View Full Version : Swiss Federal Tribunal Decision
Undercoverinwurzelland
09-05-23, 11:02
https://www.cardiffcityfc.co.uk/news/swiss-federal-tribunal-decision-090523
The Swiss Federal Tribunal has decided that the Court of Arbitration in Sport doesn’t have jurisdiction to deal with Cardiff City’s claim for damages against FC Nantes.
This isn’t a surprise, and the Club has already prepared separate legal action against them which will be started straightaway as FC Nantes must be held responsible for the accident organised by their agent.
This will be to recover what the Club paid for Emiliano and additional damages for further consequential losses.
Former Labour leader
09-05-23, 11:06
This one isn't going away.
Former Labour leader
09-05-23, 11:08
So is the legal action against the Court of Arbitration and/or Nantes?
I wonder if this has any bearing on the current transfer embargo
Former Labour leader
09-05-23, 11:12
https://www.walesonline.co.uk/sport/football/football-news/cardiff-city-ready-sue-nantes-26872512?utm_source=linkCopy&utm_medium=social&utm_campaign=sharebar
https://www.cardiffcityfc.co.uk/news/swiss-federal-tribunal-decision-090523
The Swiss Federal Tribunal has decided that the Court of Arbitration in Sport doesn’t have jurisdiction to deal with Cardiff City’s claim for damages against FC Nantes.
This isn’t a surprise, and the Club has already prepared separate legal action against them which will be started straightaway as FC Nantes must be held responsible for the accident organised by their agent.
This will be to recover what the Club paid for Emiliano and additional damages for further consequential losses.
...except Sala was our player so Nantes aren't responsible.
Spend more on lawyers than we do on players, no wonder the club's such a mess
This whole thing comes across as incredibly petty and has hurt the club massively
Spend more on lawyers than we do on players, no wonder the club's such a mess
This whole thing comes across as incredibly petty and has hurt the club massively
Spot on 👍
EastbourneBlue
09-05-23, 11:28
Spot on 👍
Does anyone believe anything will ever come of these various court actions?
the other bob wilson
09-05-23, 11:30
https://www.cardiffcityfc.co.uk/news/swiss-federal-tribunal-decision-090523
The Swiss Federal Tribunal has decided that the Court of Arbitration in Sport doesn’t have jurisdiction to deal with Cardiff City’s claim for damages against FC Nantes.
This isn’t a surprise, and the Club has already prepared separate legal action against them which will be started straightaway as FC Nantes must be held responsible for the accident organised by their agent.
This will be to recover what the Club paid for Emiliano and additional damages for further consequential losses.
Is it me or does anyone else find that message incomprehensible?
https://www.cardiffcityfc.co.uk/news/swiss-federal-tribunal-decision-090523
The Swiss Federal Tribunal has decided that the Court of Arbitration in Sport doesn’t have jurisdiction to deal with Cardiff City’s claim for damages against FC Nantes.
This isn’t a surprise, and the Club has already prepared separate legal action against them which will be started straightaway as FC Nantes must be held responsible for the accident organised by their agent.
This will be to recover what the Club paid for Emiliano and additional damages for further consequential losses.
If it's a civil issue then I guess his family could also bring a case. If the outcome is that Nantes was indeed liable, it would probably bankrupt the club. Hope some priority would be given to his (remaining) family.
The Hooded Claw
09-05-23, 11:31
Is it me or does anyone else find that message incomprehensible?
Yes! Did the new Swansea chairman write it? 🤪
The Lone Gunman
09-05-23, 11:37
Appeal to FIFA - lost; appeal to the CAS - lost; appeal to the Swiss Federal Tribunal - lost.
So now the club’s officials are launching a civil court action against FC Nantes - something they almost certainly could have done in 2019, but they chose instead to pretend Sala had never signed for City.
I bet the club’s lawyers are rubbing their hands with glee. More hefty fees incoming.
