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West Ham stadium dispute may end up in Supreme Court

One group of beneficiaries from modern big business football are the legal profession.

West Ham United are considering launching an appeal at the Supreme Court after being ordered to pay £3.6million ($4.86m) to their landlords at the London Stadium.

As part of West Ham’s rental agreement with the London Stadium, which has been their home ground since leaving Upton Park in 2016, an ‘anti-embarrassment clause’ required the club to pay their landlords a share of any profit they received from selling shares.

The clause has been active after Czech billionaire Daniel Kretinsky bought a 27 per cent stake in 2021, which made him the second-largest shareholder at West Ham, after David Sullivan, the majority shareholder who owns 38.8 per cent.

In 2021, West Ham’s landlords informed the club that share transactions within their company meant the London Stadium was owed a significant payment. The club paid £2.6m but challenged the additional £3.6m. The matter was referred to expert determination, an alternative dispute resolution, in which London Stadium was successful.

West Ham disagreed and took the case to the High Court. The court decided the determination should be overturned. The London Stadium appealed that decision and the Court of Appeal has now found in their favour.


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