West Ham could sue FA

Following the loss of their legal battle with Nottingham Forest, the hapless Football Association now faces the prospect of legal action by West Ham United.   

Lucas Paquetá and West Ham United are considering legal action against the FA for damages over his collapsed move to Manchester City that could run to tens of millions of pounds after the Brazilian midfielder was cleared of spot-fixing charges.

There is an expectation that Paqueta’s legal team will pursue their client’s legal costs due to what they believe to be a flawed investigation. That could amount to a seven-figure sum.

The 28-year-old was cleared of four charges last month, and the publication of the full judgment reveals that the panel found aspects of the FA’s case against the player “surprising” and “concerning”.

The judgment also reveals that Paquetá’s KC, Nick De Marco, made a statement to the FA in September 2023 during the investigation into the Brazilian, saying that leaks of the FA’s investigation “led to a collapse of a transfer of the player that was otherwise agreed between [West Ham], and Manchester City from which both the player and [West Ham] would have received substantial sums running into the tens of millions of pounds”.

The statement added: “Both [Paquetá] and [West Ham] reserve all of their rights in that regard.  Sources close to the player and the club have said that all options are now under consideration regarding legal action. The threat of legal action will be a concern to the FA, which is already having to digest the fallout from the regulatory commission’s judgment.

The 314-page ruling reveals that the FA admitted it relied entirely on circumstantial evidence, and the panel said it was “most surprising” that the FA’s barrister said the governing body disagreed with its own lead witness about some aspects of the allegations.

Paquetá was accused of deliberately getting booked to allow friends and family to bet on the yellow cards. The FA said on Wednesday that it would not appeal against the panel’s decision.

Two lesser charges against Paquetá, of failing to answer questions and provide information to the FA’s investigation, were found proven. The written judgment said the sanction for that would be at “the lower end of the scale” — likely to be a fine or reprimand as he had been following legal advice.

All this is somewhat ironic as West Ham, particularly Baroness Brady, have been among the most vociferous opponents of a football regulator, arguing that the self-governing arrangements are working well.   Unsurprisingly, the FA will not appeal.

The Athletic comments: 'This was undeniably a chastening defeat for the FA, who it was made clear had been unable to prove that “spot fixing is more likely than any of the potential innocent explanations”.

The case, the Commission said, was built upon accumulated circumstantial evidence but the individual “strands” were all too weak. It was also said to be improbable that a player of Paqueta’s standing would engage in spot fixing due to the risks to his career, his wealth and a lack of interest in gambling.

The conclusion was that the betting patterns were instead a consequence of “hot tips” and perceived inside information being passed around in Brazil.  “This judgment shows that Lucas had to go to great lengths to prove his innocence,” said Alastair Campbell, partner at the law firm Level and the head of Paqueta’s legal team.