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Premiership Footballers can take it or leave it.

John Hendrie, LCF Sports Law Consultant comments on the implications of the recent dispute with FIFA.

As the usual pre season excitement of signing and transfers reaches a climax, it is well worth remembering that, this year a question mark has been raised over the way players can get themselves out of their contractual obligations.

It all began when FIFA ordered Wigan and ex Hearts player Andy Webster to pay Heart of Midlothian FC £625,000 in compensation for breaching his employment contract without just cause.  

Webster still had a year of his contract to run at Hearts, but as he is under 28 years old he could quite legitimately leave in the third year  of his contract, as along as he had given the correct period of notice. In order to do so he had to serve his notice within 15 days from the final match of his club's season.  


Webster was four days late.


Webster is now considering challenging the order by taking his dispute to the Court of Arbitration of Sport.  If he does and the outcome is favourable, it could radically change the way transfers and contracts are managed.  More importantly some very big names could be looking at the outcome with considerable interest!


The last time there was this much interest in the legalities of transfers and contracts was well over 10 years ago when the European Court of Justice ruled that RFC Liege could not prevent Jean-Marc Bosman transferring to Dunkerque.

It will be worth watching the next transfer window in January.

 

 

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John hendrie

John Hendrie can be contacted regarding this topic or any other Sports Law matter you may have : Email: Sports@lcf.co.uk

 

 

 

 

 


 
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