Grangenders
09-05-23, 11:43
Nantes sacked their manager at the weekend and are in real danger of being relegated. Even if we were to win any court case, who knows if they’ll even have the funds to pay
WJ99mobile
09-05-23, 11:44
Spend more on lawyers than we do on players, no wonder the club's such a mess
This whole thing comes across as incredibly petty and has hurt the club massively
Since when has £20m been petty?
WJ99mobile
09-05-23, 11:44
Nantes sacked their manager at the weekend and are in real danger of being relegated. Even if we were to win any court case, who knows if they’ll even have the funds to pay
I would assume the litigation wouldn't be against Nantes directly
WJ99mobile
09-05-23, 11:46
Does anyone believe anything will ever come of these various court actions?
A settlement of some sort, and also a lifting of the embargo wouldn't be beyond possibility
Robin Friday's Ghost
09-05-23, 11:49
Since when has £20m been petty?
Quite
Appeal to FIFA - lost; appeal to the CAS - lost; appeal to the Swiss Federal Tribunal - lost.
So now the club’s officials are launching a civil court action against FC Nantes - something they almost certainly could have done in 2019, but they chose instead to pretend Sala had never signed for City.
I bet the club’s lawyers are rubbing their hands with glee. More hefty fees incoming.
How is not having the power classed as lost? Am I missing something
Carl Dale's Mole
09-05-23, 12:02
It's just ****ing gross at this point.
Is it me or does anyone else find that message incomprehensible?
Organising an accident seems a bit of a strange way to put it.
The Lone Gunman
09-05-23, 12:12
How is not having the power classed as lost? Am I missing something
The Swiss Federal Tribunal has upheld the CAS’s ruling. Therefore, the club’s appeal against that ruling was lost.
the other bob wilson
09-05-23, 12:25
Organising an accident seems a bit of a strange way to put it.
That’s the bit which jumped out at me.
WJ99mobile
09-05-23, 12:26
Slightly more detailed write up on Wales Online
https://www.walesonline.co.uk/sport/football/football-news/cardiff-city-ready-sue-nantes-26872512
"However, the Football League insist their own three transfer window ban must remain in place, a situation the club are also fighting against.
It seems likely Cardiff will have to also pay the remaining instalments of the transfer fee and look to try to get the money back via the civil courts.
Cardiff chairman Mehmet Dalman has previously stated the club can't just drop the case, much as they would like to put it behind them, because there is a proper legal process to go through."
The Lone Gunman
09-05-23, 12:28
That’s the bit which jumped out at me.
It’s terrible. So unprofessional.
the other bob wilson
09-05-23, 12:35
It’s terrible. So unprofessional.
There is worldwide interest in the Sala case and anything appearing on our website about it is going to be viewed and read by plenty of people, some of whom do not have English as their first language - the club have to do better than that.
The Lone Gunman
09-05-23, 12:47
There is worldwide interest in the Sala case and anything appearing on our website about it is going to be viewed and read by plenty of people, some of whom do not have English as their first language - the club have to do better than that.
It’s almost as if it’s been written by a child - three sentences, the Court of Arbitration in Sport when it’s supposed to be the Court of Arbitration for Sport, Sala’s surname is not even mentioned, a claim that an accident was organised and straight away written as one word instead of two (which the BBC report has corrected). Pathetic.
The Swiss Federal Tribunal has upheld the CAS’s ruling. Therefore, the club’s appeal against that ruling was lost.
The two links claim different things.
On cardiffcityfc.co.uk:
The Swiss Federal Tribunal has decided that the Court of Arbitration in Sport doesn’t have jurisdiction to deal with Cardiff City’s claim for damages against FC Nantes.
and the walesonline one:
The Swiss Federal tribunal has upheld a CAS decision over Sala and the Bluebirds, who anticipated the ruling, are moving to the next step of the legal proess (sic)
The two links claim different things.
