Sun Jul 02, 2023 6:03 am
Sun Jul 02, 2023 6:25 am
Sun Jul 02, 2023 6:46 am
Paul Keevil wrote:In UK law there is a saying that a party cannot benefit out of an illegal base cause.
But, whilst there may have been illegalities in the transfer itself, what the civil case refers to is something specific that being the flight that killed sala and the loss of revenue and asset to CCFC.
If there was dodgyness on the French part it is not going to help them.
viewtopic.php?f=2&t=204226
Sun Jul 02, 2023 7:02 am
Forever Blue wrote:Paul Keevil wrote:In UK law there is a saying that a party cannot benefit out of an illegal base cause.
But, whilst there may have been illegalities in the transfer itself, what the civil case refers to is something specific that being the flight that killed sala and the loss of revenue and asset to CCFC.
If there was dodgyness on the French part it is not going to help them.
viewtopic.php?f=2&t=204226
So Paul,
As you know Tan has lost every case and sued for daft horrible things like making out Sala was not ours.
Cost City £millions.
Dragged our clubs name though the mud.
Transfer Embargo.
Paul,
So do you think Tan can win the Civil Case?
Sun Jul 02, 2023 7:05 am
Igovernor wrote:Forever Blue wrote:Paul Keevil wrote:In UK law there is a saying that a party cannot benefit out of an illegal base cause.
But, whilst there may have been illegalities in the transfer itself, what the civil case refers to is something specific that being the flight that killed sala and the loss of revenue and asset to CCFC.
If there was dodgyness on the French part it is not going to help them.
viewtopic.php?f=2&t=204226
So Paul,
As you know Tan has lost every case and sued for daft horrible things like making out Sala was not ours.
Cost City £millions.
Dragged our clubs name though the mud.
Transfer Embargo.
Paul,
So do you think Tan can win the Civil Case?
Annis I thought that it cost Vincent Tan millions not city?
Sun Jul 02, 2023 7:36 am
Sun Jul 02, 2023 7:39 am
Igovernor wrote:Annis if they dont have to individualise it, do they still have to prove it, as someone could take out £1m, and buy a new car for thmselves?
Sun Jul 02, 2023 7:47 am
Igovernor wrote:Annis if they dont have to individualise it, do they still have to prove it, as someone could take out £1m, and buy a new car for thmselves?
Sun Jul 02, 2023 8:00 am
Sun Jul 02, 2023 8:08 am
Paul Keevil wrote:Hi Annis. I genuinely think that Sala was always our player and that Tan was stupid to pursue those court actions and to avoid paying Nantes what we legally owed. All I can think of is that there may have been some insurance related reason that ccfc wanted a decision from the highest court to say sala was ours.
But as for the civil case I do think he has a case. If an asset of CCFC was killed as the result of negligence (of someone else) then the club has a claim against someone else.
Perhaps I can put it another way. In 1980 my dad was killed in a car accident. A catseye was flicked out of the ground, between Bassaleg and Cardiff, and killed him instantly. It wad someone elses fault and my mum sued that party for his death and lost income and was successful
I am sure others on here have similar stories. It's life. Shit happens.
We owned Sala. He was taken away from us and the goals he would (on the balance of probabilities) have scored would have kept our Premier league status.
We are right to sue SOMEONE because someone is responsible. Only time will tell whether Nantes are the right party (part of me is no longer convinced)
Sun Jul 02, 2023 9:19 am
Sun Jul 02, 2023 1:08 pm
Forever Blue wrote:Igovernor wrote:Annis if they dont have to individualise it, do they still have to prove it, as someone could take out £1m, and buy a new car for thmselves?
Jules,
Yes their receipts / expenses will have to go in and all put together and over all it will say business expenses or legal fees etc.
If City like say Nantes got a visit by say HMRC then they would be able to see the individual receipts etc
Sun Jul 02, 2023 4:23 pm
Forever Blue wrote:Paul Keevil wrote:Hi Annis. I genuinely think that Sala was always our player and that Tan was stupid to pursue those court actions and to avoid paying Nantes what we legally owed. All I can think of is that there may have been some insurance related reason that ccfc wanted a decision from the highest court to say sala was ours.
But as for the civil case I do think he has a case. If an asset of CCFC was killed as the result of negligence (of someone else) then the club has a claim against someone else.
