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Paulie Walnut

PRESS RELEASE

 

Football ? Webster / Heart of Midlothian / Wigan

 

The CAS Issues its Decision:

 

Compensation of ?150,000 to be paid to Heart of Midlothian

 

 

Lausanne, 30 January 2008 ? The Court of Arbitration for Sport (CAS) has rendered its decision in the case involving the Scottish footballer Andrew Webster, Heart of Midlothian PLC (Hearts) and Wigan Athletic FC (Wigan) following the decision of Webster to terminate his contract with Hearts. The CAS has determined that an amount of ?150,000 has to be paid by Webster to Hearts as compensation for unilateral breach of contract.

 

In early 2001, Andrew Webster was transferred to Hearts for a fee of ?75,000 and engaged under a contract that was initially due to expire on 30 June 2005 but which the parties later agreed to extend until 30 June 2007. In April 2005, Hearts offered to extend again the Player?s contract for a further two seasons, until 2009, but no agreement was reached. Thereafter, during the Spring of 2006, the relations between the Player and the Club became difficult. On 26 May 2006, Webster notified Hearts that he had decided to unilaterally terminate his contract. On 9 August 2006, Webster signed a three-year contract with Wigan.

 

In November 2006, Hearts filed a claim against Webster and Wigan before the FIFA Dispute Resolution Chamber which decided on 4 April 2007 that Webster had to pay the amount of ?625,000 to Hearts for unilateral breach of contract.

 

On 24 and 25 May 2007, Wigan, Webster and Hearts each filed an appeal before the CAS. Hearts requested the payment of ?4.6 million in contractual damages, including a claim of ?4 million as the alleged replacement value for the Player and loss of opportunity to transfer him, while Wigan and Webster requested that the compensation be fixed at an amount representing no more than the residual value of his contract. The procedure was submitted to a Panel of CAS arbitrators composed of Mr Quentin Byrne-Sutton, Attorney-at-Law in Geneva, Switzerland (President), Mr Jean-Jacques Bertrand, Attorney-at-Law in Paris, France and the Hon. Michael Beloff QC, Barrister in London, United Kingdom. The parties, their witnesses and experts were heard at an oral hearing at the CAS headquarters in Lausanne on 17 and 18 October 2007.

 

In front of the CAS Panel it was undisputed by the parties that the case involved a unilateral termination of the contract by Webster, without cause, as provided by Article 17 of the FIFA Players? Status Regulations (PSR), and that the compensation had to be calculated in accordance with that provision. The Panel found that the termination of the contract was essentially generated by a mutual breakdown in trust between the Player and Hearts. It also considered that there was no evidence of bad faith on either side since the negotiations between Webster and Hearts had already broken down and the contract been terminated before Wigan first contacted the Player and made him an offer.

 

The CAS Panel underlined that the criteria listed in Article 17 of the FIFA PSR do not entitle a club or a player to unilaterally terminate an employment contract without cause; on the contrary, any such termination is clearly deemed a breach of contract, even outside the so-called ?Protected Period?, as in the present case. Therefore, the mission of the Panel was to determine the amount of compensation due to Hearts by Webster and/or Wigan.

 

The CAS Panel considered that in the circumstances of this case, the concepts of lost profit/replacement value of the Player could not be applied in determining the level of compensation, notably because they would result in a form of punitive damage or unjust enrichment, and found that the purchase amount paid by Hearts in 2001 for the Player had already been amortised over the initial contractual term. Moreover, the CAS Panel considered that the possible payment of training compensation was a separate issue from that of payment of compensation for unilateral breach regulated by Art. 17 of the FIFA PSR. The Panel therefore concluded that under Art. 17 of the FIFA PSR the most appropriate criterion to apply in determining the level of compensation owed to Hearts by Webster and/or Wigan was the remaining remuneration due to the Player under the employment contract upon its date of termination, which the parties referred to as the residual value of the contract, for the season 2006-2007. The parties having agreed in their submissions that the quantum of the residual value represented an amount of ?150,000, the Panel decided that it should be the amount of compensation payable to Hearts. The Panel found that Webster and Wigan are jointly and severally liable for the payment of such amount, in accordance with the terms of Art. 17 of the FIFA PSR.