On cardiffcityfc.co.uk:
The Swiss Federal Tribunal has decided that the Court of Arbitration in Sport doesn’t have jurisdiction to deal with Cardiff City’s claim for damages against FC Nantes.
and the walesonline one:
The Swiss Federal tribunal has upheld a CAS decision over Sala and the Bluebirds, who anticipated the ruling, are moving to the next step of the legal proess (sic)
According to L'Equipe (where they seem to quote parts of the ruling) CCFC's case was kicked out and they had to pay CHF104,000 in various costs.
from L'Equipe (https://www.lequipe.fr/Football/Actualites/Transfert-d-emiliano-sala-cardiff-encore-deboute-mais-pret-a-contre-attaquer/1395613#xtor=RSS-1)
Eric Cartman
09-05-23, 15:42
I'm not sure I see much of a problem with this.
We have established he was our player. We have established he wasn't insured (although the club seem to still be pursuing that avenue?). We have established the flight was illegal. Now the next step is trying to link the organising of the flight to Nantes.
It's not cut and dry but if somebody who worked for Nantes and didn't have a license, drove Sala somewhere, flipped the car and killed him then I am guessing people would be alright with us chasing the club for damages?
That's not to say the club have handled this well. If you buy somebody for loads of money, get someone on the ground next to him to make choices for him because as a rule of thumb, footballers are dumb as ****.
I'm not sure I see much of a problem with this.
We have established he was our player. We have established he wasn't insured (although the club seem to still be pursuing that avenue?). We have established the flight was illegal. Now the next step is trying to link the organising of the flight to Nantes.
It's not cut and dry but if somebody who worked for Nantes and didn't have a license, drove Sala somewhere, flipped the car and killed him then I am guessing people would be alright with us chasing the club for damages?
That's not to say the club have handled this well. If you buy somebody for loads of money, get someone on the ground next to him to make choices for him because as a rule of thumb, footballers are dumb as ****.
The club are trying to sue the insurers for not insuring a player the club claimed wasn't ours. Insurers have been quoted as saying the club tried to insure Sala after the plane had gone down. Can't see that claim being successful. More money wasted.
Who persuaded Sala to take a dodgy flight? That's where the club should be looking for a claim. And, yes, having signed Sala, it would have been a good idea to have a minder and scheduled flights laid on.....in retrospect.
The club are trying to sue the insurers for not insuring a player the club claimed wasn't ours. Insurers have been quoted as saying the club tried to insure Sala after the plane had gone down. Can't see that claim being successful. More money wasted.
Who persuaded Sala to take a dodgy flight? That's where the club should be looking for a claim. And, yes, having signed Sala, it would have been a good idea to have a minder and scheduled flights laid on.....in retrospect.
It probably is more money wasted, but I think it is fair enough for the club to argue that the Sala transfer was not complete at the time of the tragedy - but that if he was (as FIFA and CAS have determined) they believed he should have been automatically insured. If they have good evidence to show that the brokers misled them or were negligent, then they should sue. I have no idea what the basis of the club's case is, but I suspect it is weak.
Who persuaded Sala to take the dodgy flight? The McKay clan did. Mark McKay was the Nantes agent in the transfer negotiations. His disbarred father Willie McKay had his fingerprints all over it (accompanied Warnock on one flight to scout Sala - and seems to have been the lead agent in practice), made the flight offer and made the arrangements via David Henderson. And one of the McKay twins (on the Cardiff Academy books at the time) passed on the offer and supposedly drove Sala to the airport to deliver him to David Ibbotson. There may be a thread back through the McKay's to Nantes, but again it looks like a tenuous case to me.
The Lone Gunman
09-05-23, 17:10
The two links claim different things.
Not really. It's just phrased differently I think.
This is from the original CAS press release in August 2022:
"The CAS Panel also confirmed that it was not for FIFA to entertain the claim of Cardiff City that it was not required to pay any transfer fee to FC Nantes, because FC Nantes could be liable for the player’s death and that such tort claim was to be set off against any payment obligation with respect to the transfer fee."
As far as I understand it, the club challenged that particular ruling by the CAS on a point of law. However, the Swiss Federal Tribunal dismissed the club's challenge and ruled that the CAS was correct.
