorabchian's tactic since last summer. He claims to have a strong case, one that will send shock waves through football. In the circumstances, then, surely his best tactic would have been to have kept quiet, to have sprung his surprises in court, exposing a systematic attempt by West Ham's senior executives to lie and cheat. Instead he has conducted a campaign of vague insinuation through the media, going back to July, when he threatened to appear on Sheffield United's side in a High Court hearing."


Samuel's points out that Joorabchian is over one month overdue in handing in his particulars of claim document to the court which is normally handed in a week after launching an action. Therefore as no-one apart from Joorabchian and West Ham have seen the details of his actions he can continue to mouth off rubbish and papers like The Mail will continue to peddle it.

Essentially Joorabchian's claim seems to be that West Ham made verbal agreements to oil his already greasy palm and then failed to cough up. However as Samuel says,

"... because West Ham were attempting to persuade Tévez to stay and would have needed to keep lines of communication open with Joorabchian all conversations could be classed as the meanderings of pre-contractual negotiation, until an executed document is produced."

3 Comments:

At 8:54 AM, Anonymous portugal said...

great post- thanks for showing this. truth tends to come out eventually,if not sooner,then later.

an interesting question could be whether west ham wud have a case, and assuming they had a meritable case,the interest,to sue either Joorabchian or Sheffield United for their ongoing distortion of the facts. one cud argue that the lies peddled over mnay months impacted on our ability to deal in the transfer market.

the club have kept quiet for months on this, but it wud not surprise me ,if at the right time, west ham chose to really stick the boot in legally to either mccabe or joorabchian .

 
At 9:31 AM, Anonymous portugal said...

request- can u please try to find out where,if possible, tonite s liverpool fixture can be viewed on the net? thanks

 
At 7:25 PM, Anonymous Anonymous said...

As a hammers fan and a lawyer i thought that i would say my bit.

I have read this info and the comment made on the express (which was garbage) article on the same topic, and i do tend to agree.

It is not correct that Joorabchian (Dick Turpin) would have been out of time to serve the particulars of claim as he has threee months to do so, but often would you serve them at the same time as the claim....unless you have a reason not to.....like you dont have a case.

Text messages are not legal documentation as such but anything that prove the parties intentions at the time can be useful. I have to say that had a client come to me with a string of text messages apparently from a multi million pound buiness promising to pay £7.1million then I would not take a great deal of notice of it. I certainly would not be issuing claims on the back of it, unless i had some thing more to go on. They could have been sent by anyone? More importnantly, i think that he will have problems in convincing a court that he has made a multi million pound agreement with a large entity which is basically on the back of a fag packet.

Who does that? it is hard to accept that someone that purports to be a business whizz kid would take such risks. Why would he? I understand tha he says that the hammers were concerned about putting anything in writing as it could be used agaisnt them??? Why would this concern him? he does not care if it comes back and bites West ham on the bum, and if what he says is right and that west ham were desperate to keep Tevez playing them surely they would have signed anything.

I am not convinced and would eat my hat (and everyone elses) if a court is....annoyingly is appears entertaining for the journo's on lean news days.

As for the lies...yes i suppose West Ham could take some action if they could prove that they were lies, and they could prove that they have suffered loss as a result, but they are better of not giving credability to such dross by even responding.

 

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