 

The full award, with the grounds, is published on the CAS website (http://www.tas-cas.org, section Case Law).

 

 

 

 

 

.

 

 

For further information related to the CAS activity and procedures in general, please contact Mr. Matthieu Reeb, Secretary General, 28, Ch?teau de B?thusy, Avenue de Beaumont 2, 1012 Lausanne, Switzerland, Tel. : (41 21) 613 50 00; fax : (41 21) 613 50 01 or consult the CAS website : http://www.tas-cas.org.

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So what was his value at the time? Did we not knock back a bid of about 1.1M from the huns?

 

I'd probably go with the others who have suggested circa ?2 to ?2.5 M.

 

The truth is however that given what we now know of Vlads transfer negotiation skills, we may have received a bit more than that.

 

Today (if the ruling is out today) I'd be disappointed if Hearts were awarded less than ?2M. An award of over ?3M strts getting into the territory where we feel we have been favoured in the ruling. ?5M and more is jackpot time, and would be a huge GIRUY to webster wigan and rankers.

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is this a guess? If its not then fifa have blown open the transfer system.

 

It's on the Arbitration Website. Football transfers have effectively been abolished.

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Fine Scottish Wine
as it says

 

So you are saying they have dropped their original decision from over 600 thousand to 150? are you sure or have they added 150 on top of the original award.

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Hagar the Horrible

The Synic in me just wonders now that Fifa are close to a decision? Webster played in a reserve match yesterday, to get over the so call injury? co-incedence?

 

The question is The Transfer Window closes tommorow ?

 

Webster in on a year long loan,out of date tomorrow?

 

So have they already agreed an extention for a guy who has not played a league game for them yet and played less than 10 games in 2.5 years? Or are they going to sign him with the exact money "to Wigan" what Fifa will enforce to us? this being the case it proves the underhanded dealing Rangers wanted to manufacture the transfer by the back door and get him on the cheap? Well it has back fired well and truly!

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unbelievable:

 

PRESS RELEASE

 

Football ? Webster / Heart of Midlothian / Wigan

 

The CAS Issues its Decision:

 

Compensation of ?150,000 to be paid to Heart of Midlothian

 

 

 

 

Lausanne, 30 January 2008 ? The Court of Arbitration for Sport (CAS) has rendered its decision in the case involving the Scottish footballer Andrew Webster, Heart of Midlothian PLC (Hearts) and Wigan Athletic FC (Wigan) following the decision of Webster to terminate his contract with Hearts. The CAS has determined that an amount of ?150,000 has to be paid by Webster to Hearts as compensation for unilateral breach of contract.

 

In early 2001, Andrew Webster was transferred to Hearts for a fee of ?75,000 and engaged under a contract that was initially due to expire on 30 June 2005 but which the parties later agreed to extend until 30 June 2007. In April 2005, Hearts offered to extend again the Player?s contract for a further two seasons, until 2009, but no agreement was reached. Thereafter, during the Spring of 2006, the relations between the Player and the Club became difficult. On 26 May 2006, Webster notified Hearts that he had decided to unilaterally terminate his contract. On 9 August 2006, Webster signed a three-year contract with Wigan.

 

In November 2006, Hearts filed a claim against Webster and Wigan before the FIFA Dispute Resolution Chamber which decided on 4 April 2007 that Webster had to pay the amount of ?625,000 to Hearts for unilateral breach of contract.

 

On 24 and 25 May 2007, Wigan, Webster and Hearts each filed an appeal before the CAS. Hearts requested the payment of ?4.6 million in contractual damages, including a claim of ?4 million as the alleged replacement value for the Player and loss of opportunity to transfer him, while Wigan and Webster requested that the compensation be fixed at an amount representing no more than the residual value of his contract. The procedure was submitted to a Panel of CAS arbitrators composed of Mr Quentin Byrne-Sutton, Attorney-at-Law in Geneva, Switzerland (President), Mr Jean-Jacques Bertrand, Attorney-at-Law in Paris, France and the Hon. Michael Beloff QC, Barrister in London, United Kingdom. The parties, their witnesses and experts were heard at an oral hearing at the CAS headquarters in Lausanne on 17 and 18 October 2007.

