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But, if we're talking about legal judgements, any football club which announces the signing of a new player on their website and then bases their defence on trying to claim that he wasn't actually signed at the time are going to have a tough time proving, to the Court's satisfaction, that what they're now saying is true.
How disgustingly sickly was that read, words like overjoyed, happy to help, my thoughts will always be with him, how I wish I could bring him back........ the man is an utter disgrace. You’d like to think that experienced people who’d have been in charge of the inquest would see right through this piece of shit. What a dreadful, dreadful character.
Does the contract have to be verified by the football authorities though? In this case the Premier League, does it invalidate it if discrepancies are found. I don’t know but there may be a bit more involved for it to be set in stone as opposed to signing a run of the mill contract, even they have a cooling off period. Perhaps the time between the club signing and the Premier League approval is a sort of cooling off period.
I don't think either club has deviated from expected behaviour of a football club/business here. Looks like the McKay family are going to get away with it unfortunately, thankfully Tan is vindictive and this guy has multiple closets of skeletons, bankruptcy might be the least of his worries.
To do with registration wasn't it? Might be wrong but I am thinking of it like the whole transfer deadline day shenanigans, until 'the paperwork' is through with the league then the player hasn't moved. That might not be the clubs argument but it sounds like it to me. I don't have a scooby about the legal process behind this but many a deal has fallen through on deadline day because the paperwork wasn't in.
Willie McKay's attempts to portray himself and his family as the victims in the aftermath of the crash are pathetic. As are his claims that he only arranged the flights for Emiliano Sala out of pure human kindness.
But I do wonder if his interest in staying close to the deal at that stage (and his big agent fee) is some evidence that the contract was not yet tied up, and that further revisions and fresh signatures were expected on Sala's return to Cardiff. I'm not sure if the inquest has established who paid for the flights - except that it was not Cardiff City. The only candidates are McKay himself (via his son Mark) or Nantes FC (surely not Sala's agent)?
McKay acts for self interest - he is not a charity.
Yes, I’d not thought of thatJon. I’ve always tried to approach the point of that club website piece from the sort of dispassionate viewpoint a court or judge would and that only makes me think that they’d struggle to prove their innocence, but maybe you’re on to something there.
Yeah i know this, but that is not what we are challenging with CAS is it. What we are currently challenging in court, is the governing body over the contract, that said we are responsible. If nothing was signed i could represent the case*!
*i have 100% win rate in representing myself in court
As I understand it, fee was agreed (albeit at a highly inflated price), contract signed and relevant paperwork to register Sala with PL was subsequently rejected. Sala died before the paperwork could be amended and returned to PL to complete his registration. City's case is pinned on the fact that he wasn't a registered PL player and therefore the deal wasn't complete so no payment should be made. Its a similar situation to buying a house. Solicitors exchange contracts but until completion you do not legally own the house you are buying.
That, I presume, is Nantes' point of view. City's lawyers could also argue that Nantes, their representatives (actual and implied) have failed to deliver the goods. McKay (the elder in particular) was keen to get his hands on his slice of the transfer money cake and, rather than waiting a day or two for a legit flight, used a dodgy operator to get Sala into Cardiff ASAP.
City's lawyers, way back, asserted that the contract was never completed as a result of Nantes' demands in connection with the contract. This evidence was originally ignored (according to City's lawyers) and as such they have grounds to appeal to CAS against the initial ruling to pay over £5 million to Nantes. No completion, no ownership. The outcome of the CAS case will may well change some aspects of how players are bought and sold. Terrible that we are talking lives lost like this.