SALA COURT CASE: PREHEARING TODAY: LOSSES LOWERED BY A THIRD

No real update but there was a hearing in the commercial court today. The original €100m of losses has been revised down by a third, a data analytics firm has been engaged to prove we wouldn't have been relegated.

https://www.lequipe.fr/Football/Actuali ... al/1455884

In Sala case, Cardiff plays with 'virtual stats' in court

A hearing is scheduled for Thursday at the Nantes Commercial Court in the Sala case. Cardiff are concocting an analytical report related to their "loss of chance", after the player's accidental death.

Ten months after Cardiff City launched civil proceedings against FC Nantes in the sad Sala case, a new "pre-trial" hearing is scheduled for this Thursday (at 2 p.m.), before the Commercial Court of Nantes. The Welsh club has taken the matter to the commercial court for "loss of income" and "damages" suffered after the accidental disappearance (at the age of 28) of the Argentine striker, who was never able to play for the Bluebirds. After estimating the "damages suffered" at more than €100 million, Cardiff revised its claims downwards by around a third less than that amount.

Emiliano Sala died on 21 January 2019 in the crash of a private plane off the island of Guernsey. The player joined his new club two days after the €17 million transfer agreement between FCN and its British counterpart, who were playing in the Premier League at the time. And that's a key point in this case. Because at the end of this disastrous season, Cardiff were relegated to the Championship (where they still play, currently ranked 11th). The Welsh club has therefore put together a report, in the final stages, embellished with statistics and "expected goals" or "expected points", aimed at demonstrating that it could have remained in the Premier League for one more season without the premature loss of its Argentine "asset".

'Cardiff continues to unfairly target FC Nantes', according to the lawyers of the Nantes club

To this end, according to our information, the CCFC has enlisted the services of the British company Analytics FC, which specialises in "data science". On the French side, the Welsh club has also appointed a judicial and financial expert experienced in the high national courts, Maurice Nussenbaum. "We have extremely solid evidence to support our position, with reports from eminent professionals who quantify the 'loss of opportunity' suffered," explains Olivier Loizon, who is assisting Cardiff City in this civil case.

The Welsh club's other angle of attack concerns the responsibility of the sulphurous Scottish intermediary Willie McKay, the organizer of the fatal robbery in Sala. Previously contacted, the Nantes club's lawyers, Jérôme Marsaudon and Louis-Marie Absil, from the RMT law firm, believe that "Cardiff continues to unfairly attack the FCN and to uselessly mobilise the French justice system after having lost before FIFA and the Court of Arbitration for Sport".

This is just the beginning and uncooperative FC Nantes are crying 'foul play'

It's interesting to read Cardiff City FC (nee Vincent Tan) have adjusted their 'claim' by c.£30m...

I am sure they will have done this 'acting on advice' but wonder if (at least part of) it is down tbe the recent insurance settlement...?

Interesting times ahead but I'll be glad when the whole sorry saga is over...!

And me Sven. Just want it ended if just for the Sala family. What a sad episode it has been.

This is just the beginning and uncooperative FC Nantes are crying 'foul play'

It's interesting to read Cardiff City FC (nee Vincent Tan) have adjusted their 'claim' by c.£30m...

I am sure they will have done this 'acting on advice' but wonder if (at least part of) it is down tbe the recent insurance settlement...?

Interesting times ahead but I'll be glad when the whole sorry saga is over...!

It could be something as simple as had we stayed up, and received £100m, then arguably we would have lost 30% of that in tax - so our actual loss was more likely to be £70m

This is just the beginning and uncooperative FC Nantes are crying 'foul play'

It's interesting to read Cardiff City FC (nee Vincent Tan) have adjusted their 'claim' by c.£30m...

I am sure they will have done this 'acting on advice' but wonder if (at least part of) it is down tbe the recent insurance settlement...?

Interesting times ahead but I'll be glad when the whole sorry saga is over...!

It could be something as simple as had we stayed up, and received £100m, then arguably we would have lost 30% of that in tax - so our actual loss was more likely to be £70m

A point well made, Paul...

This is just the beginning and uncooperative FC Nantes are crying 'foul play'

It's interesting to read Cardiff City FC (nee Vincent Tan) have adjusted their 'claim' by c.£30m...

I am sure they will have done this 'acting on advice' but wonder if (at least part of) it is down tbe the recent insurance settlement...?

Interesting times ahead but I'll be glad when the whole sorry saga is over...!

It could be something as simple as had we stayed up, and received £100m, then arguably we would have lost 30% of that in tax - so our actual loss was more likely to be £70m

Do you think it could also be linked to winning costs if the court finds in their favour but at a lower figure than the £100m?

I see FC Nantes and by extension the French press, are still going with Cardiff losing the case in the eyes of FIFA and CAS.

Surely it's about the possible fraudulent process of the transfer now and NOT about ownership of Sala?

The reports mention that the court said that there were further documentation that needed to be presented so adjourned. Do we know if this is on Cardiff's or Nantes side?

This is just the beginning and uncooperative FC Nantes are crying 'foul play'

It's interesting to read Cardiff City FC (nee Vincent Tan) have adjusted their 'claim' by c.£30m...

I am sure they will have done this 'acting on advice' but wonder if (at least part of) it is down tbe the recent insurance settlement...?

Interesting times ahead but I'll be glad when the whole sorry saga is over...!

It could be something as simple as had we stayed up, and received £100m, then arguably we would have lost 30% of that in tax - so our actual loss was more likely to be £70m

Do you think it could also be linked to winning costs if the court finds in their favour but at a lower figure than the £100m?

Costs and consequences are always a part of it.

The way I see this panning out is as follows.

Ownership Of Sala
This clearly cannot be an issue anymore. Sala has been determined to be our player

What if we didn't own Sala
If we didn't own Sala then we could not argue that we potentially lost Premier League Revenue due to someone else's negligence.
The fact that we can pursue this is only because it has been established that we did own him.

How can Nantes be liable & What is Vicarious Liability
The issue of Vicarious Liability is complex, in law, but to explain it in simple terms if a person (WM) is acting on behalf of another, in the capacity of Employee, Servant of Agent of say company (N), then Company "N" is vicariously liable for the actions of that person ("WM") should anything go wrong

Does there have to be some sort of previous history as an agent
Yes, and a good example of this was the Bob Higgins Football Academy (Football Abuse) case that I was involved in some years back. Bob Higgins ran both the Southampton Youth team (Under 13-16) and also ran his football academy. Many of the kids that played in his academy went on to play for either Southampton Youth Academy or in some instances their Premier League side. I can't name names, for obvious reasons, but if you look at a Southampton Youth team circa 1985 you will see the sort of names I am talking about. Not everyone was abused but several in that photo were.

Southampton argued that they were not being abused whilst he was working for them but it was decided that because of the strong connection between BH and Southampton, and the extra element of coaching, they should be one of the Defendants.

So how does this apply to Cardiff, WM and Nantes
Well, history shows us that WM and Nantes had a reasonably strong working relationship. I have heard someone else suggest "that they were both as bent as each other" but for legal reasons, I do not comment on that. Anyway, part of the work that WM did for Nantes was to organise travel. Now it doesn't matter whether that was by car, train or aeroplane - the fact is that he organised travel - in addition to the commission work he did for representing players.

In our situation, he was involved in the transfer and he was also involved in the organisation of travel (to some extent) but was involved nonetheless.

Accordingly, I do not doubt that Nantes will be proven to be vicariously liable for his actions. No doubt whatsoever.

How does the criminal case apply
This is good for us. If a person is found guilty in criminal proceedings (Burden="Beyond reasonable doubt") then they are almost certain to be found negligent in civil proceedings (Burden="Balance of Probabilities).

Liability, Negligence & Damages
So as WM was proven to be guilty in criminal proceedings he will almost certainly be found negligent (Same as guilty) in civil proceedings. If he is negligent then Nantes will also be negligent as they will be vicariously liable for his actions.

If Liability is established what then
Once the issue of liability is decided then all that remains is "How much will we get" - This is called Damages or Quantum

What will we get
I suspect that this is why the club are employing the services of a forensic statistician. He will provide a report to the Court and give his professional opinion as to within what range of games would Sala have played, scored and contributed to the end of the season's position. These reports are often very influential.

What will the forensic statistician look at
They will have their databases and research but I suspect he will look at:
a) How many strikers have been signed by Premier League Clubs from abroad
b) How often did they play in their first 6 months
c) How often did they score in their first 6 months
d) What were the differences in points before his arrival and after his arrival?

He will also look at Brighton being only two points above us.

