Tue May 09, 2023 2:10 pm
M4 Exile wrote:Wayne S wrote:Logie wrote:We should pay our bill then go to court, 100% Cardiff shoulder go after who ever arranged and who is connected to the agent
Absolutely this.
The more I think about it, the more I believe that paying the transfer fee has NO bearing on the club accepting responsibility for their financial loss.
But depends if the French Court thinks the same.
Only problem is that it’s a huge risk. Can’t just magically take back the payment if the courts then deem that paying it is taking financial responsibility for the loss.
Don’t really think it’s fair for the club’s name to be dragged through the mud as it has been despite the action we’ve taken, as I’m pretty sure pretty much every football club in the world would be taking our approach if they ended up in this terrible and unique situation.
I also wish l people would stop using it to further their agendas against Tan for the reasons I give above. Criticise him for lack of investment, lack of communication, shambolic managerial appointments, a shambolic leadership team etc, but this is separate from that as like I said it’s the approach I’m fairly certain every single club worldwide would take, and it’s unfortunate that it’s had to be taken by Cardiff City.
It’s disheartening to see fans of other clubs going around further spreading misinformation that this is somehow city’s fault because “even Cardiff fans are disgusted by their club” etc.
Most people I’ve spoken to who aren’t attached to the online discourse want the club to pursue losses, well back to my first point there’s a big risk that paying up “early” destroys any chance of that happening.
Tue May 09, 2023 2:15 pm
Tue May 09, 2023 2:16 pm
Tue May 09, 2023 2:18 pm
Tue May 09, 2023 3:27 pm
Tue May 09, 2023 3:29 pm
Tue May 09, 2023 3:33 pm
Igovernor wrote:Only one thing I have to say, is that the Federal courts have said that the CAS has no authority over cardiff city regarding telling us to pay the Sala fee !!!
Tue May 09, 2023 3:34 pm
Tue May 09, 2023 3:45 pm
mudwimp wrote:If I bought a second hand car for £1,500 I know that I legally need some kind of insurance before I can even drive it home, yet people running the club didn't think that they should - just maybe - insure an asset they had just agreed to pay £15M for? Amateurs. Absolute amateurs.
Tue May 09, 2023 3:58 pm
Tue May 09, 2023 4:23 pm
carlton58 wrote:If tan put as much effort into the proper running of cardiff city as he does his court cases we would be up there with man city and real madrid
Tue May 09, 2023 4:24 pm
Tue May 09, 2023 4:25 pm
Tue May 09, 2023 4:25 pm
Tue May 09, 2023 4:27 pm
Tue May 09, 2023 4:55 pm
Logie wrote:We should pay our bill then go to court, 100% Cardiff shoulder go after who ever arranged and who is connected to the agent
Tue May 09, 2023 4:57 pm
Tue May 09, 2023 4:59 pm
Wayne S wrote:Let's say, and most can be in agreement here, Sala was our player.
Then the club are now looking to see who was responsible for this situation and possibly liable for the clubs loses.
I cannot see why anyone would disagree with this unless they agree with point 1 below.
Those responsible could be;
1. Cardiff may be liable for not controlling how their player returned to France.
2. The agent could be liable for disregarding the clubs wishes and arranging the players private return to France.
3. Henderson and Ibbotson could be responsible for arranging such a poorly maintained Plane.
4. Nantes could be responsible for their involvement in points 2 and 3.
It is highly unlikely it is points 1 and 4 so the club have to decide if they pursue a case that will not see any monetary return as those individuals will not have the funds to pay.
Tue May 09, 2023 5:24 pm
Tue May 09, 2023 5:28 pm
JulesK wrote:Do you mean McKays as agents acting for Nantes not Henderson?
Tue May 09, 2023 5:38 pm
Tue May 09, 2023 5:38 pm
Simplesimon wrote:Wayne S wrote:Let's say, and most can be in agreement here, Sala was our player.
Then the club are now looking to see who was responsible for this situation and possibly liable for the clubs loses.
I cannot see why anyone would disagree with this unless they agree with point 1 below.
Those responsible could be;
1. Cardiff may be liable for not controlling how their player returned to France.
2. The agent could be liable for disregarding the clubs wishes and arranging the players private return to France.
3. Henderson and Ibbotson could be responsible for arranging such a poorly maintained Plane.
4. Nantes could be responsible for their involvement in points 2 and 3.
It is highly unlikely it is points 1 and 4 so the club have to decide if they pursue a case that will not see any monetary return as those individuals will not have the funds to pay.
Paul Keevil covered this quite well in a post some time back and from memory this is playing out how he said it may well do. I believe Paul used to be involved in compensation litigation. Point 4 in reality, is the strongest route Cardiff can look at. As the law of agency is quite strict. The Henderson’s publicly held themselves out as exclusive agents of Nantes for the sale of Sala to a UK club and it’s been proved in a criminal court that Henderson arranged the flight. The criminal court is superior to the civil court, which means no further proof of responsibility of arranging the flights would be necessary. A Principal (Nantes) is responsible for their agent’s negligent actions linked to a transaction, Even post completion of transaction unless they have specifically given them written instructions not to do x y or z. . If Nantes don’t have specific proof of instructing the Henderson’s not to arrange flights and that. the door is open for Nantes to be sued. If that’s the case, CCFC will be looking for compo for losses linked to being relegated from the Prem, plus further potential losses for not being able to compete with championship teams because we couldn’t be buying players to get us back up there, due to the financial constraints and embargo.
CCFC have exhausted every Avenue to legally establish ES was our player. Then. As he was our player but killed through negligence it allows those responsible for the negligence to be pursued. We couldn’t pursue for losses if it wasn’t proved he was our player.
I think this really is the real all or nothing time now. Or as it’s known to most of us, shit or bust.
Tue May 09, 2023 5:40 pm
Tue May 09, 2023 5:41 pm
Simplesimon wrote:JulesK wrote:Do you mean McKays as agents acting for Nantes not Henderson?
Sorry. Yes the McKays. Got a bit excited thinking we may end up with a pot to piss in after all
Tue May 09, 2023 5:45 pm
Wayne S wrote:Igovernor wrote:Only one thing I have to say, is that the Federal courts have said that the CAS has no authority over cardiff city regarding telling us to pay the Sala fee !!!
Surely the statements suggests the opposite?
The Swiss Federal Court have no authority over the CAS decision?
Tue May 09, 2023 5:45 pm
Forever Blue wrote:Suing FC Nantes will get us know where once again, just costly and more embarrassment.
When Emiliano came back to Nantes he came back as a Cardiff City player of his own free will to visit friends abd sirt his dogs transport out.
Originally we were embarrassing saying Emiliano was not even our player, shocking.
Tue May 09, 2023 5:50 pm
Tue May 09, 2023 6:28 pm
Tue May 09, 2023 6:28 pm
wez1927 wrote:Forever Blue wrote:Suing FC Nantes will get us know where once again, just costly and more embarrassment.
When Emiliano came back to Nantes he came back as a Cardiff City player of his own free will to visit friends abd sirt his dogs transport out.
Originally we were embarrassing saying Emiliano was not even our player, shocking.
On a flight arranged not by Cardiff but by nantes selling agent , an illegal flight ,
Tue May 09, 2023 6:32 pm
Logie wrote:We should pay our bill then go to court, 100% Cardiff shoulder go after who ever arranged and who is connected to the agent