Father Dougal
09-05-23, 17:26
Considering the amount of money the club has spent on legal people over the past 4 years it's a shame they didn't get someone studying for their GCSEs to take a look at that statement before publishing.
Isn't that potentially a libellous statement from the club?
"FC Nantes must be held responsible for the accident organised by their agent."
So the claim stated as fact for the world to see here is the agent acting for Nantes actually organised this accident to happen?
Hang on a minute - I dont recall this ever being mentioned by the legal experts on here. We were all told by certain posters to shut up and accept the decision.
Father Dougal
09-05-23, 18:05
Wonder where the mckay lad fits in to all this? Was it Jack? You know the one who was actually in direct contact with sala re the flight while they were both cardiff city players, and having text messages about scoring lots of goals together in the Premier league.
Where does he fit in?
A Quiet Monkfish
09-05-23, 18:08
I think the Sala saga is the only thing holding Tan back from actively looking to sell up. We're just treading water until then. I'm not 100% certain he'd be too concerned if we are relegated - wouldn't make that much difference to what he could ask for the club with all it's associated debt..
There is worldwide interest in the Sala case and anything appearing on our website about it is going to be viewed and read by plenty of people, some of whom do not have English as their first language - the club have to do better than that.
I'd suggest English may not be the first language of the person who wrote it
Father Dougal
09-05-23, 18:28
I'd suggest English may not be the first language of the person who wrote it
:sherlock: maybe tan banged it out himself while steam was coming out of his keyboard.
KingOfSiamIAm
09-05-23, 18:59
Is it me or does anyone else find that message incomprehensible?
The club obviously asked Donald Trump to word it.
The club obviously asked Donald Trump to word it.
Cofrede?
Not really. It's just phrased differently I think.
This is from the original CAS press release in August 2022:
"The CAS Panel also confirmed that it was not for FIFA to entertain the claim of Cardiff City that it was not required to pay any transfer fee to FC Nantes, because FC Nantes could be liable for the player’s death and that such tort claim was to be set off against any payment obligation with respect to the transfer fee."
As far as I understand it, the club challenged that particular ruling by the CAS on a point of law. However, the Swiss Federal Tribunal dismissed the club's challenge and ruled that the CAS was correct.
In that case I was out off by the word "upheld" in the WOL statement. If both statements are true then CAS had no jurisdiction so it didn't matter what they thought. I understand that the Swiss Federal Tribunal could think the "decision" made by CAS was the correct one even if it had no validity coming from the CAS. It'd have been clearer to me if they'd used agreed rather than upheld. Then again, I might have completely missed something.
SuperBluebirds91
10-05-23, 02:15
Thing is this is far more than us just losing 15-20 million. We got relegated and with Sala with had a really good chance of staying up. Now we’ve got an embargo and nearly relegated again. If we are successful we could be looking at a huge payout. I personally believe we are owed. We aren't at fault for any of it. We did everything that we were supposed to but the player/agents decided to go elsewhere for transport. Also the pilot shouldn’t have been flying and the plane was faulty. The whole thing is so sad, it really is but when talking about fault - not cardiff. We’ve got to try and get back what is ours financially. If we arent successful then we’ve been completely screwed over. There is no way Nantes should just get all the money and we are the ones that are at a complete loss here. At the very least - and this is if it doesn’t go our way - it should be 50-50 we just pay half and that’s that.
WJ99mobile
10-05-23, 06:49
Thing is this is far more than us just losing 15-20 million. We got relegated and with Sala with had a really good chance of staying up. Now we’ve got an embargo and nearly relegated again. If we are successful we could be looking at a huge payout. I personally believe we are owed. We aren't at fault for any of it. We did everything that we were supposed to but the player/agents decided to go elsewhere for transport. Also the pilot shouldn’t have been flying and the plane was faulty. The whole thing is so sad, it really is but when talking about fault - not cardiff. We’ve got to try and get back what is ours financially. If we arent successful then we’ve been completely screwed over. There is no way Nantes should just get all the money and we are the ones that are at a complete loss here. At the very least - and this is if it doesn’t go our way - it should be 50-50 we just pay half and that’s that.
