SOCCER:Kia Joorabchian and the offshore companies he represents yesterday issued a writ against West Ham United in an attempt to force through Carlos Tevez' move to Manchester United. Lawyers for Media Sports Investments and Just Sports Inc - the companies who held the economic rights relating to Tevez when he moved to Upton Park last August - have lodged a breach-of-contract claim with the courts.
Yesterday's development was the realisation of a threat that has been outstanding since April. That was when West Ham tore up their agreements with MSI-JSI after pleading guilty to breaking two separate Premier League rules in their contracts with and conduct over Tevez.
But MSI-JSI's position hardened only after Fifa, following dialogue with the English FA and the Premier League, recommended that the case be referred to the Court of Arbitration for Sport (CAS).
"The companies seek the court's intervention to compel West Ham to release the registration of Carlos Tevez in accordance with contracts entered into between the parties," said Graham Shear, a solicitor for MSI-JSI.
They are ready to highlight Tevez' eviction from his home - a flat in Canary Wharf that had been organised for him by West Ham - while he was away on Copa America duty with Argentina this summer. They will claim this is proof that the Hammers have not been consistent in asserting their rights over the player.
Under pressure from the Premier League to stick by their decision to pull out of the agreements with MSI-JSI, West Ham are relying on Tevez' three-year playing contract and the registration document they hold as evidence that he is their own asset.
West Ham would also draw in their defence on the belief expressed by two QCs in a Premier League disciplinary hearing in April that the third-party contracts held with MSI-JSI are legally unenforceable.
Yesterday's development means Tevez' hoped-for move to Old Trafford appears ever more distant. There has been no bid from the Premiership champions, without which the Premier League will not process a transfer. It is clear that the legal quandary must be resolved before Tevez can switch clubs.
West Ham, who say they are "happy" to go to CAS, are puzzled as to why Tevez' camp would head for the civil courts. CAS could hear a complaint between August 10th and 15th, allowing time for the Argentina forward's transfer to Manchester United to be processed before the August 31st transfer deadline; a High Court case could take months to be heard.
But an Old Trafford spokesman last night said: "We are hopeful that there will be an early resolution. We are happy with our case and confident he will be our player at the end of the transfer window."
It is believed Joorabchian is willing to take the risk of a less swift process if he can guarantee an open and public hearing, such as is the case in the High Court. CAS - where decisions are binding and which may be appealed only on procedural grounds - would announce only its verdict, without providing details of its reasons.
Meanwhile, Liverpool manager Rafael Benitez has claimed every major club in Europe knew Gabriel Heinze was up for sale this summer. A row has erupted over the Manchester United defender's future after Liverpool matched United's €10.14 million asking price, only to have the bid rejected.
If that was not enough, Alex Ferguson forcibly stated there was 'no chance' of Heinze moving to Anfield, hinting United were investigating the possibility that Liverpool had made an illegal approach for the player.
Yet Benitez, a relative newcomer to spats between the fierce north-west England rivals, cannot understand what the fuss is about. The Liverpool coach, like every other major club in Europe he claims, received documentation, signed by a senior United official, confirming Heinze's availability.
"A lot of clubs, in many different countries, knew what the situation was," he said. "I do not know what the problem is. We made an offer, they rejected it. I know what they are saying to the press but everyone in the world knows they (United) signed a document."
Benitez is clearly still interested in making Heinze the first player to switch directly between United and Liverpool since Phil Chisnall moved to Merseyside in 1964.
Privately, he feels United have made a mistake in not lodging their opposition to Heinze moving to Liverpool in the official documentation and the current procrastination from the Old Trafford outfit is merely an elaborate attempt to make up for their mistake.
The matter now appears to rest with Heinze and his lawyers, with the 29-year-old, who is expected back in training within a fortnight, left to decide whether to launch a legal fight against his current employers.
The tit-for-tat battle somewhat overshadowed Liverpool's 3-1 win over South China in the semi-final of the Asia Cup.
John Arne Riise lashed home a free-kick, while Xabi Alonso and Daniel Agger were also on target for Liverpool, who booked a final meeting with Portsmouth on Friday.
The victory delighted a capacity 38,000-crowd at the Hong Kong Stadium, although there was some disappointment at the absence of Steven Gerrard, Fernando Torres and Ryan Babel.
Gerrard, Benitez revealed, is suffering from a slight stomach strain, but Torres and Babel failed to gain international clearance after their summer transfers and therefore spent the entire 90 minutes as frustrated spectators.