 

In front of the CAS Panel it was undisputed by the parties that the case involved a unilateral termination of the contract by Webster, without cause, as provided by Article 17 of the FIFA Players? Status Regulations (PSR), and that the compensation had to be calculated in accordance with that provision. The Panel found that the termination of the contract was essentially generated by a mutual breakdown in trust between the Player and Hearts. It also considered that there was no evidence of bad faith on either side since the negotiations between Webster and Hearts had already broken down and the contract been terminated before Wigan first contacted the Player and made him an offer.

 

The CAS Panel underlined that the criteria listed in Article 17 of the FIFA PSR do not entitle a club or a player to unilaterally terminate an employment contract without cause; on the contrary, any such termination is clearly deemed a breach of contract, even outside the so-called ?Protected Period?, as in the present case. Therefore, the mission of the Panel was to determine the amount of compensation due to Hearts by Webster and/or Wigan.

 

The CAS Panel considered that in the circumstances of this case, the concepts of lost profit/replacement value of the Player could not be applied in determining the level of compensation, notably because they would result in a form of punitive damage or unjust enrichment, and found that the purchase amount paid by Hearts in 2001 for the Player had already been amortised over the initial contractual term. Moreover, the CAS Panel considered that the possible payment of training compensation was a separate issue from that of payment of compensation for unilateral breach regulated by Art. 17 of the FIFA PSR. The Panel therefore concluded that under Art. 17 of the FIFA PSR the most appropriate criterion to apply in determining the level of compensation owed to Hearts by Webster and/or Wigan was the remaining remuneration due to the Player under the employment contract upon its date of termination, which the parties referred to as the residual value of the contract, for the season 2006-2007. The parties having agreed in their submissions that the quantum of the residual value represented an amount of ?150,000, the Panel decided that it should be the amount of compensation payable to Hearts. The Panel found that Webster and Wigan are jointly and severally liable for the payment of such amount, in accordance with the terms of Art. 17 of the FIFA PSR.

 

The full award, with the grounds, is published on the CAS website (http://www.tas-cas.org, section Case Law).

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It's true. There's a link on the right. Bloody hell, the huns OWN the world.

 

 

We should go all the way on this. It's a ****ing disgrace.

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I want to be fashionable too

 

PRESS RELEASE

 

Football – Webster / Heart of Midlothian / Wigan

 

The CAS Issues its Decision:

 

Compensation of ?150,000 to be paid to Heart of Midlothian

 

 

Lausanne, 30 January 2008 – The Court of Arbitration for Sport (CAS) has rendered its decision in the case involving the Scottish footballer Andrew Webster, Heart of Midlothian PLC (Hearts) and Wigan Athletic FC (Wigan) following the decision of Webster to terminate his contract with Hearts. The CAS has determined that an amount of ?150,000 has to be paid by Webster to Hearts as compensation for unilateral breach of contract.

 

In early 2001, Andrew Webster was transferred to Hearts for a fee of ?75,000 and engaged under a contract that was initially due to expire on 30 June 2005 but which the parties later agreed to extend until 30 June 2007. In April 2005, Hearts offered to extend again the Player’s contract for a further two seasons, until 2009, but no agreement was reached. Thereafter, during the Spring of 2006, the relations between the Player and the Club became difficult. On 26 May 2006, Webster notified Hearts that he had decided to unilaterally terminate his contract. On 9 August 2006, Webster signed a three-year contract with Wigan.

 

In November 2006, Hearts filed a claim against Webster and Wigan before the FIFA Dispute Resolution Chamber which decided on 4 April 2007 that Webster had to pay the amount of ?625,000 to Hearts for unilateral breach of contract.