Perhaps I can put it another way. In 1980 my dad was killed in a car accident. A catseye was flicked out of the ground, between Bassaleg and Cardiff, and killed him instantly. It wad someone elses fault and my mum sued that party for his death and lost income and was successful
I am sure others on here have similar stories. It's life. Shit happens.
We owned Sala. He was taken away from us and the goals he would (on the balance of probabilities) have scored would have kept our Premier league status.
We are right to sue SOMEONE because someone is responsible. Only time will tell whether Nantes are the right party (part of me is no longer convinced)
Hi Paul,
Thank you for your clear explanation and So Sad to hear how your Father died.
The problem I have is that it was the agents and pilot that were responsible for Sala and that Nantes were NO longer involved in Sala after Sala became our player.
The agents were not acting on behalf of Nantes anymore.
Plus I believe the Managers, agents etc were shall we say closer in this than we are all led to believe.
What is also beyond is we never had proper insurance.
Tan is suppose to be suing them as well, but that’s suddenly gone totally quite as I think he will find it might be an employee of ours who messed up.
Sun Jul 02, 2023 4:27 pm
JulesK wrote:Forever Blue wrote:Igovernor wrote:Annis if they dont have to individualise it, do they still have to prove it, as someone could take out £1m, and buy a new car for thmselves?
Jules,
Yes their receipts / expenses will have to go in and all put together and over all it will say business expenses or legal fees etc.
If City like say Nantes got a visit by say HMRC then they would be able to see the individual receipts etc
Jokingly meant a car Annis.
Sun Jul 02, 2023 4:29 pm
Paul Keevil wrote:Forever Blue wrote:Paul Keevil wrote:Hi Annis. I genuinely think that Sala was always our player and that Tan was stupid to pursue those court actions and to avoid paying Nantes what we legally owed. All I can think of is that there may have been some insurance related reason that ccfc wanted a decision from the highest court to say sala was ours.
But as for the civil case I do think he has a case. If an asset of CCFC was killed as the result of negligence (of someone else) then the club has a claim against someone else.
Perhaps I can put it another way. In 1980 my dad was killed in a car accident. A catseye was flicked out of the ground, between Bassaleg and Cardiff, and killed him instantly. It wad someone elses fault and my mum sued that party for his death and lost income and was successful
I am sure others on here have similar stories. It's life. Shit happens.
We owned Sala. He was taken away from us and the goals he would (on the balance of probabilities) have scored would have kept our Premier league status.
We are right to sue SOMEONE because someone is responsible. Only time will tell whether Nantes are the right party (part of me is no longer convinced)
Hi Paul,
Thank you for your clear explanation and So Sad to hear how your Father died.
The problem I have is that it was the agents and pilot that were responsible for Sala and that Nantes were NO longer involved in Sala after Sala became our player.
The agents were not acting on behalf of Nantes anymore.
Plus I believe the Managers, agents etc were shall we say closer in this than we are all led to believe.
What is also beyond is we never had proper insurance.
Tan is suppose to be suing them as well, but that’s suddenly gone totally quite as I think he will find it might be an employee of ours who messed up.
Hi Annis
In UK Law (Im not sure on French Law) it doesn't matter whether the sale had concluded or not.
The law of Vicarious Liability is a very technical area. A person/company does not specifically have to do something directly on behalf of another. They only have to do something which is "linked" to what they normally do.
Let me use Bob Higgins and Southampton as an example as I was involved in the case. Bob Higgins was the Southampton Under 13-16 coach. He also ran the Bob Higgins Academy and (around 1985) had several well known youngsters playing for him (I am not allowed to name them but I cant stop you doing an internet search). Anyway he abused a lot of the boys and is in prison having been convicted of 49 offences. In civil cases Southampton argued that it was nothing to do with them but, because there was a link (he trained boys at Southampton and his own Academy) Southampton found themselves defending Vicarious Liability allegations.
In our case I understand that (prior to Sala) Willie McKay arranged transport of players for Nantes. He was involved in the Sala flight and, it may be the case that he wasn't acting directly for Nantes. But there is a tenuous link which (if this was being heard in the UK) could have found Nantes liable for any losses CCFC sustained.
This is French law and I am no expert on that
Hope this partially explains.
Sun Jul 02, 2023 5:12 pm
Paul Keevil wrote:Forever Blue wrote:Paul Keevil wrote:Hi Annis. I genuinely think that Sala was always our player and that Tan was stupid to pursue those court actions and to avoid paying Nantes what we legally owed. All I can think of is that there may have been some insurance related reason that ccfc wanted a decision from the highest court to say sala was ours.
