Sala case

[North Cardiff Blue]

Re: Sala case

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.

Either he was doing it as part of the agents' service for which they would receive a massive fee, or Nantes and if it was Nantes bingo, give us the money!

As above even if the agents were paying for it from their fee they were still acting for Nantes so either way from the above thread if people are correct it seems positive.

[Dembe]

Re: Sala case

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.

Careful referring to Sala's death to a plumber damaging a bathroom, you might wind up the WUM (op)

[B. Oddie]

Re: Sala case

Going to step away from this thread now, depressing to see it get to a point where people compare a young man passing away in the worst way possible to a car damaged in transit.

David

Most definitely.

[pomeroy]

Re: Sala case

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.

I am not an expert in French employment law but an enquirer with the modicum of intelligence has access to it via the internet. The crux of the matter is that Cardiff City entered into a contract to buy a player who , through no fault of the club , never managed to play for the club despite Cardiff City discharging its responsibilities to FC Nantes in full. The club I.e. CCFC is now seeking redress through the courts for FC Nantes to compensate Cardiff City for not legally fulfilling its part of the contract. This action appears in the eyes of many to be a matter of natural justice but there are others who , due to their own perverse agendas , want the club to fail in this action. In my opinion the peremptory sanctions imposed on the club by the EFL and FIFA had consequential affects to the detriment of the club and need addressing at a later date by the City’s lawyers.

[Trigger]

Re: Sala case

Let's be honest, no one on here really has much clue how much chance the club/Tan has of winning this case.

I struggle to believe it's anymore than a calculated gamble, I may be wrong as I don't know, but that's the vibe i'm getting.

Meanwhile though it just throws more shade at the club and drags the saga on some more months. I can't imagine what the family think of it all.

[bigjoe]

Re: Sala case

If the case does go Tan's way, wonder how much they realistically hope to get. Nantes aren't super rich and Kita sounds like a person that would put the club in admin if he'd have to find some big money.

[Dembe]

Re: Sala case

Most definitely.

What he means is he's done his little winding up for now :thumbup:

[Eric Cartman]

Re: Sala case

Careful referring to Sala's death to a plumber damaging a bathroom, you might wind up the WUM (op)

He might flounce back in only to flounce off once again.

[Dembe]

Re: Sala case

He might flounce back in only to flounce off once again.

who knows

[Cleve van Leef]

Re: Sala case

I am not an expert in French employment law but an enquirer with the modicum of intelligence has access to it via the internet. The crux of the matter is that Cardiff City entered into a contract to buy a player who , through no fault of the club , never managed to play for the club despite Cardiff City discharging its responsibilities to FC Nantes in full. The club I.e. CCFC is now seeking redress through the courts for FC Nantes to compensate Cardiff City for not legally fulfilling its part of the contract. This action appears in the eyes of many to be a matter of natural justice but there are others who , due to their own perverse agendas , want the club to fail in this action. In my opinion the peremptory sanctions imposed on the club by the EFL and FIFA had consequential affects to the detriment of the club and need addressing at a later date by the City’s lawyers.

:thumbup:

[pomeroy]

Re: Sala case

If the case does go Tan's way, wonder how much they realistically hope to get. Nantes aren't super rich and Kita sounds like a person that would put the club in admin if he'd have to find some big money.

Nantes’ insurers will advise re. a settlement as they will have to stump up the cash.

[light up the darkness]

Re: Sala case

Warnock.

[bigjoe]

Re: Sala case

Nantes’ insurers will advise re. a settlement as they will have to stump up the cash.

If it goes for Tan then the insurers will probably try to dip out of it as McKay/Nantes supplied an unqualified pilot. The lawyers will avoir un jour de champ.

[pipster]

Re: Sala case

If it goes for Tan then the insurers will probably try to dip out of it as McKay/Nantes supplied an unqualified pilot. The lawyers will avoir un jour de champ.

Always said that us losing the initial case has been a blessing - if he was our player - then what they did endangered our asset. Incurred a business loss etc.

McKay has been ordered to submit all devices used when the Sala transfer was going through. Both him, his wife and Son. They have tried various excuses, the deadline was around about now I believe. If not submitted McKay faces jail time as does anyone else who fails to comply.

Forensically McKay maybe surprised with what can be retrieved - and it can be detected if he has swapped disks during that time. He has little place to hide at the moment. His best bet would be to turn in his evidence - and hope he doesnt go down for obstruction.

"avoir un jour de champ" yes indeed they will.

[JumpersforGoalposts]

Re: Sala case

Nantes’ insurers will advise re. a settlement as they will have to stump up the cash.

Do you seriously believe there is an insurance policy that pays out where there has been illegal activity involved, and that it pays out "uncapped" as to the risks covered?