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Chelsea are considering suing Manchester United for the £12 million they received in payment for John Obi Mikel after issuing a £16 million High Court writ yesterday against Lyn Oslo and Morgan Andersen, their former chief executive, as The Times revealed they were planning to do in February. Chelsea accept that the Norwegian club are in no position to return the Nigeria midfield player’s full transfer value and are likely to accept a much lower settlement out of court, but that would not stop them pursuing United for the remainder of the transfer fee.
Chelsea’s action springs from the conviction of Andersen for fraud in an Oslo district court earlier this year, a verdict that effectively nullified the complex transfer agreement between the three clubs over Mikel. Andersen was found guilty of forging a contract between Lyn and Mikel, which formed the basis of his lucrative sale to United in 2005 that Chelsea agreed to buy out the next year, as well as filing a false police claim against the player’s agent, John Shittu. The court found that Mikel did not have a valid contract with Lyn and, as a result, the club had no right to profit from his sale, enabling Chelsea to seek recompense.
Chelsea held several discussions with Lyn officials in London this week and are confident of reaching a settlement, although they chose to underpin their claim by issuing a writ in the High Court. The club have not ruled out going after United, as their rivals made £12 million out of selling on a player who was on their books only as a result of a forged contract.
“Chelsea Football Club has issued a claim at the High Court in relation to the transfer of John Obi Mikel in June 2006,” a Chelsea statement read. “The claim is against FC Lyn Oslo and Morgan Andersen and follows the criminal conviction in Norway of Lyn’s former chief executive officer Morgan Andersen. It is for the entire £16 million fee paid by Chelsea for the player as it is now clear following Andersen’s conviction that the transfer was based on the fraudulent misrepresentation that Mikel had an employment contract with Lyn.
“At the time of the transfer, Chelsea, Lyn and Manchester United agreed the fees paid would be in final settlement of the transfer, any claims related to it and that no further action or comment regarding the transfer would be made. Chelsea has written to Lyn to make clear that because the transfer was based on a fraudulent misrepresentation, now proven by a court of law, the settlement previously agreed is not binding.
“Chelsea is in contact with Lyn and looks forward to working positively to resolve the claim. Chelsea would like to make clear this legal action is against Lyn and Morgan Andersen.”
The club are wary of reopening the wounds of a bitter transfer dispute 3½ years ago, when Mikel disappeared amid allegations of kidnapping, intimidation and fraud, but feel obliged to pursue it on a matter of principle.
With Chelsea’s statement declaring the confidentially agreement void, more details could emerge of one of the most complex transfer wrangles in Premier League history.
A tangled path
2005: April 22 Joins Lyn Oslo on a youth contract.
April 29 Signs professional forms with United, with a transfer agreed for January 2006. Chelsea insist they also have an agreement.
May 13 Mikel claims he wishes to join Chelsea and that he was forced to agree terms with United. United ask Premier League to investigate.
May 18 United and Lyn Oslo report Chelsea and John Shittu and Rune Hauge, the agents, to Fifa.
August 12 Fifa orders Mikel to report back to Lyn.
2006: January 30 United call for Fifa to ban Chelsea from transfer dealings if they are found guilty.
Chelsea disappointed that United’s letter leaked to the media.
June 2 Chelsea agree to sign Mikel for a combined fee of £16 million, with £12 million going to United and £4 million to Lyn Oslo.
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Bet he wishes he had joined United now though eh? Champions of England and Europe? Wouldn't have got a game anyway as Anderson is twice the player he is.....
Christian, Manchester, England
What! so mikel was not a man utd player after all. what are we waiting for. GET OUR MONEY BACK!
ENE PETER, LAGOS, NIGERIA
if Mikel was out of contract when he signed with United why would that invalidate the contract with United? I would be amazed if Uniteds legal team misrepresented that contract and its validity has never been called into question.
Chelsea paid to nullify that. Maybe United are due the extra 4mil?
Mark, bury,
Mark from Bury- your logic does not make any sense. Let's say I sell your house to Man U by forging a document that I own your house. Does the fact Man U has a valid contract with me mean that they should be the legitimate owner of your house?
Terry, London,
SAF paddled his kayak up a Norwegian fjord, in the dead of night, to bully Mikel into signing for Man U from Lyn. Lyn didn't own Mikel, so that's now void.
Man U then sold a player THEY didn't own to Chelsea. Chelsea want their money back, and even Man U can't have their kayak and eat it too.
Barrie Collins, Long Sault, Ontario, Canada
No, if the Lyn Contract was in-valid, then the other one would have been too.
Matt, Beckenham, UK
I wrote about this in the past, including interviewing a number of the protagonists. Not sure that any claim by Chelsea would work as Mikel's contract with United was signed by the player. The £12m was paid to cancel that and there is no suggest that contract was ever forged only the one with Lyn.
Ed, London, UK
Yes, but no contract is legally valid if a crime is comitted leading up to a contract being entered into. However, in this case what makesit more complicated is that Mikel was shown across the world wearing a United shirt saying how he was pleased to be joining them.
Phil Scott, Oxford, UK
Surely United must be in the clear, because the money they received was for the termination of what appears to be Mikels first professional contract.
Although his contract with Lyn was found to be void, his subsequent contract with United must have been valid.
mark, bury,