Case against Willie McKay - SETTLED OUT OF COURT

[Undercoverinwurzelland]

I don't think the settlement will be financial.

I may be wrong but I assume McKay has coughed up information and documents that will aid the club's civil case against Nantes - helping to prove their responsibility for the fatal flight.

The whole purpose of suing Mckay was to get information to show Nantes was responsible (via McKay) for the flight - not money.

I think you're right. Wonder what he's agreed to give them. They must think it's useful for their case against Nantes to accept it.

[the other bob wilson]

It was hardly as if City, having bought the action in the first place, would then be looking for an out of court settlement. Therefore, it seems a reasonable assumption that they have been given access to the documents they wanted. I say this as someone who is not an expert in this field, so if anyone is able to put an alternative interpretation on this news, I would be interested in reading it.

[Taunton Blue Genie]

It was hardly as if City, having bought the action in the first place, would then be looking for an out of court settlement. Therefore, it seems a reasonable assumption that they have been given access to the documents they wanted. I say this as someone who is not an expert in this field, so if anyone is able to put an alternative interpretation on this news, I would be interested in reading it.

I have no reason to doubt jon1959's explanation but out of court settlements are otherwise common in order to save both sides escalating legal fees as well as uncertainty.

[cityhammer]

https://www.skysports.com/football/n...plane-disaster

Emiliano Sala: Cardiff City and football agent Willie McKay reach settlement five years after plane disaster

Emiliano Sala died after his private plane crashed over the English Channel in 2019; he was due to complete a club-record move to Cardiff from Nantes in January that year; Cardiff were suing agent Willie McKay in order to gain information about his involvement in the transfer.

Cardiff City and football agent Willie McKay have reached an out-of-court settlement over his involvement in the 2019 Emiliano Sala transfer, on the eve of the first day of their hearing.

Sky Sports News previously reported McKay was being sued by Cardiff in order to obtain information about his involvement in the Sala deal.

Sala was due to complete a club-record fee to Cardiff from Nantes during the January transfer window but died after his private plane crashed over the English Channel.

Sky Sports News has previously reported McKay and his son arranged the private plane for Sala.

In June 2023, Cardiff launched legal proceedings against Nantes in France, where they are seeking damages for the transfer and as part of the proceedings in France, the club were attempting to sue McKay to understand his involvement in the transfer.

According to a source close to the case, Cardiff also argue they would have avoided relegation if Sala had played for the club and are seeking damages for losses in revenue from the relegation.

As part of the proceedings in France, Nantes claim McKay had no involvement in the transfer, which Cardiff dispute.

A hearing was due to take place on February 8, but Sky Sports News has been told this hearing was cancelled after the parties reached an out-of-court settlement.

The terms of the settlement are confidential.

Sky Sports News attended a preliminary hearing last week, where McKay failed to have the proceedings delayed.

A statement from Willie McKay said: "Out of respect for the family of Emiliano Sala, I felt it was necessary to confirm that Cardiff City FC have reached an agreement with me regarding their claim against Nantes FC.

"I have, throughout this process, provided evidence to assist the Dorset Coroner, Dorset Police, Civil Aviation Authority and the Air Accidents Investigation Board and, always acted openly and honestly during all the investigations into the tragic death of Emiliano.

"My family and myself, have endured endless unfounded allegations and accusations, but we have always known that we were innocent of any wrongdoing. Throughout all the above investigations, we have been found to be innocent of any wrongdoing of any kind leading up to the awful events on the 21 January 2019."

Capital Law, lawyers for Cardiff City, told Sky Sports News: "The club is pleased with the outcome and remains committed to recovering the losses it has suffered as a result of FCN's negligence."

He hasnt actually been found innocent of anything tho. Just never been charged.

If City are happy with the outcome McKay has probably hung Nantes out to dry.

Will he very interesting when it gets to court in France. I suspect another out of court settlement.

Plenty of people, including our own fans were quick to criticise the club pursuing legal redress for the Sala incident, but the club clearly had a case all along.

[jon1959]

I have no reason to doubt jon1959's explanation but out of court settlements are otherwise common in order to save both sides escalating legal fees as well as uncertainty.

I assume that somehow the club have got the evidence they want, and McKay has taken himself out of the firing line. Not sure how both can be done - but that must surely have been the basis of the settlement. The McKay statement is all about how innocent he is!

[Enoch Mort]

Perhaps it suits McKay to volunteer documentation that indicates his link to Nantes rather than us getting unfettered access to a lot of other stuff he would rather not have out in the open ?

[Wales-Bales]

I don't think the settlement will be financial.

I may be wrong but I assume McKay has coughed up information and documents that will aid the club's civil case against Nantes - helping to prove their responsibility for the fatal flight.

The whole purpose of suing Mckay was to get information to show Nantes was responsible (via McKay) for the flight - not money.

I was thinking the same thing. The big money is in the case with Nantes, and McKay is a small fry in the grand scheme of things.

[Nobody's Rep]

Perhaps it suits McKay to volunteer documentation that indicates his link to Nantes rather than us getting unfettered access to a lot of other stuff he would rather not have out in the open ?

This every day of the week - otherwise he would have fought for his name to be cleared or no case to be found in court surely.