So if he establishes that, as a result of Sala joining us, we would "on the balance of probabilities" have accrued an extra 3 points in the 2018/2019 season then it also follows that we will be successful on the loss of revenue side.

How much will that loss of revenue be
This will be for a forensic accountant and the court to decide with the assistance of the forensic statistician

But it will be a lot. Cardiff have recently restricted their claim to £ 70 million but even if the court decides that its only half of that then they will be fully vindicated in pursuing this claim.

Can they lose
It is possible but I do not think it is likely at this stage.

Legal cases are decided on Liability Negligence and Damages. I think Nantes already accept that they are "on the can" for this one and that they are vicariously liable for WM actions. (Their insurers will probably pay out not Nantes themselves).

Personally, I think it is just a case now of "How Much".


These are just my personal views, and I could be wrong, but this is my assessment. I think we will be awarded somewhere between £30-50m. That's my best guess.

So the bottom line is "Issue of Liability"?

Yes and then how much CCFC get.

My view:

Liability: I think we will succeed here because we can prove a connection between WM, the work he did, and Nantes

Quantum: Or damages - I wouldn't be surprised if we were awarded somewhere between £30m to £50m.

Yes and then how much CCFC get.

My view:

Liability: I think we will succeed here because we can prove a connection between WM, the work he did, and Nantes

Quantum: Or damages - I wouldn't be surprised if we were awarded somewhere between £30m to £50m.

Thanks for your informative and enlightening posts on this topic, Paul...

Fingers crossed you are correct and we can finally put all this to bed and move on...

This connection feels the weakest link to me.

Can the Southampton case be considered in this jurisdiction? If yes then it will strength our case.

This connection feels the weakest link to me.

Can the Southampton case be considered in this jurisdiction? If yes then it will strengthen our case.

I think you are right. I also think this connection is the weakest link - and, if that is the weakest link, then that is why I am feeling very upbeat about the success of this. I do not think proving vicarious liability in this will be too difficult at all.

The civil laws in the UK and France do have their differences but the principles are often the same.

The Southampton case that I was involved in used Vicarious Liability Case Law going back over the past 50 years. I dare say that CCFC solicitors are aware of the relevant cases.

This is just the beginning and uncooperative FC Nantes are crying 'foul play'

It's interesting to read Cardiff City FC (nee Vincent Tan) have adjusted their 'claim' by c.£30m...

I am sure they will have done this 'acting on advice' but wonder if (at least part of) it is down tbe the recent insurance settlement...?

Interesting times ahead but I'll be glad when the whole sorry saga is over...!

It could be something as simple as had we stayed up, and received £100m, then arguably we would have lost 30% of that in tax - so our actual loss was more likely to be £70m

If we had received £100m, it’s revenue not profit and so we’d never pay anywhere near that much tax, in fact we’d have probably made a loss as most new PL sides seem to do in the early years.

This is just the beginning and uncooperative FC Nantes are crying 'foul play'

It's interesting to read Cardiff City FC (nee Vincent Tan) have adjusted their 'claim' by c.£30m...

I am sure they will have done this 'acting on advice' but wonder if (at least part of) it is down tbe the recent insurance settlement...?

Interesting times ahead but I'll be glad when the whole sorry saga is over...!

It could be something as simple as had we stayed up, and received £100m, then arguably we would have lost 30% of that in tax - so our actual loss was more likely to be £70m

Do you think it could also be linked to winning costs if the court finds in their favour but at a lower figure than the £100m?

Costs and consequences are always a part of it.

The way I see this panning out is as follows.

Ownership Of Sala
This clearly cannot be an issue anymore. Sala has been determined to be our player

What if we didn't own Sala
If we didn't own Sala then we could not argue that we potentially lost Premier League Revenue due to someone else's negligence.
The fact that we can pursue this is only because it has been established that we did own him.

How can Nantes be liable & What is Vicarious Liability
The issue of Vicarious Liability is complex, in law, but to explain it in simple terms if a person (WM) is acting on behalf of another, in the capacity of Employee, Servant of Agent of say company (N), then Company "N" is vicariously liable for the actions of that person ("WM") should anything go wrong

Does there have to be some sort of previous history as an agent
Yes, and a good example of this was the Bob Higgins Football Academy (Football Abuse) case that I was involved in some years back. Bob Higgins ran both the Southampton Youth team (Under 13-16) and also ran his football academy. Many of the kids that played in his academy went on to play for either Southampton Youth Academy or in some instances their Premier League side. I can't name names, for obvious reasons, but if you look at a Southampton Youth team circa 1985 you will see the sort of names I am talking about. Not everyone was abused but several in that photo were.

