Sala case

[The Lone Gunman]

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?

[bigjoe]

The club have employed expert witness that states we would have had a 52-56% chance of staying up.iirc

The 100 million claim is probably an opportunity for Nantes to settle.

Either way Nantes are in trouble with the FFA

FFF?

[G rangetown Blue]

If, as reported, the transfer payment has been made, did Bordeaux get the 50% sell on fee?

[bigjoe]

The club have employed expert witness that states we would have had a 52-56% chance of staying up.iirc

The 100 million claim is probably an opportunity for Nantes to settle.

Either way Nantes are in trouble with the FFA

FFF?

[Vindec]

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.

[pomeroy]

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.

[The Lone Gunman]

That is what I assume....

Thanks.

[The Lone Gunman]

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.

[LA Bluebird]

Without touching on French employment law, I do wonder how this expert estimation that we had > 50% chance of staying up will be received in a court of law, when the defense can just as responsibly argue he could have broke his leg in his first training session with us.

I would guess that possibility is figured into this oddly specific range, but surely courts deal with facts and will be loath to hand out 100m based on probability alone?

[TWGL1]

Without touching on French employment law, I do wonder how this expert estimation that we had > 50% chance of staying up will be received in a court of law, when the defense can just as responsibly argue he could have broke his leg in his first training session with us.

I would guess that possibility is figured into this oddly specific range, but surely courts deal with facts and will be loath to hand out 100m based on probability alone?

In respect of your final paragraph, there have been quite significant decisions made by governments made on assumptions and modelling in very recent times which have been happily accepted as fact , so I’d say that City are completely correct in using a modelling approach in this regard.

[A Quiet Monkfish]

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.

[Dembe]

You seem to miss the point completely. Cardiff City have already paid for the player and donated a significant sum to the Sala Trust Fund which significantly F C Nantes and the PFA declined to do so. The case revolves around whether Nantes in their dealings with Cardiff re. the Sala transfer employed an unlicenced agent which would be illegal in French law and materially determine the legitimacy of the transfer. Cardiff City are pursuing what their lawyers consider natural justice as they believe the club has been wronged and in that case want compensation for losses incurred. It is no different from me suing a dodgy Gumtree seller that has not delivered to me the goods I paid for.
I think you need to spend more time outside than inside the Birch!!

He is on a wind up, people have explained over and over with good reasoning, which he is blatantly ignoring. He is on a wind up.

Smell it a mile off.

[Dembe]

Without touching on French employment law, I do wonder how this expert estimation that we had > 50% chance of staying up will be received in a court of law, when the defense can just as responsibly argue he could have broke his leg in his first training session with us.

I would guess that possibility is figured into this oddly specific range, but surely courts deal with facts and will be loath to hand out 100m based on probability alone?

I read something further back in the thread explaining it..

[The Lone Gunman]

There is a sequential logic to the whole 'case'.

That’s your opinion and you’re welcome to it, but I don’t believe that for a second.

[NinianKnight]

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.

[North Cardiff Blue]

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.

[Dembe]

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)

[B. Oddie]

Going to step away from this thread now, depressing to see it get to a point where people compare a young man passing away in the worst way possible to a car damaged in transit.

David

Most definitely.

[pomeroy]

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.

[Trigger]

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.

[bigjoe]

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.

[Dembe]

Most definitely.

What he means is he's done his little winding up for now

[Eric Cartman]

Careful referring to Sala's death to a plumber damaging a bathroom, you might wind up the WUM (op)

He might flounce back in only to flounce off once again.

[Dembe]

He might flounce back in only to flounce off once again.

who knows

[Cleve van Leef]

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.