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Thread: City appear to believe they may have grounds to avoid some or all of Sala's fee...

  1. #1

    City appear to believe they may have grounds to avoid some or all of Sala's fee...

    Report from 'The Age':

    https://www.theage.com.au/sport/socc...17-p50yby.html

    "Cardiff City could launch a negligence claim against Nantes as soon as this week if an official report finds Emiliano Sala was flown to his death by a pilot who did not have the correct licence.

    Senior figures at Cardiff are bracing themselves for an escalation in a legal row in which they were given until the end of last week to pay the first instalment of his £15 million ($A27 million) transfer fee.

    Cardiff have frozen all payments while they wait for answers about how their record signing died and whether anyone could be held liable. Some of those answers could be provided this week, the Air Accidents Investigations Bureau having said it intended to publish an interim report into the January 21 crash within a month of it occurring.

    Cardiff have also conducted an internal investigation that The Telegraph has been told has found no evidence pilot David Ibbotson held the licence necessary to carry passengers on a commercial basis.

    If the AAIB confirms Ibbotson was not qualified for the trip, senior figures believe that would constitute negligence on the part of whoever recruited the part-time gas boiler engineer."

  2. #2

    Re: City appear to believe they may have grounds to avoid some or all of Sala's fee...

    Quote Originally Posted by Cowbridge Blue View Post
    Report from 'The Age':

    https://www.theage.com.au/sport/socc...17-p50yby.html

    "Cardiff City could launch a negligence claim against Nantes as soon as this week if an official report finds Emiliano Sala was flown to his death by a pilot who did not have the correct licence.

    Senior figures at Cardiff are bracing themselves for an escalation in a legal row in which they were given until the end of last week to pay the first instalment of his £15 million ($A27 million) transfer fee.

    Cardiff have frozen all payments while they wait for answers about how their record signing died and whether anyone could be held liable. Some of those answers could be provided this week, the Air Accidents Investigations Bureau having said it intended to publish an interim report into the January 21 crash within a month of it occurring.

    Cardiff have also conducted an internal investigation that The Telegraph has been told has found no evidence pilot David Ibbotson held the licence necessary to carry passengers on a commercial basis.

    If the AAIB confirms Ibbotson was not qualified for the trip, senior figures believe that would constitute negligence on the part of whoever recruited the part-time gas boiler engineer."
    Surely that wouldn't be Nantes FC?

  3. #3

    Re: City appear to believe they may have grounds to avoid some or all of Sala's fee...

    Quote Originally Posted by the other bob wilson View Post
    Surely that wouldn't be Nantes FC?
    Maybe, as McKay was retained by Nantes.

    It's possible from the other report that they're focusing on McKay as arranging the flight & he was retained by Nantes, so ultimately it could end up with them.

  4. #4

    Re: City appear to believe they may have grounds to avoid some or all of Sala's fee...

    Quote Originally Posted by Des Parrot View Post
    Maybe, as McKay was retained by Nantes.

    It's possible from the other report that they're focusing on McKay as arranging the flight & he was retained by Nantes, so ultimately it could end up with them.
    That seems a hell of a stretch to me, but maybe I'm wrong.

  5. #5

    Re: City appear to believe they may have grounds to avoid some or all of Sala's fee...

    Quote Originally Posted by the other bob wilson View Post
    That seems a hell of a stretch to me, but maybe I'm wrong.
    Haven’t followed too closely- but hasn’t Willie McKay been trying to pin this all on dave Henderson pretty much since the plane went down?

    Plus I dont think willie McKay had anything to do with it as he’s banned from being an agent isn’t he? His son mark was the official agent and he didn’t seem to have anything to do with this flight. Jack McKay who was registered as a Cardiff city player at the time was the one who sala spoke to directly so I wonder if Nantes could throw that back at Cardiff?

    Not unreasonable to assume as the flight was being arranged by a Cardiff city professional player, for a current Cardiff city player, that Cardiff were ok with it and it had nothing to do with Nantes?

  6. #6
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    Re: City appear to believe they may have grounds to avoid some or all of Sala's fee...

    But Cardiff had nothing to do with the arrangements. the flight they offered was turned down.

    Is anyone really in any doubt that whoever was in front that this had Willie McKay's fingerprints all over it.
    And whatever the findings may or may not be, does anyone believe that this pilot with £26,000 of CCJ's, 3 overdue, was doing the flight for his flying hours and not for some financial reward?
    As I understand it from other "ITK" people posting on here, and from articles linked, a private pilot can only carry passengers who help with the cost of the flight, if the flight was already arranged for another purpose and they. cadged a lift In that case someone will need to demonstrate and prove that Mr Ibbitson was flying to Nantes himself that weekend anyway. If that is the case how was he intending to pay for the flight?
    and if the investigation becomes criminal or there is a privately funded investigation backed by the courts, what will his bank accounts show, not just about that flight but about others in the past.
    All these are merely questions I would expect investigators to ask of course.

  7. #7

    Re: City appear to believe they may have grounds to avoid some or all of Sala's fee...

    Quote Originally Posted by xsnaggle View Post
    But Cardiff had nothing to do with the arrangements. the flight they offered was turned down.

