Tue Apr 26, 2022 7:53 am
Tue Apr 26, 2022 8:00 am
Tue Apr 26, 2022 8:03 am
Tue Apr 26, 2022 8:06 am
Tue Apr 26, 2022 8:07 am
piledriver64 wrote:Can we merge this topic with the other sticky on the same article ?
It's quite an interesting one from both points of view
Tue Apr 26, 2022 8:15 am
Tue Apr 26, 2022 8:16 am
Tue Apr 26, 2022 8:22 am
Forever Blue wrote:piledriver64 wrote:Can we merge this topic with the other sticky on the same article ?
It's quite an interesting one from both points of view
Where is the other topic on this article ?
Link?
Tue Apr 26, 2022 8:23 am
Igovernor wrote:Forever Blue wrote:piledriver64 wrote:Can we merge this topic with the other sticky on the same article ?
It's quite an interesting one from both points of view
Where is the other topic on this article ?
Link?
Annis I think he means the one i posted early this morning
viewtopic.php?f=2&t=227316
Tue Apr 26, 2022 8:28 am
Tue Apr 26, 2022 8:31 am
Ninian27 wrote:Here we go again, another court case. Cant our club just concentrate on running the club properly and do what really matters the team , the fans
Tue Apr 26, 2022 8:32 am
Tue Apr 26, 2022 9:12 am
Tue Apr 26, 2022 9:46 am
Tue Apr 26, 2022 9:53 am
Tue Apr 26, 2022 10:25 am
Tue Apr 26, 2022 10:28 am
stentona wrote:Let it go and focus on the state of the football at the club.
Tan is a freaking embarassment.
Tue Apr 26, 2022 10:33 am
Tue Apr 26, 2022 10:46 am
Sneggyblubird wrote:It's its amazing how we only hear from some posters when the chance of Tan-bashing arises.
Tue Apr 26, 2022 10:47 am
Tue Apr 26, 2022 10:53 am
Tue Apr 26, 2022 11:01 am
Tue Apr 26, 2022 11:06 am
Tue Apr 26, 2022 11:09 am
Tue Apr 26, 2022 11:12 am
pembroke allan wrote:A lot of bashing club before the facts are known again!! who do you believe reporter who posted it
or club statement? Embarrassing at times
Tue Apr 26, 2022 11:13 am
Tue Apr 26, 2022 11:13 am
Tue Apr 26, 2022 11:27 am
Paul Keevil wrote:This is something I have posted several times over the years. I have a legal background and it is a subject I have even discussed with Mehmet. Who knows I made have even given him the idea?
The way I see it and have always seen it, is this.
1) If we win the CAS case - We cannot sue Nantes because he was not our player.
2) If we lose the CAS case - It will be judged that he was our player and we can sue Nantes (See Below)
The rationale is as follows:
In the UK Civil Courts for a Claim in negligence to succeed it must be proved that:
(a) A defendant has a duty of care to the Claimant - (i.e. Nantes had a duty of care to CCFC)
(b) That the duty of care was breached - (i.e Nantes allowed an unauthorized pilot/agent to deliver CCFC assets to Wales)
(c) As a result of that breach financial loss occurred - (i.e loss of a player worth £15m & Loss of Revenue)
Also remember that the burden of proof in the Civil Courts is less than in the Criminal Courts
In the Criminal Courts the burden of proof is - "Beyond reasonable doubt"
In the Civil Courts the burden of proof is "On the balance of probabilities"
We all have (a) a duty of care to each other and Nantes certainly had a duty of care to CCFC.
So we need to prove (b) did Nantes allow an unauthorized pilot/agent to deliver one of CCFC assets to Wales?
Let me put a slightly different spin on this. Let us say CCFC purchased £1m worth of clothing items from Nantes and the Nantes management chose to use an agent W.McKay to organize a flight to send those goods to us - we would be able to claim compensation for those goods - Do you agree?
In the same way, subject to CAS, we have an asset (E.Sala) who was worth £15m. Nantes used an agent to send those goods to us and did so via an unlicenced route. W.McKay has already been found guilty and, in the legal system, if you are found guilty of a Criminal Act then you are automatically liable under Civil Proceedings.
So Nantes failed to deliver our assets and we are able to sue Nantes for £15m accordingly.
The question as to whether we can sue for Loss of Revenue is an interesting one.
Those who have been involved in Car Accidents or Taxi Claims will appreciate claims for Loss of Earnings. This is quite similar.
CCFC had purchased a striker who was presently leading the French goalscoring charts and therefore "on the balance of probabilities" I believe a Court would accept that he would have scored a reasonable number of goals to keep the club in the Premier League. Remember we only finished 2 points behind Brighton
Accordingly, the loss the club has sustained, since being relegated, could (in my opinion) be recoverable.
I do have a legal background but I would imagine that the club has discussed this point with some seriously high-standing Barristers - QCs probably - and if they believe that the club can prove this loss then they are right to go for it.
The best outcome for Nantes, in my opinion, is for the CAS to determine that the player was still owned by them. Ok they will not receive the £15m (which they have not received anyway to date) but they will not be liable to pay £80m
For CCFC I think the best outcome is for the CAS to say E.Sala was a CCFC player. We owe Nantes £15m and then we can recover that £15m (for failing to deliver the asset) and also get another £80m on top.
Tue Apr 26, 2022 11:28 am
piledriver64 wrote:So we're now even using completely made up stories to bash the current regime !!??
However, what does surprise me is that people are still questionning the merit of the club taking this to the highest level.
For years the same people have criticised Tan for wasting club money on transfers, wages, poor running, etc., yet when he takes stand against paying out money we may not be liable for that's wrong too.
Will these same posters also give the club a pat on the back if they are successful and don't have to pay the full £15m plus costs and add-ons ?
Most legal views would be that they have already demonstrated the need for this to be heard at the correct level (CAS) by the case not having been summarily dismissed earlier. There is clearly a point on liability that needs to be properly resolved. The club may win or it may lose but I'm astounded people just think it's OK to Nantes £15m+ without question !! They may think differently if it was their money !!
I still think we'll lose this one, at least partially, but it doesn't make it wrong to have disputed it. If we do win then that's a significant impact on our turnover next season.
Tue Apr 26, 2022 11:36 am
Forever Blue wrote:THE DAILY MAIL / THE SUN / MEDIA WALES
ALL PRINTED THIS STORY: