Cases

Heart of Midlothian v Webster & Wigan Athletic FC

Held

(1) Article 17 did not allow a club or Player to unilaterally terminate an employment contract without cause even outside the Protected Period. The only question in this case was therefore how much was due under the system designed by article 17 to deal with the consequences of unilateral termination without cause.

(2) In assessing compensation, the amounts claimed to have been spent on training and developing the player were irrelevant. The alleged estimated value of Webster on the transfer market (of £4million) had not been agreed contractually and would cause unjust enrichment to the Club and would be punitive of the Player. Compensation was assessed at £150,000 (representing the residual value of the Player's contract remaining after its termination).

Also