But as for the civil case I do think he has a case. If an asset of CCFC was killed as the result of negligence (of someone else) then the club has a claim against someone else.
Perhaps I can put it another way. In 1980 my dad was killed in a car accident. A catseye was flicked out of the ground, between Bassaleg and Cardiff, and killed him instantly. It wad someone elses fault and my mum sued that party for his death and lost income and was successful
I am sure others on here have similar stories. It's life. Shit happens.
We owned Sala. He was taken away from us and the goals he would (on the balance of probabilities) have scored would have kept our Premier league status.
We are right to sue SOMEONE because someone is responsible. Only time will tell whether Nantes are the right party (part of me is no longer convinced)
Hi Paul,
Thank you for your clear explanation and So Sad to hear how your Father died.
The problem I have is that it was the agents and pilot that were responsible for Sala and that Nantes were NO longer involved in Sala after Sala became our player.
The agents were not acting on behalf of Nantes anymore.
Plus I believe the Managers, agents etc were shall we say closer in this than we are all led to believe.
What is also beyond is we never had proper insurance.
Tan is suppose to be suing them as well, but that’s suddenly gone totally quite as I think he will find it might be an employee of ours who messed up.
Hi Annis
In UK Law (Im not sure on French Law) it doesn't matter whether the sale had concluded or not.
The law of Vicarious Liability is a very technical area. A person/company does not specifically have to do something directly on behalf of another. They only have to do something which is "linked" to what they normally do.
Let me use Bob Higgins and Southampton as an example as I was involved in the case. Bob Higgins was the Southampton Under 13-16 coach. He also ran the Bob Higgins Academy and (around 1985) had several well known youngsters playing for him (I am not allowed to name them but I cant stop you doing an internet search). Anyway he abused a lot of the boys and is in prison having been convicted of 49 offences. In civil cases Southampton argued that it was nothing to do with them but, because there was a link (he trained boys at Southampton and his own Academy) Southampton found themselves defending Vicarious Liability allegations.
In our case I understand that (prior to Sala) Willie McKay arranged transport of players for Nantes. He was involved in the Sala flight and, it may be the case that he wasn't acting directly for Nantes. But there is a tenuous link which (if this was being heard in the UK) could have found Nantes liable for any losses CCFC sustained.
This is French law and I am no expert on that
Hope this partially explains.
Sun Jul 02, 2023 5:15 pm
Sun Jul 02, 2023 5:21 pm
Bakedalasker wrote:Paul Keevil wrote:Forever Blue wrote:Paul Keevil wrote:Hi Annis. I genuinely think that Sala was always our player and that Tan was stupid to pursue those court actions and to avoid paying Nantes what we legally owed. All I can think of is that there may have been some insurance related reason that ccfc wanted a decision from the highest court to say sala was ours.
But as for the civil case I do think he has a case. If an asset of CCFC was killed as the result of negligence (of someone else) then the club has a claim against someone else.
Perhaps I can put it another way. In 1980 my dad was killed in a car accident. A catseye was flicked out of the ground, between Bassaleg and Cardiff, and killed him instantly. It wad someone elses fault and my mum sued that party for his death and lost income and was successful
I am sure others on here have similar stories. It's life. Shit happens.
We owned Sala. He was taken away from us and the goals he would (on the balance of probabilities) have scored would have kept our Premier league status.
We are right to sue SOMEONE because someone is responsible. Only time will tell whether Nantes are the right party (part of me is no longer convinced)
Hi Paul,
Thank you for your clear explanation and So Sad to hear how your Father died.
The problem I have is that it was the agents and pilot that were responsible for Sala and that Nantes were NO longer involved in Sala after Sala became our player.
The agents were not acting on behalf of Nantes anymore.
Plus I believe the Managers, agents etc were shall we say closer in this than we are all led to believe.
What is also beyond is we never had proper insurance.
Tan is suppose to be suing them as well, but that’s suddenly gone totally quite as I think he will find it might be an employee of ours who messed up.
Hi Annis
In UK Law (Im not sure on French Law) it doesn't matter whether the sale had concluded or not.
The law of Vicarious Liability is a very technical area. A person/company does not specifically have to do something directly on behalf of another. They only have to do something which is "linked" to what they normally do.
