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Interesting post from the Cardiff City Forum:
A while back I posted on this in relation to Vicarious Liability
https://www.cardiffcityforum.co.uk/v...p?f=2&t=206206
Firstly, and this is the main priority, let us not forget that someones life was lost and his Argeninian Family, His footballing family and friends all across the globe were effected by this tragedy.
Following a death, particularly one like this, finances do come into play, and this guilty plea (In my opinion) will have an effect on the ongoing battle over "who owes what".
There are two sets of proceedings in play:
1) Criminal Proceedings - Over Sala death
2) Civil Proceedings - Between Cardiff and Nantes FC
Section 11 of the Civil Evidence Act states that if a person is found guilty in criminal proceedings then they are considered negligent in Civil Proceedings
So, if in organising the flight, Henderson was acting as an agent for Nantes FC then Nantes FC are vicariously liable for his actions.
And if he is negligent that Nantes, being vicariously liable for his actions, then become liable for any monies lost as a result of that negligence.
Monies lost could include (but not limited to)
1) Money owed to Sala family - as a result of lost income during his career.
2) Money owed to CCFC - in respect to the transfer fee
3) Money owed to CCFC - as a result of Loss of Income as a result of being deprived of his services (this could be huge given we were relegated that season).
The way I see it is as follows:
Irrespective as to anything else we owe Nantes £15m there was intention to form a contract there
As a result of being vicariously liable for Hendersons actions Nantes deprived us of the benefit of that £15m investment and civil proceedings should see it being restored to us.
I believe CCFC should also now pursue Nantes FC for Loss of Income as a result of being deprived of his services. If a Court could be persuaded that we would have stayed up then we could be looking at 1,2 or even 3 years worth of Premier League Income.
Everything makes sense to me except for that last paragraph.Originally Posted by life on mars
There's no court in the world would rule on us staying up or not had he played for us.
No way.
And I cant see any blame going past the aeroplane company and or the pilot.
Nantes is not culpable neither is cardiff city.
If I ordered you a taxi and you ended up in a crash, and it turns out the taxi driver has an expired licence and the car was faulty then its the company's fault. Simple as
Interesting statement from the prosecution....“It is the prosecution case that Mr Henderson as the operator, a word we will come back to, of N264DB organised these flights for Emiliano Sala to be flown from Cardiff to France and back at a time when Cardiff City Football Club were in the process of signing Mr Sala.
Wishful thinking but it's never that simple
I noticed that. Interesting turn of phrase.
The defence hasn't had it's say yet, but some of the messages to and from Henderson given by the prosecution today are pretty damning. Looks like he knew full well that Ibbotson shouldn't have been flying that plane. https://www.walesonline.co.uk/news/w...trial-21887929
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
Wow, talk about self incrimination. This trial should be over in hours rather than weeks!
One massive unanswered questioned. Who hired Henderson?
This report says the jury was told that McKay asked Henderson to organise the flight and was asked to provide £4k as 'float'
https://www.theguardian.com/uk-news/...droidApp_Other
Wasn't Willie McKay banned from acting as an agent at the time, hence the involvement of his sons (even though Willie McKay was still controlling the whole transfer)?
That's how I understand it. I also read that McKay was an 'adviser' to Nantes and had previously pestered Sala about being able to organise a lucrative move to the EPL. This isn't strictly relevant to the court case I guess but as we've already seen facts will emerge which may shed some light on the shenanigons surrounding the deal..Of course it shouldn't be forgotten that two people needlessly lost their lives but it.will be interesting to learn more of the facts rather than speculation.
Plane was registered in USA and owned through a company called Cool Flourish in UK. Basically, they rented the aircraft out.
So, why was Sala flown back and forth from France, I know it’s been said it was to say goodbye to his teammates but if so, who instructed McKay to get the flights sorted - if it intimately came from the french club surely then that could be the situation Cardiff are waiting for?
Who asked Henderson to sort the flight? Nantes? Or an agent?
Didn't one of McKays' sons tell Sala his Dad could sort a flight to suit his timescales?
This is the £15m question. If McKay was acting for Cardiff we pay, if he was acting for Nantes, we don't. If he was acting for Sala, god knows how it gets resolved!
Surely Cardiff were not responsible for the descions to fly Sala back and forth , why would they?
Why are people worrying about who sorted the flight.
Again, just like sorting a taxi for your mate , or a private mini bus, you'll expect the company to be legit , you don't ask to see anyone licence.
And Henderson is involved with the day to day operations of the aircraft.
Have you read the BBC story?
The day after the crash he's texted engineer saying " ibbos killed himself and a vip pax, don't say a word"
Because it will influence the outcome of the dispute between City & Nantes. Who asked McKay, who was he working on behalf of? Remember City offered him a commercial flight which he or someone on his behalf declined. For the transfer fee I believe it’s the crux of the whole case.
I think the key thing is, we know the McKay’s asked Henderson to organise the flight, but did they know he operated in such a dodgy way and also did they know he was using Ibbertson.
Then that link needs to be made between McKay and Nantes.
Long way to go yet, but 2 things stand out for me.
1. City were right to want to find out what happened before paying. They seem to be victims in this too
2. A poor lad has died here, due to someone taking insane chances for a quick buck. It’s horrendous. Not forgetting the pilot, although it’s looking like he was partly to blame himself.
Throw into the mix the owner's liability for maintaining the plane. If I recall correctly, the aircraft was serviced 3 months before the crash. However, it was so old, and in need of repair immediately prior to the accident, that the airworthiness of the aircraft has to be questioned, too. Therefore, owners are liable in part. Especially as carbon monoxide poisoning has been found as contributing to the accident.
Everything is useful information. What if they were using them because they know they are cheap, and know WHY they are cheap. What if there are some other corners being cut.
People who deal with whoever sorted the flight in future have the right to know if they were completely in the dark about the illegality of the flight, or whether they knew and didn't care.
Do professional sportsmen and sportswomen have clauses in their clubs' insurance contracts where they have cover only it travelling on approved airlines?
Don't forget the fact the pilot was unlicensed to fly a plane at night. CCFC were "in the process" of signing Sala, offered Sala a scheduled flight until a third party intervened and the agent concerned was acting on behalf of Nantes. I can't see how the club could be liable for anything.
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