UPDATED: David Henderson - Found guilty.

[nugent]

Interesting post from the Cardiff City Forum:

A while back I posted on this in relation to Vicarious Liability

https://www.cardiffcityforum.co.uk/v...p?f=2&t=206206

Firstly, and this is the main priority, let us not forget that someones life was lost and his Argeninian Family, His footballing family and friends all across the globe were effected by this tragedy.

Following a death, particularly one like this, finances do come into play, and this guilty plea (In my opinion) will have an effect on the ongoing battle over "who owes what".

There are two sets of proceedings in play:
1) Criminal Proceedings - Over Sala death
2) Civil Proceedings - Between Cardiff and Nantes FC

Section 11 of the Civil Evidence Act states that if a person is found guilty in criminal proceedings then they are considered negligent in Civil Proceedings


So, if in organising the flight, Henderson was acting as an agent for Nantes FC then Nantes FC are vicariously liable for his actions.

And if he is negligent that Nantes, being vicariously liable for his actions, then become liable for any monies lost as a result of that negligence.

Monies lost could include (but not limited to)
1) Money owed to Sala family - as a result of lost income during his career.
2) Money owed to CCFC - in respect to the transfer fee
3) Money owed to CCFC - as a result of Loss of Income as a result of being deprived of his services (this could be huge given we were relegated that season).

The way I see it is as follows:

Irrespective as to anything else we owe Nantes £15m there was intention to form a contract there

As a result of being vicariously liable for Hendersons actions Nantes deprived us of the benefit of that £15m investment and civil proceedings should see it being restored to us.

I believe CCFC should also now pursue Nantes FC for Loss of Income as a result of being deprived of his services. If a Court could be persuaded that we would have stayed up then we could be looking at 1,2 or even 3 years worth of Premier League Income.

Everything makes sense to me except for that last paragraph.
There's no court in the world would rule on us staying up or not had he played for us.
No way.

And I cant see any blame going past the aeroplane company and or the pilot.

Nantes is not culpable neither is cardiff city.

If I ordered you a taxi and you ended up in a crash, and it turns out the taxi driver has an expired licence and the car was faulty then its the company's fault. Simple as

[WJ99mobile]

Everything makes sense to me except for that last paragraph.
There's no court in the world would rule on us staying up or not had he played for us.
No way.

And I cant see any blame going past the aeroplane company and or the pilot.

Nantes is not culpable neither is cardiff city.

If I ordered you a taxi and you ended up in a crash, and it turns out the taxi driver has an expired licence and the car was faulty then its the company's fault. Simple as

Wishful thinking but it's never that simple

[nugent]

Wishful thinking but it's never that simple

It really is that simple.
You jump in a taxi, you don't ask to see the drivers licence do you?
You entrust the taxi company to provide you with a competent driver.

Henderson looks to be the owner of the plane and organised the flight.
He'll go down

[goats]

It really is that simple.
You jump in a taxi, you don't ask to see the drivers licence do you?
You entrust the taxi company to provide you with a competent driver.

Henderson looks to be the owner of the plane and organised the flight.
He'll go down

Who asked Henderson to sort the flight? Nantes? Or an agent?

[nugent]

Who asked Henderson to sort the flight? Nantes? Or an agent?

Why are people worrying about who sorted the flight.
Again, just like sorting a taxi for your mate , or a private mini bus, you'll expect the company to be legit , you don't ask to see anyone licence.

[Des Parrot]

Why are people worrying about who sorted the flight.
Again, just like sorting a taxi for your mate , or a private mini bus, you'll expect the company to be legit , you don't ask to see anyone licence.

Because it will influence the outcome of the dispute between City & Nantes. Who asked McKay, who was he working on behalf of? Remember City offered him a commercial flight which he or someone on his behalf declined. For the transfer fee I believe it’s the crux of the whole case.

[Lawnmower]

Because it will influence the outcome of the dispute between City & Nantes. Who asked McKay, who was he working on behalf of? Remember City offered him a commercial flight which he or someone on his behalf declined. For the transfer fee I believe it’s the crux of the whole case.

I think the key thing is, we know the McKay’s asked Henderson to organise the flight, but did they know he operated in such a dodgy way and also did they know he was using Ibbertson.

Then that link needs to be made between McKay and Nantes.

Long way to go yet, but 2 things stand out for me.

1. City were right to want to find out what happened before paying. They seem to be victims in this too

2. A poor lad has died here, due to someone taking insane chances for a quick buck. It’s horrendous. Not forgetting the pilot, although it’s looking like he was partly to blame himself.

[life on mars]

Because it will influence the outcome of the dispute between City & Nantes. Who asked McKay, who was he working on behalf of? Remember City offered him a commercial flight which he or someone on his behalf declined. For the transfer fee I believe it’s the crux of the whole case.

Absolutely , surely it comes down to duty of care of an employee , question is which employer , would insurance companies look at those due responsibilities , and who is liable for that responsibility and decision making that resulted in the awful incident ?

[lardy]

Why are people worrying about who sorted the flight.
Again, just like sorting a taxi for your mate , or a private mini bus, you'll expect the company to be legit , you don't ask to see anyone licence.

Everything is useful information. What if they were using them because they know they are cheap, and know WHY they are cheap. What if there are some other corners being cut.

People who deal with whoever sorted the flight in future have the right to know if they were completely in the dark about the illegality of the flight, or whether they knew and didn't care.

[Optimistic Nick]

It really is that simple.
You jump in a taxi, you don't ask to see the drivers licence do you?
You entrust the taxi company to provide you with a competent driver.

Henderson looks to be the owner of the plane and organised the flight.
He'll go down

This isn't a taxi tho. It's not that simple.