Southampton argued that they were not being abused whilst he was working for them but it was decided that because of the strong connection between BH and Southampton, and the extra element of coaching, they should be one of the Defendants.

So how does this apply to Cardiff, WM and Nantes
Well, history shows us that WM and Nantes had a reasonably strong working relationship. I have heard someone else suggest "that they were both as bent as each other" but for legal reasons, I do not comment on that. Anyway, part of the work that WM did for Nantes was to organise travel. Now it doesn't matter whether that was by car, train or aeroplane - the fact is that he organised travel - in addition to the commission work he did for representing players.

In our situation, he was involved in the transfer and he was also involved in the organisation of travel (to some extent) but was involved nonetheless.

Accordingly, I do not doubt that Nantes will be proven to be vicariously liable for his actions. No doubt whatsoever.

How does the criminal case apply
This is good for us. If a person is found guilty in criminal proceedings (Burden="Beyond reasonable doubt") then they are almost certain to be found negligent in civil proceedings (Burden="Balance of Probabilities).

Liability, Negligence & Damages
So as WM was proven to be guilty in criminal proceedings he will almost certainly be found negligent (Same as guilty) in civil proceedings. If he is negligent then Nantes will also be negligent as they will be vicariously liable for his actions.

If Liability is established what then
Once the issue of liability is decided then all that remains is "How much will we get" - This is called Damages or Quantum

What will we get
I suspect that this is why the club are employing the services of a forensic statistician. He will provide a report to the Court and give his professional opinion as to within what range of games would Sala have played, scored and contributed to the end of the season's position. These reports are often very influential.

What will the forensic statistician look at
They will have their databases and research but I suspect he will look at:
a) How many strikers have been signed by Premier League Clubs from abroad
b) How often did they play in their first 6 months
c) How often did they score in their first 6 months
d) What were the differences in points before his arrival and after his arrival?

He will also look at Brighton being only two points above us.

So if he establishes that, as a result of Sala joining us, we would "on the balance of probabilities" have accrued an extra 3 points in the 2018/2019 season then it also follows that we will be successful on the loss of revenue side.

How much will that loss of revenue be
This will be for a forensic accountant and the court to decide with the assistance of the forensic statistician

But it will be a lot. Cardiff have recently restricted their claim to £ 70 million but even if the court decides that its only half of that then they will be fully vindicated in pursuing this claim.

Can they lose
It is possible but I do not think it is likely at this stage.

Legal cases are decided on Liability Negligence and Damages. I think Nantes already accept that they are "on the can" for this one and that they are vicariously liable for WM actions. (Their insurers will probably pay out not Nantes themselves).

Personally, I think it is just a case now of "How Much".


These are just my personal views, and I could be wrong, but this is my assessment. I think we will be awarded somewhere between £30-50m. That's my best guess.

Thanks Paul. I’ve been saying for a long time that my gut says between 40-60m including the transfer fee. I certainly don’t have your experience and your comments are good to see. I’ve always felt Agency would be their Achilles heel once confirmed ES was legally our player. I would have thought if Nantes were confident they would have asked for the case to be struck out and would have had to justify with their thinking. They haven’t and I think that points to an expected negotiated settlement by them.
The insurance brokers we sued are a tad bigger than Nantes and they caved. Fingers crossed we’ll get a settlement. And a decent one at that.

Yes part of me suspects a negotiated settlement. But, because of the amount, I am in two minds as to whether Nantes would prefer a court decision.

Yes part of me suspects a negotiated settlement. But, because of the amount, I am in two minds as to whether Nantes would prefer a court decision.

I would have thought their insurers may want that court decision even more than Nantes but, again, if they see this as a case that will fail in any event then they may be just willing to pay out in the negotiated settlement.

Yes part of me suspects a negotiated settlement. But, because of the amount, I am in two minds as to whether Nantes would prefer a court decision.

I would have thought their insurers may want that court decision even more than Nantes but, again, if they see this as a case that will fail in any event then they may be just willing to pay out in the negotiated settlement.

Yes, when I said Nantes would prefer a court decision, what I meant was Nantes Insurers.

Excellent input Paul thank you.

Would you to expect this to be one of those " undisclosed sums with no admission of guilt?"