NORTH WEST law firm Brabners Chaffe Street advised Wigan Athletic in a landmark case before FIFA involving defender Andrew Webster brought by his former club, Heart of Midlothian.
FIFA ordered Scotland international Webster to pay £625,000 in compensation and suspended him from playing for two weeks from the start of next season after he terminated his Hearts’ contract and joined Wigan. Wigan were cleared of any wrongdoing.
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The Webster case clarifies the situation regarding players leaving their clubs while still under contract but after the so-called ‘protected period’ – three years for players who sign a contract under the age of 28 and two years for players older than 28. A notice must be served within fifteen days from the end of the season before a player can invoke the ruling and compensation would then be payable.
The world players’ union, FIFPro, regards the Webster case as the next step on from the 1995 Bosman ruling which declared that players could move freely at the end of their contract.
Matthew Bennett, a partner at Brabners Chaffe Street’s Manchester office, said: “We are obviously pleased that FIFA has cleared Wigan of any wrongdoing in its signing of Andrew Webster. An appeal to the Court of Arbitration for Sport may occur. It is the first time that this FIFA Regulation has been truly tested and it will be interesting to see how the assessment of compensation in this area now develops.�
The Webster ruling comes at the end of a year of significant growth for Brabners Chaffe Street’s specialist football team.
The team’s work has seen it criss-crossing the globe handling a number of pioneering transfer deals and providing advice to national leagues in countries such as South Africa and Nigeria.
Among some of the highlights of the past year are:
• Advising Manchester United in respect of its dispute with Chelsea regarding John Obi Mikel and the related proceedings at FIFA
• Advising Bolton in relation to the BBC Panorama programme
• Liverpool’s acquisition of Javier Mascherano, including securing an exemption to the FIFA Regulation which restricts the number of clubs for which a player can play in a 12-month period
• Advising Manchester United on the successful renegotiation of Cristiano Ronaldo’s contract
• Representing Glasgow Rangers’ goalkeeper, Allan McGregor, in a successful appeal against suspension at a hearing at UEFA’s offices in Switzerland
• Appearing before the Court of Arbitration for Sport in Switzerland on a number of different cases
• Advising the Association of European Professional Football Leagues on legal developments at EU level including the implications of the EC White Paper on Sport
• Working closely with national associations and leagues in South Africa, Nigeria and Qatar and with the Asian Football Confederation.
The achievements have come in the year since the 30-strong sports and commercial team from James Chapman & Co, headed by Maurice Watkins, merged with Brabners Chaffe Street.
Edward Canty, a partner at Brabners Chaffe Street, said: “Our work has ranged across a number of areas and countries.
“We have played an important role in some very high profile regulatory matters over the last 12 months including several major disputes and player deals.
“We are also finding that our work is taking us to all corners of the globe appearing before sport tribunals in disciplinary cases and contract disputes and helping governing bodies in Nigeria and South Africa and the Asian Football Confederation put the correct structures and constitutions in place.�
In addition to Maurice, Matthew and Edward, the other members of the football team who have advised on these cases include Carol Couse, David Bentham, Stuart Baird and Matt Hargreaves