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Thread: Sala case

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  1. #1

    Re: Sala case

    Quote Originally Posted by Vindec View Post
    Clearly it took the Court cases against McKay to get the relevant proof that he was acting for Nantes who paid and arranged for the dodgy flight.
    Nantes paid for and arranged the flight? Is that a fact?

  2. #2

    Re: Sala case

    Quote Originally Posted by The Lone Gunman View Post
    Nantes paid for and arranged the flight? Is that a fact?
    That is what I assume the club were aiming to prove when they asked for the relevant document in the Court case at least that is what I assumed was the position especially as the club got the Court to order McKay to release documents which gave the club the proof they needed to pursue their claim in the French courts.

    If you have more accurate information please let me know.

  3. #3

    Re: Sala case

    Quote Originally Posted by Vindec View Post
    That is what I assume....
    Thanks.

  4. #4

    Re: Sala case

    Quote Originally Posted by The Lone Gunman View Post
    Nantes paid for and arranged the flight? Is that a fact?
    You obviously have not taken in the status of the agent , especially in French employment law, so let me put it in simple terms . The agent acts on behalf of the club and is in law DEEMED TO BE THE CLUB. So think it through and you will come to the same conclusion as the judge will I hope come to.

  5. #5

    Re: Sala case

    Quote Originally Posted by pomeroy View Post
    You obviously have not taken in the status of the agent , especially in French employment law, so let me put it in simple terms . The agent acts on behalf of the club and is in law DEEMED TO BE THE CLUB. So think it through and you will come to the same conclusion as the judge will I hope come to.
    Many thanks, I feel honoured to have been educated by an EXPERT IN FRENCH EMPLOYMENT LAW. It’s just a shame the club didn’t go to a scholar like you for advice in the first place instead of spending huge sums of money on legal fees and entering transfer embargoes while maintaining for several years that they never signed the player in the first place. I’m sure you could have put the situation in simple terms for Tan and Co. All the club needed to do (allegedly) was THINK IT THROUGH.

  6. #6

    Re: Sala case

    Quote Originally Posted by The Lone Gunman View Post
    Many thanks, I feel honoured to have been educated by an EXPERT IN FRENCH EMPLOYMENT LAW. It’s just a shame the club didn’t go to a scholar like you for advice in the first place instead of spending huge sums of money on legal fees and entering transfer embargoes while maintaining for several years that they never signed the player in the first place. I’m sure you could have put the situation in simple terms for Tan and Co. All the club needed to do (allegedly) was THINK IT THROUGH.
    There is a sequential logic to the whole 'case'. As I understand it the club's broker has settled out of court for not putting Sala 'on cover'. It had to be established in court either way before the broker's liability or otherwise was determined.

  7. #7

    Re: Sala case

    Quote Originally Posted by The Lone Gunman View Post
    Many thanks, I feel honoured to have been educated by an EXPERT IN FRENCH EMPLOYMENT LAW. It’s just a shame the club didn’t go to a scholar like you for advice in the first place instead of spending huge sums of money on legal fees and entering transfer embargoes while maintaining for several years that they never signed the player in the first place. I’m sure you could have put the situation in simple terms for Tan and Co. All the club needed to do (allegedly) was THINK IT THROUGH.
    I am not an expert in French employment law but an enquirer with the modicum of intelligence has access to it via the internet. The crux of the matter is that Cardiff City entered into a contract to buy a player who , through no fault of the club , never managed to play for the club despite Cardiff City discharging its responsibilities to FC Nantes in full. The club I.e. CCFC is now seeking redress through the courts for FC Nantes to compensate Cardiff City for not legally fulfilling its part of the contract. This action appears in the eyes of many to be a matter of natural justice but there are others who , due to their own perverse agendas , want the club to fail in this action. In my opinion the peremptory sanctions imposed on the club by the EFL and FIFA had consequential affects to the detriment of the club and need addressing at a later date by the City’s lawyers.

  8. #8

    Re: Sala case

    Let's be honest, no one on here really has much clue how much chance the club/Tan has of winning this case.

    I struggle to believe it's anymore than a calculated gamble, I may be wrong as I don't know, but that's the vibe i'm getting.

    Meanwhile though it just throws more shade at the club and drags the saga on some more months. I can't imagine what the family think of it all.

  9. #9

    Re: Sala case

    If the case does go Tan's way, wonder how much they realistically hope to get. Nantes aren't super rich and Kita sounds like a person that would put the club in admin if he'd have to find some big money.

