Why West Ham Wont Be Relegated

[Red Nick]

Premier League chairman Sir Dave Richards and chief executive Richard Scudamore have both signed the letter.

These are the key paragraphs:

* "At no point were West Ham United charged with playing an ineligible player - both (Carlos) Tevez and (Javier) Mascherano were registered on August 31. All the required documentation was received by the Premier League and the usual confirmations received and sent. Registration is definitive as to the status of the player. At no time has Mr Tevez's registration been revoked or terminated and at all times he has been eligible to play for West Ham."

* "The Independent Commission was... convened strictly in accordance with the rules as agreed by all member clubs. Its chair, Simon Bourne-Arton QC, acted very promptly and properly, laying out directions for the hearing in the shortest possible timescale."

* "The Independent Commission carried its work out fully in accordance with our rules, having adopted practices entirely consistent with formal judicial proceedings. In reaching their decision the Independent Commission clearly considered the matter very carefully and did not deliver an irrational or extreme judgement and delivered the sanction that only they (having considered the matter fully and in light of copious evidence) deemed to be proportionate and appropriate."

* "The media, and of course those aggrieved by the decision, have analysed the seven reasons given by the Independent Commission for not deducting points and concentrated on those that to them seem the least convincing. However, there are others that have a less convenient truth, particularly the one that says 'had the club in time made disclosure of the third party contracts to the FAPL, then, in all probability, contracts could have been entered into which would not have offended the rules'."

* "The League could not function if other clubs could effectively intervene in an attempt to overturn decisions not to their liking."

* "Given the complexities around this, we would ask you to step back from the detail and consider the matter in more general terms:

1. Tevez has been properly registered to play for West Ham United since 31 August 2006. The Board, under our Rules, is charged with the authority to determine this.

2. He continues to be registered with West Ham United.

3. This is a case without precedent and certainly cannot be compared with Clubs who have played unregistered players or players ineligible through suspension.

4. On 26 April, West Ham United admitted to breaches of Rules B13 and U18 - for which they have been fined in accordance with our Rules.

5. The offending third party agreement has been terminated by West Ham United and therefore they are not continuing to be in breach."

Therefore West Ham havent done much wrong and the fine might have been a bit harsh

[aws]

He wasn't properly registered if his registration was procured by fraud.

You can't "terminate" a contract simply by telling the other side it's terminated.

If it wasn't for the fact that the courts will treat the Premier League as a "private club" and not want to get involved the legal proceedings would have an excellent chance of success.