No court in its right mind would be able to ascertain that a football club would stay in a league based on the signing of one player
North Cardiff Blue
10-05-23, 06:58
The club are trying to sue the insurers for not insuring a player the club claimed wasn't ours. Insurers have been quoted as saying the club tried to insure Sala after the plane had gone down. Can't see that claim being successful. More money wasted.
Who persuaded Sala to take a dodgy flight? That's where the club should be looking for a claim. And, yes, having signed Sala, it would have been a good idea to have a minder and scheduled flights laid on.....in retrospect.
I think they must have thought he was covered as soon as he signed, they don't seem to realise they needed to issue cover with the broker themselves, sounds like gross negligence either way.
The club are trying to sue the insurers for not insuring a player the club claimed wasn't ours. Insurers have been quoted as saying the club tried to insure Sala after the plane had gone down. Can't see that claim being successful. More money wasted.
Who persuaded Sala to take a dodgy flight? That's where the club should be looking for a claim. And, yes, having signed Sala, it would have been a good idea to have a minder and scheduled flights laid on.....in retrospect.
Seems to have gone quiet on the suing the insurance broker front, and I can't see us getting anything out of them. Anyone who has had any kind of dealings with an insurance company will know that the shit only flows in one direction with them.
That said, given the astronomical sums of money involved, of course the broker is going to say that he's right and the club are wrong. I'm inclined to believe him, but also he could be lying to cover his arse
Seems to have gone quiet on the suing the insurance broker front, and I can't see us getting anything out of them. Anyone who has had any kind of dealings with an insurance company will know that the shit only flows in one direction with them.
That said, given the astronomical sums of money involved, of course the broker is going to say that he's right and the club are wrong. I'm inclined to believe him, but also he could be lying to cover his arse
It's an ongoing case against the insurers. Having claimed, for years, Sala wasn't a City player Tan is now trying to save face by blaming the insurers. And Nantes. The whole situation with Tan and his mismanagement of the club is depressing and somewhat Trump-esque in how he tries to blame everyone else but himself. Not much fun being a City fan these days.
OurManFlint II
10-05-23, 15:41
Thing is this is far more than us just losing 15-20 million. We got relegated and with Sala with had a really good chance of staying up. Now we’ve got an embargo and nearly relegated again. If we are successful we could be looking at a huge payout. I personally believe we are owed. We aren't at fault for any of it. We did everything that we were supposed to but the player/agents decided to go elsewhere for transport. Also the pilot shouldn’t have been flying and the plane was faulty. The whole thing is so sad, it really is but when talking about fault - not cardiff. We’ve got to try and get back what is ours financially. If we arent successful then we’ve been completely screwed over. There is no way Nantes should just get all the money and we are the ones that are at a complete loss here. At the very least - and this is if it doesn’t go our way - it should be 50-50 we just pay half and that’s that.
mad vinny's thoughts, still running around with 100 million lawsuit but nobody to pin it on lol.
I think they must have thought he was covered as soon as he signed, they don't seem to realise they needed to issue cover with the broker themselves, sounds like gross negligence either way.
Wouldn’t they be usually? How does it work on say deadline day when someone is flying into sign for Stoke at 10.45pm on deadline day in a helicopter and say it goes down on the way back to civilisation? Insurance companies stay open super late? Or are they ‘so special’ they have an insurance agent standing by?
I think they must have thought he was covered as soon as he signed, they don't seem to realise they needed to issue cover with the broker themselves, sounds like gross negligence either way.
Wouldn’t they be usually? How does it work on say deadline day when someone is flying into sign for Stoke at 10.45pm on deadline day in a helicopter and say it goes down on the way back to civilisation? Insurance companies stay open super late? Or are they ‘so special’ they have an insurance agent standing by?
