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"Poor" Adrian Mutu....

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    #16
    Originally posted by Parm View Post
    I thought CAS was the final port of call for Mutu?
    Within sporting parameters it is. However, he can go outside that to a "Court of law" and have them adjudicate upon the matter. As someone said above though, that will only increase his legal fees with no guarantee of success.

    I wonder how Mark Bosnich is feeling?! I cant remember when that was though so he may be ok.

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      #17
      Originally posted by tbounce View Post
      Within sporting parameters it is. However, he can go outside that to a "Court of law" and have them adjudicate upon the matter. As someone said above though, that will only increase his legal fees with no guarantee of success.

      I wonder how Mark Bosnich is feeling?! I cant remember when that was though so he may be ok.
      Most courts would be extremely reluctant to take on a case that had already been adjudicated upon by a final arbitration tribunal, unless it was a matter of fundamental legal importance. Can't really see that here.
      Experimental music, Metropolitan foodstuffs, Mexican wrestler art, London suburbia, wry whimsy, fansy pants flim flam lad

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        #18
        Originally posted by Venton View Post
        Most courts would be extremely reluctant to take on a case that had already been adjudicated upon by a final arbitration tribunal, unless it was a matter of fundamental legal importance. Can't really see that here.


        It doesnt need to be of fundamental legal importance. For the sake of argument, Mutu appeals to High Court on grounds that punnishment is disproportionate and unfair. Chelsea dispute his contention. It goes to a listings hearing in the High Court and the Court decides whether or not to hear the matter. This is exactly what Dwain Chambers did. He was unsuccessful in his main action, but it did get listed and ultimately heard.

        The High Court wont hear it if it is a vexatious claim or one with no possibility of succeeding at trial. I dont think it could be said that either would be the case in this instance.

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          #19
          Originally posted by tbounce View Post
          It doesnt need to be of fundamental legal importance. For the sake of argument, Mutu appeals to High Court on grounds that punnishment is disproportionate and unfair. Chelsea dispute his contention. It goes to a listings hearing in the High Court and the Court decides whether or not to hear the matter. This is exactly what Dwain Chambers did. He was unsuccessful in his main action, but it did get listed and ultimately heard.

          The High Court wont hear it if it is a vexatious claim or one with no possibility of succeeding at trial. I dont think it could be said that either would be the case in this instance.
          The circumstances are a bit different in the Dwain Chambers case - he wasn't appealing a CAS ruling, just a bye-law of the BOA. He could have just as well have gone to the CAS but thought, rightly, that an interim injunction would be quicker whilst his main case was heard.
          Experimental music, Metropolitan foodstuffs, Mexican wrestler art, London suburbia, wry whimsy, fansy pants flim flam lad

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            #20
            'Tis a complete joke.

            Fifa hands down laughable fines for racism or crowd violence. And it was Chelsea who sacked him. They had the option of keeping him on. Plenty of other footballers have done far worse than he. and have been kept on. Its clear Chelsea sacked him because he was already a dead weight, drugs or no.

            Im not defending Mutu, but I think they should get a sense of proportion.

            I think they should legalise all drugs anyway. In fact, make it compulsory for footballers to take as much performace enhancing drugs as their bodies will allow. They may even provide value for money.
            In the beginning, Fowler created the Heaven and the Earth.

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              #21
              That is the real joke, isn't it? Five grand fines for racist chanting and millions for a bit of charlie.

              Chelsea are just doing it to make an example of him and to warn the rest of the squad. There must be something else in it, he must have really been taking the piss out of Roman for him to go for the nuclear option. Having said that the chances of Chelsea getting all of their cash is another matter altogether...
              Experimental music, Metropolitan foodstuffs, Mexican wrestler art, London suburbia, wry whimsy, fansy pants flim flam lad

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                #22
                Originally posted by tbounce View Post
                I wonder how Mark Bosnich is feeling?! I cant remember when that was though so he may be ok.
                Wazzed off his baps on magic monkey juice, if I'm any judge.
                Screaming from beneath the waves...

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                  #23
                  I just still cant get my head around how he can be fined for breach of contract by signing for another club, when chelsea sacked him???

                  They could just have kept him...

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                    #24
                    He's tested positive for a banned substance again.

                    http://www.skysports.com/story/0,19528,11854_5890793,00.html

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                      #25
                      Poor guy clearly has an addiction.

                      Wonder if he has paid any money he owed to Chelsea yet.
                      "Its not about the long ball or the short ball, its about the right ball." Bob Paisley

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                        #26
                        Sibutramine is damp near impossible to actually abuse.
                        dave of mutilation

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                          #27
                          It was an anti-obesity drug apparently....
                          * The above is posted in my opinion. Feel free to disagree.

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                            #28
                            Originally posted by Darkon View Post
                            I just still cant get my head around how he can be fined for breach of contract by signing for another club, when chelsea sacked him???

                            They could just have kept him...
                            In any court claim, there's an expectation that a plaintiff does what's reasonable to mitigate their lossses. For the chavs to try and claim the full value of a transfer fee or wages is legal bollox. He wasn't banned for the duration of the contract and hadn't lost his market value either.
                            "that is my opinion and that is more important than what anyone else has to say about it" - Mr A.Fergusson, Oct 2011

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                              #29
                              Originally posted by Tee View Post
                              Poor guy clearly has an addiction.

                              Wonder if he has paid any money he owed to Chelsea yet.
                              Nothing yet, he's still contesting it.
                              Vive la France

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                                #30
                                He's been ordered to pay Chelsea £14.3m in compensation!
                                Thanks very much for being ‘This Mornings’ Farmer’

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