  10. #10

    Re: Sala case

    Quote Originally Posted by bigjoe View Post
    If the case does go Tan's way, wonder how much they realistically hope to get. Nantes aren't super rich and Kita sounds like a person that would put the club in admin if he'd have to find some big money.
    Nantes’ insurers will advise re. a settlement as they will have to stump up the cash.

  11. #11

    Re: Sala case

    Quote Originally Posted by pomeroy View Post
    Nantes’ insurers will advise re. a settlement as they will have to stump up the cash.
    If it goes for Tan then the insurers will probably try to dip out of it as McKay/Nantes supplied an unqualified pilot. The lawyers will avoir un jour de champ.

  12. #12

    Re: Sala case

    Quote Originally Posted by pomeroy View Post
    Nantes’ insurers will advise re. a settlement as they will have to stump up the cash.
    Do you seriously believe there is an insurance policy that pays out where there has been illegal activity involved, and that it pays out "uncapped" as to the risks covered?

  13. #13

    Re: Sala case

    Quote Originally Posted by pomeroy View Post
    Nantes’ insurers will advise re. a settlement as they will have to stump up the cash.
    Do you seriously believe there is an insurance policy that pays out where there has been illegal activity involved, and that it pays out "uncapped" as to the risks covered?

  14. #14

    Re: Sala case

    Quote Originally Posted by pomeroy View Post
    I am not an expert in French employment law but an enquirer with the modicum of intelligence has access to it via the internet. The crux of the matter is that Cardiff City entered into a contract to buy a player who , through no fault of the club , never managed to play for the club despite Cardiff City discharging its responsibilities to FC Nantes in full. The club I.e. CCFC is now seeking redress through the courts for FC Nantes to compensate Cardiff City for not legally fulfilling its part of the contract. This action appears in the eyes of many to be a matter of natural justice but there are others who , due to their own perverse agendas , want the club to fail in this action. In my opinion the peremptory sanctions imposed on the club by the EFL and FIFA had consequential affects to the detriment of the club and need addressing at a later date by the City’s lawyers.

  15. #15

    Re: Sala case

    Quote Originally Posted by The Lone Gunman View Post
    Nantes paid for and arranged the flight? Is that a fact?
    If the documentation proves that McKay was working for Nantes, then because of vicariously liability Nantes would be deemed as having arranged and paid for the flights even though they didn't do so directly or were even aware of the arrangements. They are ultimately responsible for their employee/agent/sub-contractors negligence.

    It is the same as say a plumber working for a company who damages your bathroom. He personally wouldn't be liable to pay for the damage the plumbing company would.

    The point would be who was McKay invoicing for arranging the flights? Nantes, Cardiff, Sala? Because I don't believe for one moment he was doing it out of the kindness of his heart.

  16. #16
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    Re: Sala case

    Quote Originally Posted by NinianKnight View Post
    If the documentation proves that McKay was working for Nantes, then because of vicariously liability Nantes would be deemed as having arranged and paid for the flights even though they didn't do so directly or were even aware of the arrangements. They are ultimately responsible for their employee/agent/sub-contractors negligence.

    It is the same as say a plumber working for a company who damages your bathroom. He personally wouldn't be liable to pay for the damage the plumbing company would.

    The point would be who was McKay invoicing for arranging the flights? Nantes, Cardiff, Sala? Because I don't believe for one moment he was doing it out of the kindness of his heart.

    Either he was doing it as part of the agents' service for which they would receive a massive fee, or Nantes and if it was Nantes bingo, give us the money!

    As above even if the agents were paying for it from their fee they were still acting for Nantes so either way from the above thread if people are correct it seems positive.

  17. #17

    Re: Sala case

    Quote Originally Posted by NinianKnight View Post
    If the documentation proves that McKay was working for Nantes, then because of vicariously liability Nantes would be deemed as having arranged and paid for the flights even though they didn't do so directly or were even aware of the arrangements. They are ultimately responsible for their employee/agent/sub-contractors negligence.

    It is the same as say a plumber working for a company who damages your bathroom. He personally wouldn't be liable to pay for the damage the plumbing company would.

    The point would be who was McKay invoicing for arranging the flights? Nantes, Cardiff, Sala? Because I don't believe for one moment he was doing it out of the kindness of his heart.
    Careful referring to Sala's death to a plumber damaging a bathroom, you might wind up the WUM (op)

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