I can’t help but feel West Ham’s decision not to launch legal action against the Football Association has more to do with pragmatism than principle.
Club insiders have suggested this morning that the Hammers won’t sue the FA because “the governing body has a difficult job to do as it is.”
That may sound reasonable, but the reality is far more complicated. It’s much harder to prove what West Ham may have lost than it is for Lucas Paquetá to prove his case.
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For the Brazilian, the maths are simple. If the FA investigation directly scuppered his transfer to Manchester City, then the difference between the wages he would have earned there and what he actually received at West Ham is clear and measurable.
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For the club, it’s murkier. At the time, West Ham were negotiating rather than completing an £80m sale to City, so they would have to argue a hypothetical loss. Now that Paquetá has been cleared, he remains a valuable asset on the balance sheet. As recently as last week, the West Ham were seeking a minimum of £60m for him, so one could argue a £20m loss compared to the fee touted in 2023.
But proving that in court would be near impossible. A competent legal team could argue the transfer market has shifted, and there’s no guarantee Paquetá’s value wouldn’t have dropped by £20m regardless.
So, while I firmly believe the FA botched their investigation, I’m not convinced West Ham would win a case. As for Paquetá himself, I believe he has an excellent claim — and I wouldn’t be at all surprised if his legal team urges him to take it further.
Guest post by RalphHammer