Post by QPR Report on Feb 18, 2009 7:29:17 GMT
Guardian/Matt Scott
Court ruling over agent fees opens can of Worms
The court of appeal has stepped in to the Premier League's argument with the Football Association over dual representation of players and clubs.
The practice in which agents secretly work for both club and player in transfers is believed to have become widespread after being driven underground by FA rules preventing dual representation by agents. Premier League clubs want those rules overturned.
But a ruling in the court of appeal last week ordered Mike Berry to repay his agent's fee to his client Kelvin Jack after also working for a club on the quiet. Berry is a man well known to the FA after he was involved in activities that led to Luton Town being docked 10 points last year.
Now he has opened a can of worms for football after taking a "secret commission" from Dundee when arranging a transfer for his former client, Jack, the out-of-work one-time Gillingham goalkeeper. Berry saw nothing wrong taking a £3,000 payment from Dundee, the buying club in the Jack transfer, behind the player's back.
When Jack learned of it he withheld the prearranged representation fee and Berry sued. The fees dispute was taken all the way to the court of appeal, where three law lords held that Berry was not entitled to receive any monies from the player - previously agreed as 10% of his earnings for two years - after also working for the club during the transfer.
"In our age it is more important than ever for courts to hold the firm line drawn between payments openly, and therefore honestly, received by agents, and undeclared payments received by agents secretly," said Lord Justice Mummery. Food for thought for the FA.
www.guardian.co.uk/sport/2009/feb/18/premier-league-football-association-agents-court