If he wanted to be so cooperative why wait to being on the steps of the court having been denied a delay last week - why not settle last week

[Nobody's Rep]

Wonder if the daily fail will run with this story 🤔🤔

[2b2bdoo]

Surprised no statement from city as didn’t they release one saying something about making sure they are held accountable or did I make it up lol

[light up the darkness]

I don't think the settlement will be financial.

I may be wrong but I assume McKay has coughed up information and documents that will aid the club's civil case against Nantes - helping to prove their responsibility for the fatal flight.

The whole purpose of suing Mckay was to get information to show Nantes was responsible (via McKay) for the flight - not money.

Correct
The evidence will now be presented at court (in France/Switzerland) to decide if McKay was representing Nantes. If the court decide he was then the matter will have to go before another court to review the damages claimed by Cardiff.

Neither McKay or Nantes have the money required to cover the cost of the claims even if it’s significantly reduced so this will have to unfold.
If I remember correctly Tans interest is in the recovery of his costs and the clearing of the name and reputation of Cardiff City FC

[light up the darkness]

The laws governing agents in France are much stricter and closely controlled. If McKay is shown to be acting as agent against the French FA rules that’s a new ball game and Nantes could find themselves chucked out of the league

[cityhammer]

Correct
The evidence will now be presented at court (in France/Switzerland) to decide if McKay was representing Nantes. If the court decide he was then the matter will have to go before another court to review the damages claimed by Cardiff.

Neither McKay or Nantes have the money required to cover the cost of the claims even if it’s significantly reduced so this will have to unfold.
If I remember correctly Tans interest is in the recovery of his costs and the clearing of the name and reputation of Cardiff City FC

Nantes dont have to have the money, their insurance company do!

[WJ99mobile]

I wasn’t expecting that

[Robin Friday's Ghost]

.
Plenty of people, including our own fans were quick to criticise the club pursuing legal redress for the Sala incident, but the club clearly had a case all along.

This. Plenty on here have criticised Tan for taking the legal route and not coughing up the money Nantes wanted immediately. There are literally ten of millions of £s at stake here. However much he has that's going to hurt. Add to that the reputation of the club - probably not a huge concern - and his own - definitely is a huge concern - and he'd have been mad not to. If it had been them they'd have done the same. It was just another stick to beat Tan with.

[bigjoe]

Why isn’t the amount of the settlement in the public domain?
Should it be allowed to remain confidential?

Quite often there seems to be some NDAs in these settlements so the general public shouldn't know the details.

As a more general question that I'd never thought of before. Transfers are sometimes marked as undisclosed fee. Wouldn't these eventually have to be shown on the books in the club's financial reports?

[superfeathers]

I was one who made light of city’s “ridiculous” position on this whole situation, where they seemed to be looking in every direction for a way out and someone to blame.

Credit to the club and ultimately tan though. Happy to be proved wrong

[TWGL1]

Quite often there seems to be some NDAs in these settlements so the general public shouldn't know the details.

As a more general question that I'd never thought of before. Transfers are sometimes marked as undisclosed fee. Wouldn't these eventually have to be shown on the books in the club's financial reports?

They are usually undisclosed because the actual transfer may be over a certain period (amortisation) or may have numerous add-ons which may never be paid. Ivan Toney is an example https://www.thesun.co.uk/sport/25227...ears%20earlier.

[Nobody's Rep]

Wales on line still haven't reported it and neither has the daily mail 🤔

[pomeroy]

If the Club’s case against Nantes FC is successful and it is proved that that club used a non certified agent or agents to act for them in the Sala transfer then there could be implications for the EFL and FIFA as both organisations ordered our Club to comply with impositions which could be construed, if Cardiff win their case, to be untimely and unfair and could have resulted in consequential losses for the Club. Likewise the Dail Mail article could be considered libellous. I am sure Capital Law will be burning the midnight oil in the coming weeks.

[jon1959]

If the Club’s case against Nantes FC is successful and it is proved that that club used a non certified agent or agents to act for them in the Sala transfer then there could be implications for the EFL and FIFA as both organisations ordered our Club to comply with impositions which could be construed, if Cardiff win their case, to be untimely and unfair and could have resulted in consequential losses for the Club. Likewise the Dail Mail article could be considered libellous. I am sure Capital Law will be burning the midnight oil in the coming weeks.

Hmmm…. So you’re saying Tan is going to sue FIFA next? Go Vincent!

[TWGL1]

Hmmm…. So you’re saying Tan is going to sue FIFA next? Go Vincent!

I think most people would agree that any ongoing litigation will be settled out court. Financial settlement will not be disclosed.

[jon1959]

Wales on line still haven't reported it and neither has the daily mail ��

Wales Online have finally produced their scoop!

https://www.walesonline.co.uk/sport/...agent-28591348

[Nobody's Rep]

Wales Online have finally produced their scoop!

https://www.walesonline.co.uk/sport/...agent-28591348

Haha saw this earlier - what they don't mention (I don't think) is that McKay tried to delay the court hearing last week but it was turned down

[cityhammer]

Wales Online have finally produced their scoop!

https://www.walesonline.co.uk/sport/...agent-28591348

I'm not sure that's 100% correct tho! We settled the case about information pertaining to whether he was an agent of Nantes or not, hut that is a long way from settling our issues with him.