UPDATED: David Henderson - Found guilty.

[Taunton Blue Genie]

Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

Actually, scrub that. I've just checked and it looks like there probably wouldn't have been that kind of exclusion. Personal accident and travel policies for businesses and individuals usually do, but it appears not when professional sports people are involved.
There is the potential issue of whether he'd been added to the policy between "signing" and the accident though.

Indeed. That's a second contractual issue in play. The taxi analogy earlier in this thread is an oversimplified and inaccurate analogy.

[alan_corneli]

Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

Actually, scrub that. I've just checked and it looks like there probably wouldn't have been that kind of exclusion. Personal accident and travel policies for businesses and individuals usually do, but it appears not when professional sports people are involved.
There is the potential issue of whether he'd been added to the policy between "signing" and the accident though.

I thought the prosecution said we were in the process of signing him.

[lardy]

Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

Actually, scrub that. I've just checked and it looks like there probably wouldn't have been that kind of exclusion. Personal accident and travel policies for businesses and individuals usually do, but it appears not when professional sports people are involved.
There is the potential issue of whether he'd been added to the policy between "signing" and the accident though.

Stefan Schwarz's contract at Sunderland forbade him from going into space.

[gabbsthenewt]

Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

I thought the prosecution said we were in the process of signing him.

They can say it all they want - they aren't the deciding party with regard that matter - simply the UK Civil Aviation Authority's acting prosecutors

[Vindec]

Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

They can say it all they want - they aren't the deciding party with regard that matter - simply the UK Civil Aviation Authority's acting prosecutors

Of course there are a lot of unknowns but another issue not previously mentioned is the fact Sala had not completed his registration with the Football League as there were allegedly contractual issues requiring amendment. While the club's actions in defending their actions seemed unseemly at the time I can well understand why they did so.

[gabbsthenewt]

Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

Of course there are a lot of unknowns but another issue not previously mentioned is the fact Sala had not completed his registration with the Football League as there were allegedly contractual issues requiring amendment. While the club's actions in defending their actions seemed unseemly at the time I can well understand why they did so.

It's previously mentioned.

.

On paying the £15m - it has already been considered and ruled upon by Fifa's Players Status Committee that the transfer had completed - we of course countered that it hadn't been complete as they hadn't completed his registration with the PL - to which of course comes the counter - that's up to you to do once he is your player - Cardiff City's own look out to get completed and not part of the completion of a transfer - you could probably own a player but not register them indefinitely.

[nugent]

Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

So if this happened 2 years into a contract would we be going back to Nantes for our money back?

Of course not.

2 things will happen here .

1. We'll end up paying Nantes.

2. We'll have to reclaim that money in a separate claim against the airline.
Who I'll guarantee won't have the money and will go bust

[jon1959]

Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

On paying the £15m - it has already been considered and ruled upon by Fifa's Players Status Committee that the transfer had completed - we of course countered that it hadn't been complete as they hadn't completed his registration with the PL - to which of course comes the counter - that's up to you to do once he is your player - Cardiff City's own look out to get completed and not part of the completion of a transfer - you could probably own a player but not register them indefinitely.

I'm sure you are right that the non-registration of Sala with the Premier League is irrelevant to whether the Nantes to Cardiff transfer had been completed. I could never understand why Mehmet Dalman even raised that as an issue in the aftermath of the crash.

However, I am sure there are other contractual discrepancies that meant the contract shown in front of Sala, Choo and the rest in the press photos had to be amended and re-signed to be valid. The fee and the instalments were agreed but if I remember rightly other issues that included personal terms and agent fees were incomplete or invalid. In normal circumstances that would have been done in the next 48 hours with no photographers in sight, and the world would have been none the wiser.

[A Quiet Monkfish]

Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

If City had insurance in place before the flight, then whether the insurance co. pays out or counter claims another insured party, would have no financial impact upon City either way. A player valued at £15 million by both City and Nantes would unlikely to have been uninsured for any point in time, wherever he was. He was either a Nantes player under their insurance, or a City player under theirs. Of course, this assumes we had insurance in effect from the time it's deemed he was our player.

[gabbsthenewt]

Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

I'm sure you are right that the non-registration of Sala with the Premier League is irrelevant to whether the Nantes to Cardiff transfer had been completed. I could never understand why Mehmet Dalman even raised that as an issue in the aftermath of the crash.

However, I am sure there are other contractual discrepancies that meant the contract shown in front of Sala, Choo and the rest in the press photos had to be amended and re-signed to be valid. The fee and the instalments were agreed but if I remember rightly other issues that included personal terms and agent fees were incomplete or invalid. In normal circumstances that would have been done in the next 48 hours with no photographers in sight, and the world would have been none the wiser.

This is all granted but I'm yet to see any of that evidenced...there is still time and it's not to me but to court they may have already given the details...time will tell. There have been details coming out and I may not have seen all of them, but we certainly know they attempted a challenge on the basis of the non registration, and they failed to pay -(whether that was at the request of an insurer one can only speculate).

It's the Sala family my thoughts come to everytime I give it thought. Very glad Romina lived through a suicide attempt, that family has been through so much already.

[Toadstool]

Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

It could be that Cardiff are hoping that in some way the trial points the finger at Nantes for requesting the flight - afterall they were a client of McKay who actually arranged the flight.
If Nantes are responsible in some way, then the negligence could be passed down the line to them, and therefore they could be held somewhat responsible?

[cityhammer]

Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

It could be that Cardiff are hoping that in some way the trial points the finger at Nantes for requesting the flight - afterall they were a client of McKay who actually arranged the flight.
If Nantes are responsible in some way, then the negligence could be passed down the line to them, and therefore they could be held somewhat responsible?

Nantes involvement isn’t anything to do with negligence as I see it, the taxi scenario is relevant at that point, but the bigger picture is it MacKay was acting as Nantes agent and made arrangements to deliver him to us safely, then I think at that point you have to consider were Nantes responsible for his safe delivery, in the same way as if I buy something on eBay I am the contract is complete. If it gets lost in transit due to the courier employed by the seller, I sure as hell ain’t paying for it.

[Taunton Blue Genie]

Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

Stefan Schwarz's contract at Sunderland forbade him from going into space.

Same with City's players. Hence the lack of movement on the pitch.

[Optimistic Nick]

Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

It really is that simple.
You jump in a taxi, you don't ask to see the drivers licence do you?
You entrust the taxi company to provide you with a competent driver.

Henderson looks to be the owner of the plane and organised the flight.
He'll go down

This isn't a taxi tho. It's not that simple.