Isak can leave Newcastle for Liverpool after ‘serious breach’ as football lawyer details ‘two arguments’

Alexander Isak and his representatives can force his exit from Newcastle to Liverpool in the event of a ‘serious breach’ of contract as a football lawyer reveals ‘two arguments’ the striker could use.

Isak is currently training apart from his Newcastle teammates and refusing to play for the club as he looks to force through a move to Liverpool, with the striker citing ‘broken promises’ with regard to a new contract as the reason for his strike action in a statement he released on social media on Tuesday.

‘Quick’ movement is expected on the transfer after the two sides’ clash at St James’ Park on Monday night and football lawyer Richard Cramer, of Arch Law, has discussed the possible legal angle Isak could be using to force his exit from Newcastle in an exclusive interview with our friends at TEAMtalk.

Leeds-based Cramer, who has worked in sports law circles for over 30 years, said: “You do come across scenarios where a player will say they had a promise of a contract renegotiation or the club would release them if a certain valuation was met.

“But the reality is – and this is where agents really need to do their job – is that such ‘side agreements’ do not stack up.

“The standard player’s contract contains an Entire Agreement Clause in it so what you can’t do is manufacture a variation to the contract because there has been a discussion between the director of football and the player.

“But unless this is actually contained with the standard contract that is registered with the Premier League then it really doesn’t hold much weight in terms of legal standing.

“That’s argument number one, which I think will fail on Isak’s part.

“Argument number two, which is a little bit legalistic, and imagine there had been a number of discussions between the player and club.

“And with it a very strong promise that, if you play well and score goals, we will either look to renew you with an improvement on your contract or we won’t stand in your way providing we get the right transfer fees.

“But what Isak is arguing is that there have been those discussions and Newcastle have failed to honour their promise.

“Therefore there is a breach of trust and confidence – and that’s the critical issue here.

“In any normal contractual agreement between employer and employee, both parties have to act in good faith and owe each other their duties.

“If those duties are fractured, and the trust and confidence is shattered, then it’s possible for the player to say: ‘the rift is so bad that it’s irreparable, therefore I want to be released from my contractual obligations because the club have committed a repudiatory breach’.

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“That’s what Isak is angling for, but I think it’s a very weak argument.

“In the football world, agents, players and directors of football know that anything in terms of a side issue such as a buyout clause and pay increase has to be in writing.

“It’s very hard for a player to argue a breach of trust, but it does happen.

“There are players who have had fall-outs with clubs – Carlos Tevez refused to come off the bench and play for Manchester City in a Champions League match 2011.

“But it’s really got to be the most extreme behaviour from a club to justify a scenario where a player could walk out of his contract.

“But it can happen and what we don’t know is the details of the discussions behind the scenes between Isak and Newcastle.

“Clearly the player feels highly aggrieved and is now agitating for this move.

“But it’s tricky. Newcastle have got an asset potentially worth £150million and they’re not just going to roll over.

“If there was a serious breach, and any risk of the player going on a free, then all parties would come to the negotiating table because Newcastle could not run the risk of losing Isak without a big transfer fee.

“The player, his agent and representatives will probably just be angling for some kind of resolution.

“Isak clearly wants out but it’s a tricky one because he’s also in breach of contract and that isn’t a great optic either.

“He’s come out and criticised the club publicly and said ‘I’m entitled to my say’ but he needs to be very careful because he’s got a contractual obligation.

“He can’t put himself into disrepute with the club and he’s now potentially going to be disciplined for his public outburst on Instagram.

“He might say ‘I’ve been forced into making that statement because of all the conjecture’ but if you study very carefully what Newcastle have said about Isak, they’ve been extremely cautious.”