Let me use Bob Higgins and Southampton as an example as I was involved in the case. Bob Higgins was the Southampton Under 13-16 coach. He also ran the Bob Higgins Academy and (around 1985) had several well known youngsters playing for him (I am not allowed to name them but I cant stop you doing an internet search). Anyway he abused a lot of the boys and is in prison having been convicted of 49 offences. In civil cases Southampton argued that it was nothing to do with them but, because there was a link (he trained boys at Southampton and his own Academy) Southampton found themselves defending Vicarious Liability allegations.
In our case I understand that (prior to Sala) Willie McKay arranged transport of players for Nantes. He was involved in the Sala flight and, it may be the case that he wasn't acting directly for Nantes. But there is a tenuous link which (if this was being heard in the UK) could have found Nantes liable for any losses CCFC sustained.
This is French law and I am no expert on that
Hope this partially explains.
Paul,
This is what I was told in the beginning. At the time it felt like we were clutching at straws. As we have used the argument that Sala was not our player it felt even more so this argument/link was a long straw. Someone has been clever here by using case law to argue our case of a link but for me it still feel a very long straw. Time will tell.
Mon Jul 03, 2023 6:32 am
Mon Jul 03, 2023 12:49 pm
Mon Jul 03, 2023 1:02 pm
SB 1927 wrote:What does this all mean in layman's terms, please?
Mon Jul 03, 2023 5:24 pm
Wayne S wrote:SB 1927 wrote:What does this all mean in layman's terms, please?
Sala was our player and we owe Nantes 15 million.
As he was our player we have a case against those involved in the
fatal transport of OUR asset.
As an aside the Nantes owners are being prosecuted for fraud and corruption in the use of dodgy football agents.
There may be a case that the dodgy agents that Nantes used, had an involvement in the Sala deal.
Our case against Nantes may have been strengthened by the fact that they are being prosecuted.
Mon Jul 03, 2023 6:49 pm
Tue Jul 04, 2023 5:16 am
Paul Keevil wrote:Forever Blue wrote:Paul Keevil wrote:Hi Annis. I genuinely think that Sala was always our player and that Tan was stupid to pursue those court actions and to avoid paying Nantes what we legally owed. All I can think of is that there may have been some insurance related reason that ccfc wanted a decision from the highest court to say sala was ours.
But as for the civil case I do think he has a case. If an asset of CCFC was killed as the result of negligence (of someone else) then the club has a claim against someone else.
Perhaps I can put it another way. In 1980 my dad was killed in a car accident. A catseye was flicked out of the ground, between Bassaleg and Cardiff, and killed him instantly. It wad someone elses fault and my mum sued that party for his death and lost income and was successful
I am sure others on here have similar stories. It's life. Shit happens.
We owned Sala. He was taken away from us and the goals he would (on the balance of probabilities) have scored would have kept our Premier league status.
We are right to sue SOMEONE because someone is responsible. Only time will tell whether Nantes are the right party (part of me is no longer convinced)
Hi Paul,
Thank you for your clear explanation and So Sad to hear how your Father died.
The problem I have is that it was the agents and pilot that were responsible for Sala and that Nantes were NO longer involved in Sala after Sala became our player.
The agents were not acting on behalf of Nantes anymore.
Plus I believe the Managers, agents etc were shall we say closer in this than we are all led to believe.
What is also beyond is we never had proper insurance.
Tan is suppose to be suing them as well, but that’s suddenly gone totally quite as I think he will find it might be an employee of ours who messed up.
Hi Annis
In UK Law (Im not sure on French Law) it doesn't matter whether the sale had concluded or not.
The law of Vicarious Liability is a very technical area. A person/company does not specifically have to do something directly on behalf of another. They only have to do something which is "linked" to what they normally do.
Let me use Bob Higgins and Southampton as an example as I was involved in the case. Bob Higgins was the Southampton Under 13-16 coach. He also ran the Bob Higgins Academy and (around 1985) had several well known youngsters playing for him (I am not allowed to name them but I cant stop you doing an internet search). Anyway he abused a lot of the boys and is in prison having been convicted of 49 offences. In civil cases Southampton argued that it was nothing to do with them but, because there was a link (he trained boys at Southampton and his own Academy) Southampton found themselves defending Vicarious Liability allegations.
In our case I understand that (prior to Sala) Willie McKay arranged transport of players for Nantes. He was involved in the Sala flight and, it may be the case that he wasn't acting directly for Nantes. But there is a tenuous link which (if this was being heard in the UK) could have found Nantes liable for any losses CCFC sustained.
This is French law and I am no expert on that
Hope this partially explains.