    Is anyone really in any doubt that whoever was in front that this had Willie McKay's fingerprints all over it.
    And whatever the findings may or may not be, does anyone believe that this pilot with £26,000 of CCJ's, 3 overdue, was doing the flight for his flying hours and not for some financial reward?
    As I understand it from other "ITK" people posting on here, and from articles linked, a private pilot can only carry passengers who help with the cost of the flight, if the flight was already arranged for another purpose and they. cadged a lift In that case someone will need to demonstrate and prove that Mr Ibbitson was flying to Nantes himself that weekend anyway. If that is the case how was he intending to pay for the flight?
    and if the investigation becomes criminal or there is a privately funded investigation backed by the courts, what will his bank accounts show, not just about that flight but about others in the past.
    All these are merely questions I would expect investigators to ask of course.
    Yeah and the text from Jack McKay said clearly his dad was organising the flight? I just wondered how it may work legally with willie not being ‘officially’ involved in any of this.

    However while I accept the hierarchy of the club had apparently offered a commercial flight I just hope that it seems salas only contact about any of this was with a Cardiff city professional- that that doesn’t come back to the club at all. On that note do we know if Cardiff knew about salas flight arrangements on that night? I guess so? And if they did I guess Nantes could say that’s almost approval as they didn’t try and stop it? Rather a registered professional was actually organising it directly with sala.

    This will run and run I guess won’t it.

  8. #8

    Re: City appear to believe they may have grounds to avoid some or all of Sala's fee...

    If the agent had any care for his client then he would have said this arrangement was inappropriate and Sala would have to take option of leaving Nantes earlier than he perhaps wanted to. There is another thread about a Sala memorial cup between the two sides to forge a closer relationship but that would seem unlikely if it's going to come down to a squabble over who was liable for lack of care shown.

  9. #9

    Re: City appear to believe they may have grounds to avoid some or all of Sala's fee...

    Jack Mckay was not acting for Cardiff City he was working in his capacity as, or on behalf of, an agent. The flight was arranged by the McKays who gave the job to Henderson who subbed it to Ibbotson. One of the odd things is that the original flight plan was filed at 9.0am meaning that if there are licensing irregularities about night flying Ibbotson would have been OK to fly assuming that the commercial aspects of licensing can be got around. These are issues that will be investigated by the AAIB whose interim report is due before next Friday.

  10. #10

    Re: City appear to believe they may have grounds to avoid some or all of Sala's fee...

    Quote Originally Posted by the other bob wilson View Post
    Surely that wouldn't be Nantes FC?
    Possibly. Maybe that's why Nantes 'demanded' payment so promptly after the accident - get the money in quick before thing start to unravel..

  11. #11
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    Re: City appear to believe they may have grounds to avoid some or all of Sala's fee...

    Quote Originally Posted by Vindec View Post
    Jack Mckay was not acting for Cardiff City he was working in his capacity as, or on behalf of, an agent. The flight was arranged by the McKays who gave the job to Henderson who subbed it to Ibbotson. One of the odd things is that the original flight plan was filed at 9.0am meaning that if there are licensing irregularities about night flying Ibbotson would have been OK to fly assuming that the commercial aspects of licensing can be got around. These are issues that will be investigated by the AAIB whose interim report is due before next Friday.
    I read somewhere that the mix up with the flight time was because pilots work on 24 hour clock which meant that when the flight was arranged for 9 O'clock the pilot assumed it was AM and the passenger meant PM. That would explain why the pilot left the hotel early they returned and booked back into the hotel.
    Of course if he wasn't authourised to fly at night then he should have said so and not taken off.

  12. #12

    Re: City appear to believe they may have grounds to avoid some or all of Sala's fee...

    Quote Originally Posted by xsnaggle View Post
    I read somewhere that the mix up with the flight time was because pilots work on 24 hour clock which meant that when the flight was arranged for 9 O'clock the pilot assumed it was AM and the passenger meant PM. That would explain why the pilot left the hotel early they returned and booked back into the hotel.
    Of course if he wasn't authourised to fly at night then he should have said so and not taken off.
    That of course could be correct but all will be revealed when the AAIB's interim report is released.

  13. #13

    Re: City appear to believe they may have grounds to avoid some or all of Sala's fee...

    Quote Originally Posted by A Quiet Monkfish View Post
    Possibly. Maybe that's why Nantes 'demanded' payment so promptly after the accident - get the money in quick before thing start to unravel..
    Or maybe this is just a game being played out between lawyers? Eg their lawyers advise them to demand payment knowing full well it will be rejected. Our lawyers try every delaying tactic in the book in the meantime.

    I am sure both clubs would do the same if the boot was on the other foot?

  14. #14

    Re: City appear to believe they may have grounds to avoid some or all of Sala's fee...

    Quote Originally Posted by Father Dougal View Post
    Or maybe this is just a game being played out between lawyers? Eg their lawyers advise them to demand payment knowing full well it will be rejected. Our lawyers try every delaying tactic in the book in the meantime.

    I am sure both clubs would do the same if the boot was on the other foot?
    Absolutely. Both clubs will be acting on advice of their lawyers...

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