Isn't that exactly what the club said when they announced they were going after the insurance broker?
They implied (although the clubs communications are so poor it wasn't absolutely clear) that the broker had ether said, written or led them to believe, that any new signing would immediately be covered from the time and date of signature. Having lost their case that Sala was not a Cardiff player prior to the flights, the automatic fall back position is that he should have been automatically covered.
I have very little confidence in the club's case, but I'm sure that is the argument they put forward - hence the negligence claim against the brokers who were paid to provide professional insurance services and advice to the club.
Undercoverinwurzelland
10-05-23, 16:53
Wouldn’t they be usually? How does it work on say deadline day when someone is flying into sign for Stoke at 10.45pm on deadline day in a helicopter and say it goes down on the way back to civilisation? Insurance companies stay open super late? Or are they ‘so special’ they have an insurance agent standing by?
You can get policies that give you a few days to add players, with automatic cover for new signings up to an agreed value, to get around that problem. You have to pay a higher premium for that though, which we clearly didn't do.
You can get policies that give you a few days to add players, with automatic cover for new signings up to an agreed value, to get around that problem. You have to pay a higher premium for that though, which we clearly didn't do.
If the club have it in writing that any player is automatically covered then it’s game over I guess with the insurance co having to pay out…..
Undercoverinwurzelland
10-05-23, 19:15
If the club have it in writing that any player is automatically covered then it’s game over I guess with the insurance co having to pay out…..
I'm guessing they haven't, but they can still argue that their brokers should have made it clear that they didn't have that sort of policy.
Noted that comments from the ccmb legal team are now answering with phrases like maybe, guessing, possibly.
Well i'm also guessing that no one on here as seen any of the contracts ?
No one on here knows exactly what the city's legal advisors have told Tan and also guessing that we on this board dont have a lawyer qualification between us and possibly need a bit of a refresh on contract law especially how it applies with the situation that all concerned found themselves in.
Noted that comments from the ccmb legal team are now answering with phrases like maybe, guessing, possibly.
Well i'm also guessing that no one on here as seen any of the contracts ?
No one on here knows exactly what the city's legal advisors have told Tan and also guessing that we on this board dont have a lawyer qualification between us and possibly need a bit of a refresh on contract law especially how it applies with the situation that all concerned found themselves in.
Aren’t people using those terms acknowledging that they’re only speculating?
WJ99mobile
10-05-23, 21:06
. Not much fun being a City fan these days.
I disagree
Cardiff is quite a basket case of a club with many highs and lows and has been a very interesting follow for years.
the other bob wilson
11-05-23, 04:24
I'm guessing they haven't, but they can still argue that their brokers should have made it clear that they didn't have that sort of policy.
Agreed, you’d think we would have heard about it by now if they had.
The insurance company's rebuttal, on learning that they were being sued, was quite simple. The club (presumably Club Secretary) tried to add Sala to the policy after the plane went down. This implies no blanket policy for players as soon as they put pen to paper. And, of course, Tan tried to make out Sala wasn't our player anyway to evade (avoid?) paying Nantes the transfer fee. Plus, it is unlikely Sala would be covered for non commercial flights.Any legal advice seems to be benefitting the lawyer's coffers and not the club.
I disagree
Cardiff is quite a basket case of a club with many highs and lows and has been a very interesting follow for years.
"Interesting" does not equal "fun" though.
LA Bluebird
11-05-23, 08:24
When you buy a car in the US it’s called gap coverage, you get a boilerplate policy applied based on the value of the purchase. If you drive it into a tree after you drive it off the lot before you have a chance to formally add it to your policy, you at least have some coverage. But you can decline it to save a few quid at which point you would be fecked.
Hard to believe in the multi million pound world of football transfers nobody has thought about something similar, I imagine if we had a leg to stand on here we’d have heard the insurers paying out already. Insurance companies very rarely lose in court as they have so many lawyers and risk assessors - its what they do for a living.
