Crawley - future uncertain Photo CricInfo

John Crawley, the Lancashire and England batsman who called on the England and Wales Cricket Board's Contracts Appeals Panel in an attempt to free himself of his contract to Lancashire, has lost his case. Despite enlisting the help of Cherie Booth QC, the wife of the Prime Minister, to put his case, the panel rejected his claim that he had been constructively dismissed by the county.

Following his sacking as captain, Crawley had said that would not play for the county again and wanted to terminate his four-year contract which still has more than half of its term to run. However, the fact that the panel found Lancashire not guilty of a "serious or persistent breach of their contract" means that the player now has some serious thinking to do about his future.

His immediate course of action might be to lodge an appeal against the decision. He has 14 days in which to do that. Should he appeal and lose, the consequences become more complicated.

It might be that he decides to leave cricket. That would be a sad loss for a 30 year-old who was playing Test cricket as recently as the 1998/9 tour of Australia and who, at this time last year, was vice-captain of the England A team in the Caribbean.

He could simply return to Old Trafford and play out the remainder of his contract, although the feeling generated by this case makes that unlikely. Or, he might pay close attention to the solution that has been found by another England batsman wanting to move counties.

Aftab Habib has reached an agreement with Leicestershire whereby he will buy out the remaining year of his contract, leaving him free to join another county. It is known that Habib has been unsettled at Leicestershire for some time, despite the fact the county rescued him from Minor Counties cricket after his career with Middlesex had failed to progress along the intended lines and he spent a season with Berkshire. Habib won two Test caps against New Zealand in 1999.

Announcing the move, Habib said: "Everything pointed towards this being the right season for me to move on. I am very grateful for a great career at Leicester, including playing in two championship-winning sides. But I now feel that a move is the right thing. I feel that a new county with new challenges and opportunities is what my career needs. And I hope that this watershed will give me another chance at playing for England."

Habib's manager and solicitor, former Surrey and Durham player David Ligertwood, commented: "Aftab has done the right thing in acknowledging that it was appropriate to make a compensation payment to Leicestershire. As a result of this a top player has, for the first time in county cricket, left his club before the end of his contract with both parties going away satisfied.

Habib - to leave Leics Photo CricInfo

"As counties are now paying higher salaries at the top end and are always looking to strengthen squads due to the two divisions, Aftab had the confidence to agree to the compensation payment, even before being able to hold talks with other counties."

The bill for Crawley to buy out the remainder of his contract would be considerably higher than that facing Habib. It will be worth more in material terms and there are nearly three years to run.

The Contracts Appeals Panel reached its decision after an eight-hour hearing at Lord's, after which the player left without comment. Lancashire were also silent on the outcome. However, plenty of other opinions have been expressed.

ECB chairman Lord MacLaurin said before the hearing that he thought players should see out their contracts whenever possible. "I really think that if you sign yourself up to a contract it should be seen to be fulfilled. Unless it is something which is really untoward and can be accepted by both sides, that is. A contract to me is a contract, and in sport today they are too easily broken in my view."

The chairman of the Professional Cricketers Association, Matthew Fleming, said: "I do not know the ins and outs of the case, that is between John Crawley and Lancashire. But what I will say is that the PCA will always support one of their members in a fair endeavour and we have done.

"But having said that the sanctity of the contract is important to us as well and if the ECB have found in favour of Lancashire County Cricket Club they must have balanced everything up."

If Crawley does decide to copy Habib on a course of action whereby he buys out his contract, and should either of them receive help from a third party to finance the transaction, it opens up a completely new aspect of a so-called transfer market in cricket. Some might see it as a sinister new aspect but, in a sport that is forever attempting to become more professional in the conduct of its affairs, it is perhaps an inevitable development.

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