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Thread: UPDATED: David Henderson - Found guilty.

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  1. #1

    Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

    Quote Originally Posted by Toadstool View Post
    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?
    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!

  2. #2

    Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

    Quote Originally Posted by cityhammer View Post
    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!
    I can't settle on the £15m question being simply - who was McKay/(in turn - Henderson) acting on behalf of.

    The agent's duties would be deemed to have had a beginning and end - in Nantes opinion they clearly believe the deal had been completed during the weekend while he is pictured with Choo signing forms and doing the ayatollah at the CCS. They would of course therefore maintain these flights between Sala and McKay were organised acting on behalf of Sala and Sala only. (I can only make out that it McKay's agency to book the flight was certainly not on Cardiff City's behalf in any case).

    On negligence - it's quite clear Dave Henderson is absolutely done for, that's about all I can fathom clearly from the ongoing case.

    On paying the £15m - it has already been considered and ruled upon by Fifa's Players Status Committee that the transfer had completed - we of course countered that it hadn't been complete as they hadn't completed his registration with the PL - to which of course comes the counter - that's up to you to do once he is your player - Cardiff City's own look out to get completed and not part of the completion of a transfer - you could probably own a player but not register them indefinitely.

    As for redress to CCFC from the court/Insurance monies - I've seen people say nah Insurance would have been voided by the fact the plane wasn't air worthy and the pilot wasn't adequately qualified - it's not clear what insurance they are addressing there! I would have thought the club would have had insurance of Sala himself established during that weekend and I would be majorly surprised if it didn't cover such sort of a incident. Although of course a definitive answer regards that can only be made with reference to the full detail of the insurance policies and its clauses.

  3. #3

    Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

    Quote Originally Posted by gabbsthenewt View Post
    I can't settle on the £15m question being simply - who was McKay/(in turn - Henderson) acting on behalf of.

    The agent's duties would be deemed to have had a beginning and end - in Nantes opinion they clearly believe the deal had been completed during the weekend while he is pictured with Choo signing forms and doing the ayatollah at the CCS. They would of course therefore maintain these flights between Sala and McKay were organised acting on behalf of Sala and Sala only. (I can only make out that it McKay's agency to book the flight was certainly not on Cardiff City's behalf in any case).

    On negligence - it's quite clear Dave Henderson is absolutely done for, that's about all I can fathom clearly from the ongoing case.

    On paying the £15m - it has already been considered and ruled upon by Fifa's Players Status Committee that the transfer had completed - we of course countered that it hadn't been complete as they hadn't completed his registration with the PL - to which of course comes the counter - that's up to you to do once he is your player - Cardiff City's own look out to get completed and not part of the completion of a transfer - you could probably own a player but not register them indefinitely.

    As for redress to CCFC from the court/Insurance monies - I've seen people say nah Insurance would have been voided by the fact the plane wasn't air worthy and the pilot wasn't adequately qualified - it's not clear what insurance they are addressing there! I would have thought the club would have had insurance of Sala himself established during that weekend and I would be majorly surprised if it didn't cover such sort of a incident. Although of course a definitive answer regards that can only be made with reference to the full detail of the insurance policies and its clauses.
    A much more reasoned outlook. I still think we will end up paying.

  4. #4

    Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

    Quote Originally Posted by WJ99mobile View Post
    A much more reasoned outlook. I still think we will end up paying.
    Yes, I agree, it’s so hard to think otherwise after that picture and announcement from the club three days before Sala died.

  5. #5

    Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

    Quote Originally Posted by gabbsthenewt View Post
    I can't settle on the £15m question being simply - who was McKay/(in turn - Henderson) acting on behalf of.

    The agent's duties would be deemed to have had a beginning and end - in Nantes opinion they clearly believe the deal had been completed during the weekend while he is pictured with Choo signing forms and doing the ayatollah at the CCS. They would of course therefore maintain these flights between Sala and McKay were organised acting on behalf of Sala and Sala only. (I can only make out that it McKay's agency to book the flight was certainly not on Cardiff City's behalf in any case).

    On negligence - it's quite clear Dave Henderson is absolutely done for, that's about all I can fathom clearly from the ongoing case.

    On paying the £15m - it has already been considered and ruled upon by Fifa's Players Status Committee that the transfer had completed - we of course countered that it hadn't been complete as they hadn't completed his registration with the PL - to which of course comes the counter - that's up to you to do once he is your player - Cardiff City's own look out to get completed and not part of the completion of a transfer - you could probably own a player but not register them indefinitely.

    As for redress to CCFC from the court/Insurance monies - I've seen people say nah Insurance would have been voided by the fact the plane wasn't air worthy and the pilot wasn't adequately qualified - it's not clear what insurance they are addressing there! I would have thought the club would have had insurance of Sala himself established during that weekend and I would be majorly surprised if it didn't cover such sort of a incident. Although of course a definitive answer regards that can only be made with reference to the full detail of the insurance policies and its clauses.
    Actually funnily enough I started by saying "I can't settle on the £15m question being who was McKay acting on behalf of" - reading it indeed that is the key question - but obviously it's not simple - if you were to read the situation per how it's gone so far through the sporting courts - currently rulings to date have concluded that the move had completed and the flight wasn't made on behalf of anyone but Sala himself - his travelling back to Nantes was his own choice and journey.

  6. #6
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    Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

    Quote Originally Posted by gabbsthenewt View Post

    On paying the £15m - it has already been considered and ruled upon by Fifa's Players Status Committee that the transfer had completed - we of course countered that it hadn't been complete as they hadn't completed his registration with the PL - to which of course comes the counter - that's up to you to do once he is your player - Cardiff City's own look out to get completed and not part of the completion of a transfer - you could probably own a player but not register them indefinitely.
    I'm sure you are right that the non-registration of Sala with the Premier League is irrelevant to whether the Nantes to Cardiff transfer had been completed. I could never understand why Mehmet Dalman even raised that as an issue in the aftermath of the crash.

    However, I am sure there are other contractual discrepancies that meant the contract shown in front of Sala, Choo and the rest in the press photos had to be amended and re-signed to be valid. The fee and the instalments were agreed but if I remember rightly other issues that included personal terms and agent fees were incomplete or invalid. In normal circumstances that would have been done in the next 48 hours with no photographers in sight, and the world would have been none the wiser.

  7. #7

    Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

    If City had insurance in place before the flight, then whether the insurance co. pays out or counter claims another insured party, would have no financial impact upon City either way. A player valued at £15 million by both City and Nantes would unlikely to have been uninsured for any point in time, wherever he was. He was either a Nantes player under their insurance, or a City player under theirs. Of course, this assumes we had insurance in effect from the time it's deemed he was our player.

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