A Quiet Monkfish
11-05-23, 08:39
When you buy a car in the US it’s called gap coverage, you get a boilerplate policy applied based on the value of the purchase. If you drive it into a tree after you drive it off the lot before you have a chance to formally add it to your policy, you at least have some coverage. But you can decline it to save a few quid at which point you would be fecked.
Hard to believe in the multi million pound world of football transfers nobody has thought about something similar, I imagine if we had a leg to stand on here we’d have heard the insurers paying out already. Insurance companies very rarely lose in court as they have so many lawyers and risk assessors - its what they do for a living.
Same here. Re. Miller Insurance, it will be their underwriters who ultimately decide whether to pay out. The problem City face is that even where there's liability to pay, they don't have to. Many cases of someone's partner 'dying' mysteriously - I personally know of a case - no crime committed, but refused to pay out to the partner..
The Lone Gunman
11-05-23, 09:09
Noted that comments from the ccmb legal team are now answering with phrases like maybe, guessing, possibly. Well i'm also guessing that no one on here as seen any of the contracts ?
No one on here knows exactly what the city's legal advisors have told Tan and also guessing that we on this board dont have a lawyer qualification between us and possibly need a bit of a refresh on contract law especially how it applies with the situation that all concerned found themselves in.
Ooh, goody gum drops - another multi...
What are these contracts of which you speak? Contracts relating to who and what exactly?
You're right, though. We're all just guessing.
I'm guessing that the club's lawyers advised Tan to appeal to FIFA. That was a waste of the club's time and money. I'm guessing they then advised him to appeal to the CAS. That was another waste of the club's time and money. And I'm guessing they also advised him to take the matter to the Swiss Federal Tribunal. That was yet another waste of the club's time and money.
But maybe my guesses are wide of the mark. Perhaps the club's lawyers advised against those courses of action, but Tan decided to go for it anyway as he loves a bit of litigation. Who knows?
splott parker
11-05-23, 09:18
Isn’t car insurance invalid if the driver is illegally driving? Wouldn’t the same apply to flying? The pilot didn’t have the required paperwork for night flying we’ve learnt since the tragedy. So wouldn’t the insurance company wash their hands of the situation whether Sala was insured with us anyway?
Yes! T'aint rocket science.
When you buy a car in the US it’s called gap coverage, you get a boilerplate policy applied based on the value of the purchase. If you drive it into a tree after you drive it off the lot before you have a chance to formally add it to your policy, you at least have some coverage. But you can decline it to save a few quid at which point you would be fecked.
Hard to believe in the multi million pound world of football transfers nobody has thought about something similar, I imagine if we had a leg to stand on here we’d have heard the insurers paying out already. Insurance companies very rarely lose in court as they have so many lawyers and risk assessors - its what they do for a living.
it's a really freak occurrence though, I bet thousands of cars are crashed every year being driven off the lot, whereas I can't recall another situation like Sala in any other sport in history
LA Bluebird
11-05-23, 10:53
it's a really freak occurrence though, I bet thousands of cars are crashed every year being driven off the lot, whereas I can't recall another situation like Sala in any other sport in history
Plenty of athletes have died in accidents all over the world, the timing on this one is very unusual and unfortunate admittedly but on the flip side your average car you drive off the lot isn’t worth 15 million pounds, so in balance I still think there’s no way this specific scenario hasn’t been thought about and put into a contract somewhere.
TLG hits the nail on the head, it’s certainly possible that after what… 3 or 4 very expensive legal losses the club is being properly advised and the next one is going to be the one they win a brilliant victory on, but I’d suggest it’s pretty unlikely. On the face of it you’d have to say it seems like we are flailing wildly in the dark, and I’m not sure you have to have a law degree to think that’s the most likely situation.
One thing I'm curious about: at the time Tan was insistent Sala was not our player then if the broker had automatically added Sala to the insurance policy and the courts had ruled against Tan on the basis the player was insured as our asset then would Tan have attempted to litigate against the broker for covering the player without the club's express consent?
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