Cardiff City's Legal Battle With Nantes - Update

Following conversation with senior sources at Cardiff City FC, I am providing members with an update on the club's legal claim against FC Nantes relating to the tragic death of Emiliano Sala.

Cardiff City lodged a significant legal claim in the Nantes courts immediately following a decision of the Swiss Federal Tribunal in Spring, 2023, that ruled a compensation claim was a separate matter to the earlier FIFA decision that Emiliano Sala was the club's player.

The basis of the compensation claim is that, under French law, the actions of an agent appointed by Nantes are deemed to be those of FC Nantes, itself, and that those actions directly led to the tragic accident resulting in the death of our player.

The amount of the claim is both the full value of the transfer fee paid plus a compensation sum for the loss of Premier League status that in probability would not have occurred should Emiliano Sala have played for us and caused us to avoid relegation (this has been assessed by professional independent third parties). The claim, in total, is a huge one which forensic accountants are valuing.

A procedural hearing was held in France in June at which Nantes were required to file their defence by the end of November- they did so on the last day.

A large element of their defence appears to be that they don't recognise Willie McKay as their agent and instead dealt with a different company as agent (a "shell" company which lists its directors as Willie McKay's son and wife and which at the time had no trading records filed at Companies House).Reliable sources at Cardiff City have told me that the club has copious amounts of documents disproving Nantes defence.

The June hearing was reported in the French media at the time but appears to have been based on reports prepared by PR companies employed by Nantes.

The next stage in the legal action is that Cardiff City has until the end of January, 2024, to respond to Nantes' defence after which there will be a further procedural hearing to set court dates etc.I understand that the eventual court hearing later in 2024 (if not settled out of court beforehand) will be before three judges who will be experienced business people rather than solicitors.

I hope that this brief update provides Trust members and the wider fan base with an accurate picture of the current situation in this matter.

Keith Morgan

Chair
Cardiff City Supporters Trust

Sounds promising :thumbup:

Still a very long way to go, but it may just be that we may win the legal case v Nantes.

The club may have a chance of winning regarding the transfer fee, but I can't see any chance regarding Premier League status. "Consequential loss" has to be proved, and there was no guarantee that we would have stayed up with Sala playing.

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Originally Posted by bobh

The club may have a chance of winning regarding the transfer fee, but I can't see any chance regarding Premier League status. "Consequential loss" has to be proved, and there was no guarantee that we would have stayed up with Sala playing.

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I suspect we may win the legal case, including some consequentials, but getting the dosh out of Nantes may prove very very difficult.

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Originally Posted by Former Labour leader

I suspect we may win the legal case, including some consequentials, but getting the dosh out of Nantes may prove very very difficult.

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Well, if we go through the right channels they will have to pay.

Quote:

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Originally Posted by bobh

The club may have a chance of winning regarding the transfer fee, but I can't see any chance regarding Premier League status. "Consequential loss" has to be proved, and there was no guarantee that we would have stayed up with Sala playing.

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I tend to agree, transfer fee plus associated costs less the insurance settlement already received seems the best outcome for Cardiff City . A consequential loss that can't be proved is a silly claim, but probably being used to put pressure on Nantes for an out of court settlement.

Quote:

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Originally Posted by bobh

The club may have a chance of winning regarding the transfer fee, but I can't see any chance regarding Premier League status. "Consequential loss" has to be proved, and there was no guarantee that we would have stayed up with Sala playing.

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The figures that are being bandied about would surely put a club like Nantes in serious trouble wouldn't they?

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Originally Posted by JumpersforGoalposts

I tend to agree, transfer fee plus associated costs less the insurance settlement already received seems the best outcome for Cardiff City . A consequential loss that can't be proved is a silly claim, but probably being used to put pressure on Nantes for an out of court settlement.

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Yes of course in legal cases you always go for more, knowing that a compromised out of court settlement will be less, but greater because of the potential consequences of Nantes losing the full claim.

Good to hear that we are still going after them. Whatever the agreed settlement, or court ruling of course, at least the club will have been (at least partly) vindicated.

It would be interesting to hear from those on here expressing how embarrassed they felt about the club not paying up on the original ruling.
Easy to say when its not your money and reputation at stake.

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Originally Posted by Former Labour leader

I suspect we may win the legal case, including some consequentials, but getting the dosh out of Nantes may prove very very difficult.

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How so ? - if we win the case and are awarded an amount - they will have to pay.

We’re approaching 5 years since the crash and Sala and Ibbotson’s deaths.

It’s depressing to think we’re still so far away from a conclusion to the whole situation. When it’s all finally over I’ll be fascinated to read how the case has developed over so many years.

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Originally Posted by pipster

How so ? - if we win the case and are awarded an amount - they will have to pay.

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They cannot give what they have not got!

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Originally Posted by Canton Kev

We’re approaching 5 years since the crash and Sala and Ibbotson’s deaths.

It’s depressing to think we’re still so far away from a conclusion to the whole situation. When it’s all finally over I’ll be fascinated to read how the case has developed over so many years.

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Another five to go I expect, these things take forever and other people can be be taken to court yet before it's concluded.

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Originally Posted by xsnaggle

They cannot give what they have not got!

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Is this where we find out Nantes' insurance cover is as fictional as ours was?

I assume clubs have corporate and some form of professional indemnity cover as standard? Or maybe not.

This sounds promising. There were a number of people on here who wanted us to just pay up and forget the whole affair when the legal action and refusal to pay started. I suspect they'd have had a different view were it their money. This shows that they were wrong.

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Originally Posted by bobh

The club may have a chance of winning regarding the transfer fee, but I can't see any chance regarding Premier League status. "Consequential loss" has to be proved, and there was no guarantee that we would have stayed up with Sala playing.

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Agreed. It's very flakey.

The poor lad could have picked up and injury that ruled him out for a large part of the season.

Also, it may have been that he didn't have the impact that was hoped, though having seen clips of him on YouTube, he looked great.

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Originally Posted by xsnaggle

They cannot give what they have not got!

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It'll be their insurance company that says up.

Haven't we already had a payment from our insurance company for the fees and if we seek it again do we need to pay the insurance company back as it would be double claimed ??

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Originally Posted by Nobody's Rep

Haven't we already had a payment from our insurance company for the fees and if we seek it again do we need to pay the insurance company back as it would be double claimed ??

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That's a good point and I guess you are correct. However, we know that the sum received from the Insurance was a "settlement" and not the full amount. The actual amount of the settlement is confidential and has not been disclosed. There would be more to come if we were successful. Hopefully including the interest we have also paid.

I personally have no idea what our chances of winning this case are, but given the figures involved it would have the potential to wipe them out looking at their accounts - their owner even is estimated as having something like a net worth of £100 -£200m

MAybe they should just bung us a couple of players and call it quits - I'd be happy with Alban Lafont, and they have a highly rated young left back

Sad family dispute with our twinned city:

"As many in Cardiff will be aware, there is a Boulevard de Nantes in the city, a major ring road that intersects the city centre and the Civic Centre areas. There is also a Boulevard de Cardiff running parallel with the river in the French city."

The reference to French law about instructing agents is interesting - can someone remind me:-

Who gave the McKays, instructions to arrange the flight (or agreed to their proposal)?

Seems to be suddenly important