 

On 24 and 25 May 2007, Wigan, Webster and Hearts each filed an appeal before the CAS. Hearts requested the payment of ?4.6 million in contractual damages, including a claim of ?4 million as the alleged replacement value for the Player and loss of opportunity to transfer him, while Wigan and Webster requested that the compensation be fixed at an amount representing no more than the residual value of his contract. The procedure was submitted to a Panel of CAS arbitrators composed of Mr Quentin Byrne-Sutton, Attorney-at-Law in Geneva, Switzerland (President), Mr Jean-Jacques Bertrand, Attorney-at-Law in Paris, France and the Hon. Michael Beloff QC, Barrister in London, United Kingdom. The parties, their witnesses and experts were heard at an oral hearing at the CAS headquarters in Lausanne on 17 and 18 October 2007.

 

In front of the CAS Panel it was undisputed by the parties that the case involved a unilateral termination of the contract by Webster, without cause, as provided by Article 17 of the FIFA Players’ Status Regulations (PSR), and that the compensation had to be calculated in accordance with that provision. The Panel found that the termination of the contract was essentially generated by a mutual breakdown in trust between the Player and Hearts. It also considered that there was no evidence of bad faith on either side since the negotiations between Webster and Hearts had already broken down and the contract been terminated before Wigan first contacted the Player and made him an offer.

 

The CAS Panel underlined that the criteria listed in Article 17 of the FIFA PSR do not entitle a club or a player to unilaterally terminate an employment contract without cause; on the contrary, any such termination is clearly deemed a breach of contract, even outside the so-called “Protected Period”, as in the present case. Therefore, the mission of the Panel was to determine the amount of compensation due to Hearts by Webster and/or Wigan.

 

The CAS Panel considered that in the circumstances of this case, the concepts of lost profit/replacement value of the Player could not be applied in determining the level of compensation, notably because they would result in a form of punitive damage or unjust enrichment, and found that the purchase amount paid by Hearts in 2001 for the Player had already been amortised over the initial contractual term. Moreover, the CAS Panel considered that the possible payment of training compensation was a separate issue from that of payment of compensation for unilateral breach regulated by Art. 17 of the FIFA PSR. The Panel therefore concluded that under Art. 17 of the FIFA PSR the most appropriate criterion to apply in determining the level of compensation owed to Hearts by Webster and/or Wigan was the remaining remuneration due to the Player under the employment contract upon its date of termination, which the parties referred to as the residual value of the contract, for the season 2006-2007. The parties having agreed in their submissions that the quantum of the residual value represented an amount of ?150,000, the Panel decided that it should be the amount of compensation payable to Hearts. The Panel found that Webster and Wigan are jointly and severally liable for the payment of such amount, in accordance with the terms of Art. 17 of the FIFA PSR.

 

The full award, with the grounds, is published on the CAS website (www.tas-cas.org, section Case Law).

 

 

 

 

 

.

 

 

For further information related to the CAS activity and procedures in general, please contact Mr. Matthieu Reeb, Secretary General, 28, Ch?teau de B?thusy, Avenue de Beaumont 2, 1012 Lausanne, Switzerland, Tel. : (41 21) 613 50 00; fax : (41 21) 613 50 01 or consult the CAS website : www.tas-cas.org.

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They've seriously, seriously ****ed up.

 

This could be the end not only for transfer fees, but for a lot of small clubs who rely on selling players to stay alive.

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And yes, that's the end of the transfer market. Big players will walk and new clubs pay ?5m max (if not less) for a Ronaldinho or C.Ronaldo.

 

Utterly mental decision from FIFA!!

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Ah well Lampard and Barca will be happy off to then for about ?3m.

 

Seroiusly though what does this mean for the whole of football now.The big just get bigger and bigger.

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That the club:

1 Have struck a deal for Bednar for a decent sum

2.have been notified of The Webster adjudication and have achieved " a result"

Could the reason they have kept quiet be, that the fans would demand a decent amount of money to be spent in the transfer window.

Is the delay in appointing a new manager for the same reason

 

No.

