However, Gutierrez's club, Real Mallorca, are challenging the transfer with their sporting director Nando Pons saying: "We have claimed €15m [£12m] for the unilateral termination of the contract 'without just cause'. Mallorca will defend their interests."

Pons' words came hours after Gutierrez bought out his contract at the club having entered the fourth year of his five-year contract on Tuesday.

Newcastle, who presumably will have copper-bottomed the legalities of his departure from Mallorca, would in turn compensate the player in private, though again there is thought to be another possible complication in that Gutierrez is part-owned by Mallorca and his former club in Argentina, Velez Sarsfield.

Following the Andy Webster precedent, Gutierrez, who will be 25 on Saturday, has invoked Fifa's Article 17 on transfer regulations which allows players under 28 who have served three years of their contract to buy out the remainder of their agreement.

Known as "El Galgo" – "The Greyhound" – Gutierrez can play on either wing or through the middle. A colourful figure, he is also known as "Spiderman" due an elaborate goalscoring celebration involving pulling on the comic-book hero's mask and firing pretend webs from his wrists.

Meanwhile, reports that Darren Bent is about to join Sunderland are premature as Sunderland and Spurs are well apart in terms of a valuation for the 24 year-old striker. Spurs paid Charlton £16m for Bent last June and wish to recoup that.

Sunderland are some way off that figure but with Kenwyne Jones out for a yet unspecified time, need to buy. Bent is understood to be willing to move north.

Dwight Yorke yesterday signed a one-year extension to his deal at the Stadium of Light.