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  • #76
    Re: Sala case

    Originally posted by Vindec View Post
    Clearly it took the Court cases against McKay to get the relevant proof that he was acting for Nantes who paid and arranged for the dodgy flight.
    Nantes paid for and arranged the flight? Is that a fact?

    Comment


    • #77
      Re: Sala case

      Originally posted by light up the darkness View Post
      The club have employed expert witness that states we would have had a 52-56% chance of staying up.iirc

      The 100 million claim is probably an opportunity for Nantes to settle.

      Either way Nantes are in trouble with the FFA
      FFF?

      Comment


      • #78
        Re: Sala case

        If, as reported, the transfer payment has been made, did Bordeaux get the 50% sell on fee?

        Comment


        • #79
          Re: Sala case

          Originally posted by light up the darkness View Post
          The club have employed expert witness that states we would have had a 52-56% chance of staying up.iirc

          The 100 million claim is probably an opportunity for Nantes to settle.

          Either way Nantes are in trouble with the FFA
          FFF?

          Comment


          • #80
            Re: Sala case

            Originally posted by The Lone Gunman View Post
            Nantes paid for and arranged the flight? Is that a fact?
            That is what I assume the club were aiming to prove when they asked for the relevant document in the Court case at least that is what I assumed was the position especially as the club got the Court to order McKay to release documents which gave the club the proof they needed to pursue their claim in the French courts.

            If you have more accurate information please let me know.

            Comment


            • #81
              Re: Sala case

              Originally posted by The Lone Gunman View Post
              Nantes paid for and arranged the flight? Is that a fact?
              You obviously have not taken in the status of the agent , especially in French employment law, so let me put it in simple terms . The agent acts on behalf of the club and is in law DEEMED TO BE THE CLUB. So think it through and you will come to the same conclusion as the judge will I hope come to.

              Comment


              • #82
                Re: Sala case

                Originally posted by Vindec View Post
                That is what I assume....
                Thanks.

                Comment


                • #83
                  Re: Sala case

                  Originally posted by pomeroy View Post
                  You obviously have not taken in the status of the agent , especially in French employment law, so let me put it in simple terms . The agent acts on behalf of the club and is in law DEEMED TO BE THE CLUB. So think it through and you will come to the same conclusion as the judge will I hope come to.
                  Many thanks, I feel honoured to have been educated by an EXPERT IN FRENCH EMPLOYMENT LAW. It’s just a shame the club didn’t go to a scholar like you for advice in the first place instead of spending huge sums of money on legal fees and entering transfer embargoes while maintaining for several years that they never signed the player in the first place. I’m sure you could have put the situation in simple terms for Tan and Co. All the club needed to do (allegedly) was THINK IT THROUGH.

                  Comment


                  • #84
                    Re: Sala case

                    Without touching on French employment law, I do wonder how this expert estimation that we had > 50% chance of staying up will be received in a court of law, when the defense can just as responsibly argue he could have broke his leg in his first training session with us.

                    I would guess that possibility is figured into this oddly specific range, but surely courts deal with facts and will be loath to hand out 100m based on probability alone?

                    Comment


                    • #85
                      Re: Sala case

                      Originally posted by LA Bluebird View Post
                      Without touching on French employment law, I do wonder how this expert estimation that we had > 50% chance of staying up will be received in a court of law, when the defense can just as responsibly argue he could have broke his leg in his first training session with us.

                      I would guess that possibility is figured into this oddly specific range, but surely courts deal with facts and will be loath to hand out 100m based on probability alone?
                      In respect of your final paragraph, there have been quite significant decisions made by governments made on assumptions and modelling in very recent times which have been happily accepted as fact , so I’d say that City are completely correct in using a modelling approach in this regard.

                      Comment


                      • #86
                        Re: Sala case

                        Originally posted by The Lone Gunman View Post
                        Many thanks, I feel honoured to have been educated by an EXPERT IN FRENCH EMPLOYMENT LAW. It’s just a shame the club didn’t go to a scholar like you for advice in the first place instead of spending huge sums of money on legal fees and entering transfer embargoes while maintaining for several years that they never signed the player in the first place. I’m sure you could have put the situation in simple terms for Tan and Co. All the club needed to do (allegedly) was THINK IT THROUGH.
                        There is a sequential logic to the whole 'case'. As I understand it the club's broker has settled out of court for not putting Sala 'on cover'. It had to be established in court either way before the broker's liability or otherwise was determined.

                        Comment


                        • #87
                          Re: Sala case

                          Originally posted by pomeroy View Post
                          You seem to miss the point completely. Cardiff City have already paid for the player and donated a significant sum to the Sala Trust Fund which significantly F C Nantes and the PFA declined to do so. The case revolves around whether Nantes in their dealings with Cardiff re. the Sala transfer employed an unlicenced agent which would be illegal in French law and materially determine the legitimacy of the transfer. Cardiff City are pursuing what their lawyers consider natural justice as they believe the club has been wronged and in that case want compensation for losses incurred. It is no different from me suing a dodgy Gumtree seller that has not delivered to me the goods I paid for.
                          I think you need to spend more time outside than inside the Birch!!
                          He is on a wind up, people have explained over and over with good reasoning, which he is blatantly ignoring. He is on a wind up.

                          Smell it a mile off.

                          Comment


                          • #88
                            Re: Sala case

                            Originally posted by LA Bluebird View Post
                            Without touching on French employment law, I do wonder how this expert estimation that we had > 50% chance of staying up will be received in a court of law, when the defense can just as responsibly argue he could have broke his leg in his first training session with us.

                            I would guess that possibility is figured into this oddly specific range, but surely courts deal with facts and will be loath to hand out 100m based on probability alone?
                            I read something further back in the thread explaining it..

                            Comment


                            • #89
                              Re: Sala case

                              Originally posted by A Quiet Monkfish View Post
                              There is a sequential logic to the whole 'case'.
                              That’s your opinion and you’re welcome to it, but I don’t believe that for a second.

                              Comment


                              • #90
                                Re: Sala case

                                Originally posted by The Lone Gunman View Post
                                Nantes paid for and arranged the flight? Is that a fact?
                                If the documentation proves that McKay was working for Nantes, then because of vicariously liability Nantes would be deemed as having arranged and paid for the flights even though they didn't do so directly or were even aware of the arrangements. They are ultimately responsible for their employee/agent/sub-contractors negligence.

                                It is the same as say a plumber working for a company who damages your bathroom. He personally wouldn't be liable to pay for the damage the plumbing company would.

                                The point would be who was McKay invoicing for arranging the flights? Nantes, Cardiff, Sala? Because I don't believe for one moment he was doing it out of the kindness of his heart.

                                Comment

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