 

Sorry Colonel, time to sack that mole of yours (geddit?)

 

GC

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And yes, that's the end of the transfer market. Big players will walk and new clubs pay ?5m max (if not less) for a Ronaldinho or C.Ronaldo.

 

Utterly mental decision from FIFA!!

 

Yes, utterly unbelievable.

 

Just as players cited the Bosman ruling, now they can cite the Webster ruling.

 

Even more power and money has just been handed to players and to their agents.

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loveofthegame
And yes, that's the end of the transfer market. Big players will walk and new clubs pay ?5m max (if not less) for a Ronaldinho or C.Ronaldo.

 

Utterly mental decision from FIFA!!

 

I don't think its a decision of FIFA mate, they'll be hating it as much as we are. Im sure its the Court of Arbitrary sport or whatever, ie an EU Court.

 

**** the EU!

 

 

(i might be wrong here)

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Here you go mate:

 

 

PRESS RELEASE

 

Football ? Webster / Heart of Midlothian / Wigan

etc etc etc

 

:eek:

 

God, I really hope you are being sarcastic.

 

GC

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From the end...

 

4. Each party shall bear one third of the total costs of the three proceedings, to be

determined and served on the parties by the CAS Court Office.

5. Each party shall bear its own legal costs.

6. Any and all other prayers for relief are dismissed.

 

So after legal fees and such are paid Hearts will actually be losing out completely.

 

We NEED to take this to the proper legal courts, CAS is staffed by retards.

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loveofthegame
:eek:

 

God, I really hope you are being sarcastic.

 

GC

 

I hoped the smiley at the bottom of my post would give it away mate!

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there goes the transfer system, would not be surprised if G14 were outraged.

 

Read somwhere the other day that they had agree to break up and disband the G14 after agreeing a deal with Fifa about something.

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It is the thought of Webster and his bigot bluenose mates celebrating with the bolly that hurts most. He can afford to pay this himself out of his expenses . . .

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1) The Panel found that the termination of the contract was essentially generated by a mutual breakdown in trust between the Player and Hearts. It also considered that there was no evidence of bad faith on either side since the negotiations between Webster and Hearts had already broken down and the contract been terminated before Wigan first contacted the Player and made him an offer.

 

...

 

2) The CAS Panel considered that in the circumstances of this case' date=' the concepts of lost profit/replacement value of the Player could not be applied in determining the level of compensation, notably because [b']they would result in a form of punitive damage or unjust enrichment[/b],

 

...

 

3) The Panel found that Webster and Wigan are jointly and severally liable for the payment of such amount, in accordance with the terms of Art. 17 of the FIFA PSR.

 

Right, I've had a proper read-through of the decision.

 

1) This is a very, very dangerous precedent to set. They've effectively said, "Had Wigan caused Webster to breach his contract, then we would have awarded HMFC much more." The problem with dealings like this is that it's not always obvious what's caused someone to breach their contract. Does it not encourage the "tapping up" of players, telling them to walk away from their contract, citing "mutual breakdown of trust", and then rock up to a new club days later?

 

2) They're right; damages shouldn't be punitive in their nature (rather, they should be compensatory). However, with my first point in mind, Wigan have been unjustly enriched by Webster joining them (regardless of whether he was a failure or not). It's stretching the definition of "unjustified enrichment" a bit, but I think there's enough there to make this decision unfair.

 

3) This means that Wigan will pay the fee (because HMFC will be given the choice of whom to sue, and they will choose the richer party - Wigan AFC). Therefore it's a transfer fee under the guise of "compensation" - a much reduced transfer fee at that.

This decision will ruin football as we know it.

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"Moreover, the CAS Panel considered that the possible payment of training compensation was a separate issue from that of payment of compensation for unilateral breach regulated by Art. 17 of the FIFA PSR."

