Andrew Webster CAS Award Commentary

By de Dios Crespo Perez, Juan | The International Sports Law Journal, July-October 2010 | Go to article overview

Andrew Webster CAS Award Commentary


de Dios Crespo Perez, Juan, The International Sports Law Journal


Preamble

As the lawyer of Andrew Webster, I have probably talked and wrote about the "Webster case" more than a hundred times and it is somehow difficult to summarize such a long and winding road in some minutes or pages. The case was known as a new revolution in football when I had never had that idea. Article 17 of the FIFA Regulations for the Status and Transfer of Players is so uneasy to interpret for anyone in football, even the most experienced lawyer, that I must say that Webster is just another brick on the wall of the construction of the relationship between clubs and footballers.

We shall see other bricks and some layer between them coming in the future and this case was just the beginning of the story but at least it was known as the first one where a player correctly and regulatory used his right to end his contract after the FIFA "protected period".

Facts

Remember just a few of the facts of the case. On 30 March 2007 18 year old Andy Webster signed for Heart of Midlothian LC (Hearts) from Arbroath club, two Scottish clubs, for a transfer fee of 75,000 GBP.

Webster signed a contract due to run from the 31st of March, 2001 to the 30th of June, 2005. On July 1st, 2003 Andy Webster signed a contractual extension with Hearts until the 30th of June, 2007.

Andy Webster's progression as a player was steady and strong. He had become one of the most important player's at Hearts as a leader in their defence, and a Scottish international. Hearts were keen to tie down Mr. Webster to a longer contract with improved terms in order to secure the long term future of one of their prize players.

However, Andy Webster rejected this contractual offer until 2009, in fact he rejected several subsequent offers, giving the impression that Andy Webster was ready to move on to a bigger club, despite his success with his long term Scottish club.

During this period of contractual negotiations Mr. Webster was seemingly frozen out of the first team and forced to watch many of his team's matches from the sidelines. Hearts went even through the Scottish Cup to its final and Andy was not in the starting team when he had been of its best components. For a Scot not to be in his final was surely a big disappointment and the beginning of the end of the relationship.

The relations between him and the club continued to simmer until eventually they reached their boiling point. One of the Club's major shareholders made negative and critical remarks regarding Andy Webster to the media.

Mr. Webster decided he had enough of what he perceived to be unfair treatment and approached the Scottish Professional Footballer's Association (SPFA) seeking counsel and recourse against his club for the statements of their most important shareholder.

They advised Mr. Webster that the best action would be to lodge a claim in writing requesting to terminate his contract with just cause according to Article 18 of his employment contract. However, with the prospect of missing the entire 2006-2007 season because of a ongoing court procedure Mr. Webster opted to take an alternate rough and unilaterally terminate his contract without just cause making his case falling under the scope of Article 17 of the FIFA Regulations for the Status and Transfer of Players.

After having notified Hearts of his intention to breach his contract, and leaving the club without their official consent Andy Webster signed a three year contract with English Club Wigan Athletic FC (Wigan). When the English FA asked the Scottish FA association for the International Transfer Certificate (ITC) of the Player the Scottish FA told the English FA that they would not issue the ITC because the Player was still under contract with Hearts.

On the 31st of August, having approached FIFA with their grievance regarding the issuance of the Player's ITC, Wigan was granted the provisional registration by the Single Judge of the Player's Status Committee. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Andrew Webster CAS Award Commentary
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

    Already a member? Log in now.