George Davies Solicitors LLP advise International Players/Stars on Contract Termination

The George Davies Sports Team have recently advised a number of international footballers on contractual disputes.

These disputes often arise due to the non-payment of wages or actions of the club that the players often believe entitle them to terminate their contracts with “just cause”. However, as explained by Sports Solicitor Matthew Chantler, it is key that the player takes legal advice.

“Ignoring the obvious issues of who has jurisdiction to hear the matter and what law would be applicable should a claim be commenced, the player has to ensure that they are entitled to terminate their contract with just cause. There is often no right that derives directly from the contract however the player may be entitled to rely upon the implied right that is detailed within the FIFA Regulations. It often depends on the facts of the case and the applicable law; FIFA do however, in the case of non-payment of wages, give the example of a player who has not been paid for 3 months despite the player notifying the club of its default, stating that such a violation entitles the player to terminate.”

“If just cause is established then the player will not be liable to pay compensation and he may also be entitled to damages. However it is a fine line – if it is ultimately found that he terminated without just cause then he could face a significant costs award should the club make a claim. Cases such as Matuzalem and Mutu show how much a player could be liable for and this is where our specific knowledge of the case law enables us to advise these players. Further our practical experience ensures that we advise the player on issues such as the difficulty in finding a new club as the new club will be joint and severally liable to pay the compensation and will have to rebut the presumption that they have induced the player to breach the contract. The player must also be aware of the possibility of being disciplined with sporting sanctions.”

“Further we are also taking instructions from clubs who are looking to sign such players or who may have already done so before realising the potential ramifications.”

For more information, please contact sports law specialist Matthew Chantler on 0161 234 8719 or send an email.