 

So there's that tiny wee olive branch to Hearts: saying that we might be entitled to more compensation. But in reality, Hearts (indeed no-one else would!) are never going to go to the hassle and cost of another action just for the training costs, as they are hardly likely to be huge - just a proportion of the cost of the use of the facilities, plus a proportion of the costs of employing coaches who trained him. :sad:

 

Hang on a minute - is that why Vlad employed so many coaches and assistant directors of football etc? Maybe we can show that Hearts have literally ploughed millions into training the players, so webster needs to pay a fair share of those costs??? ;)

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Dont think ANY big club will be laughing at this news - not even Rangers.

 

This is Major.

 

 

 

Spurs must be kicking themselves after handing ?9m over to the hun for Hutton.

 

Mental decision, players will be creaming themselves at the thought of signing on fees now.

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portobellojambo1

Having re-read that it appears HMFC have already incurred costs in this case in excess of ?80,000, plus are to be hit with additional costs for the time CAS have spent on it. The end result could well be that we will receive ?150K, but after all costs are taken into account shell out around ?100K.

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jamboinglasgow
Read somwhere the other day that they had agree to break up and disband the G14 after agreeing a deal with Fifa about something.

 

forgot about that, well the big clubs of Europe will be shocked now. Also youth development could suffer, as one argument against this rule is what is the incentive for a club to spend time and money developing youngsters if they just leave after 3 years for next to nothing.

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It's a decision that will drain millions and millions of pounds out of the game, both at senior level and the grassroots, youth development etc. Instead of clubs reinvesting transfer money on building academies, improving facilities and training the next generations of stars, agents will be buying beachside holiday homes.

 

Forget about Hearts - we would likely never have seen any of that money anyway - this ruling could potentially ruin football. It is a breathtakingly stupid decision, and one that could have devastating implications for the footballing world.

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I'm betting on ?2.5m

 

Das Root's saved me laying out my reasons.

 

 

 

Well don't we look stupid :D

 

I'm stunned to say the least. BBC Rangers will be LOVING this just ahead of the CIS game. I hope Hearts take this decision and shove it down their hun throats tonight.

 

We have to. We need to salvage pride.

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Right, I've had a proper read-through of the decision.

 

1) This is a very, very dangerous precedent to set. They've effectively said, "Had Wigan caused Webster to breach his contract, then we would have awarded HMFC much more." The problem with dealings like this is that it's not always obvious what's caused someone to breach their contract. Does it not encourage the "tapping up" of players, telling them to walk away from their contract, citing "mutual breakdown of trust", and then rock up to a new club days later?

 

2) They're right; damages shouldn't be punitive in their nature (rather, they should be compensatory). However, with my first point in mind, Wigan have been unjustly enriched by Webster joining them (regardless of whether he was a failure or not). It's stretching the definition of "unjustified enrichment" a bit, but I think there's enough there to make this decision unfair.

 

3) This means that Wigan will pay the fee (because HMFC will be given the choice of whom to sue, and they will choose the richer party - Wigan AFC). Therefore it's a transfer fee under the guise of "compensation" - a much reduced transfer fee at that.

This decision will ruin football as we know it.

 

It's like reading a divorce settlement.Breakdown of trust the only breakdown was from Webster.He signed a contract and walked away from it.

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"From an economic perspective there in no reason to believe that a player’s value on the

market owes more to training by a club than to a player’s own efforts, discipline and

natural talent. An empirical study might even demonstrate the contrary, i.e. that a talented

and hardworking player tends to fare well, stand out and succeed independently from the

exact type of training he receives... "

 

I blame Vlad. Seriously, this is big news - not just for us.

 

I'm furious, but it goes way beyond our own narrow interests.

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chester copperpot
It's a decision that will drain millions and millions of pounds out of the game, both at senior level and the grassroots, youth development etc. Instead of clubs reinvesting transfer money on building academies, improving facilities and training the next generations of stars, agents will be buying beachside holiday homes.

 

Forget about Hearts - we would likely never have seen any of that money anyway - this ruling could potentially ruin football. It is a breathtakingly stupid decision, and one that could have devastating implications for the footballing world.

 

 

 

Totally agree with you Thommo. They've made a terrible decision with this.

 

Agents and players will get richer, clubs will be held to ransom.

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