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I still say that a signed contract would be a very powerful obstacle to any legal challenge based along the lines that City are seemingly pursuing. If one of the parties could be proved to have broken the law in getting what they wanted from said contract that may be a different matter, but talking up the value of something that is the subject of a deal is far from that surely.Quote:
Originally Posted by Harry Monk
https://smallbusiness.findlaw.com/bu...sentation.htmlQuote:
Originally Posted by the other bob wilson
Still far from convinced - speculation of the type you read all of the time during a window would have to be seen as a statement of fact and I would say that, in the large majority of cases, football fans read it knowing that this is not the case.Quote:
Originally Posted by Harry Monk
From the Daily Mail article:
"Legal experts say Cardiff will have to pay the fee in full, since they have agreed to sign the player in a legally binding transfer deal. But the club retain some belief that the transfer had not been fully completed.
They think they may be able to argue that personal terms had not been finalised with the player.
The Premier League confirmed that Sala’s international transfer certificate had been registered with the FA of Wales and that he had been named in a squad registered with the Premier League when he died."
It seems the club have a slim chance of arguing the player isn't theirs. There is a signed contract in place and the player was fully registered.
If that’s all true it sounds like they should just pay up surely.
https://www.thesun.co.uk/sport/footb...o-sala-nantes/
Cardiff call on police, Fifa and FA to investigate murky Emiliano Sala transfer as Bluebirds demand answers from Nantes
The club have lost a player (asset) in extraordinary circumstances and would like answers to many questions.
This is business and if it wasn't so universally public, I am sure that any businessman would want a full investigation.
I believe that the club will pay but want a clear picture so that persons are held responsible and perhaps this might not happen if they were to simply just pay up.
This is... nay, has, become a farce. I'm not sure how any of the things the club are reported to be questioning has any relation to Sala's physical transfer to the club. They agreed a fee with Nantes and a contract with the player (which he signed) and they registered his transfer with the relevant authorities - that should be enough for them to be honoured to pay what they owe Nantes and whatever/whomever is to blame for the tragedy that followed should be pursued separately *in my opinion*
From a business perspective it is easier to retain the money rather than pay it & then try & claim it back.Quote:
Originally Posted by Heisenberg
If (& I apologise for this phrase) an asset is not per the contract, it is common practise to withhold payment.
*in my opinion* the club should make a good will gesture and pay the majority of the money owed but withhold an amount until they have gone through due process.
My understanding is they have accepted liabily for the transfer fee but they want some questions answered before it is paid.
(I'm sure you can imagine that if they paid first there would be zero inclination from anyone to answer particularly if the answers may be dubious)
My question is why is this being played out in the public domain?
Bad form from whoever's leaked this
I have to say that this subject is at best distasteful, the Sala family have lost Emiliano & that is distressing enough for them.
Now the 2 teams are bitching over the payment.
I can't see any justification in CCFC withholding the payment as they have already vowed that Sala was their player. Saying that he wasn't registered with the Premier League isn't grounds to withhold the funds, in terms of CCFC now wanting to sue Willie McKay for falsification of what Sala was actually worth shouldn't have came as a surprise.......ffs, Willie McKay convinced CCFC to sign his 2 sons who have less skills than a one legged parrot so he is adept to hoodwinking the CCFC hierachy.
Surprisingly the winding up order of Mercato Sports has ceased as the McKay's have paid their HMRC tax liabilities, this tells me that the McKay's do have a moneypit when they need it ( Not bad when you consider that Willie McKay is a registered bankrupt & deemed unsuitable to act as a football agent, bankruptcy laws are bullshit !!!! ) Willie McKay is bankrupt but his wife has the family money & seemingly is able to pay debts when it suits to keep Mercato Sports afloat. I bet the lazy cow does F##K ALL as Willie is the w##ker running the show.
Next I am guessing that the next legal action will be against the Ibbotson family once it finally transpires that there are so many discrepancies in the flight arrangements that they become embroiled in a legal wrangle that will pivot around their deceased family member & Dave Henderson & Willie McKay.
A heads up on that one:
David Ibbotson was the breadwinner of the family so with knowledge that he was under CCJ's I am not sure there is a bank balance worth pursuing there.
Dave Henderson will crawl away and hide everything ( Devious to the enth degree )
Willie McKay will have everything hidden away ( Bankrupts are the kings of deception, dodgy football agents are even worse ).
I am speaking from a personal view that I hope McKay & Henderson get what's coming to them, I really hope that the Ibbotson family don't suffer for the actions of McKay & Henderson, these are my views from a compassionate stance... I am removing the aviation hat as I feel that the Ibbotson family are already suffering more than they need to, it doesn't change the outcome caused by bad decisions made by David Ibbotson, I do feel that there were mitigating circumstances that pushed him to conduct that flight when he really didn't want to.
Maybe a delay on the payment to Nantes until the AAIB report is released is acceptable but ultimately someone needs to pay after that release...... now as to the payment to Willie McKay I think he should be told " Go F##k yourself, you were involved in the arrangements so you played a big part in bringing Sala to his demise "