I know business is business but I struggle with the moral implications of all this. And how can you make those sorts of calculations about football? He could have been injured in his first couple of games and been out for the season...a situation not unknown to us. Nevertheless, the guy died FFS
Relying on some what is basically guesswork is somewhat flimsy isn’t it? And yes as you state this is as a result of a tragic death
Don't think the "tragic death" has anything to do with it. Plenty of companies, institutions and even individuals are sued for negligence/corporate responsiblity when someone dies as a result of their wrongdoings whether he's a footballer or not. It's up to the legal process to sort that out. I truly appreciate and acknowledge the feelings expressed on here together with the disdain which some hold against Tan in his relentless pursuit of the claim. We live in world that's far from perfect and Tan is no angel but no monster either. If Nantes are held responsible for their dubious dealings regarding the illegal agent they employed and decisions he then made over the travel arrangements, I hope Tan gets every penny.
I guess the aim is to get back what we paid out but the Trumpesque nature of the figure now claimed is likely to make any reasonable court tell VT to pi$$ up his leg and play with the steam.
https://www.walesonline.co.uk/sport.../cardiff-city-confident-winning-100m-29038322 Rightly or wrongly, slowly but surely it seems the club is getting pay-offs from all parties that they have accused of wrongdoing or negligence in the whole dreadful saga. I'd hazard a guess that the odds are, with McKay's evidence 'in the bag' on our side we stand a pretty decent chance of winning this one too - maybe not for the full amount claimed but a sizeable sum I'd imagine. I don't see how Nantes can deny McKay was pulling a fast one and working for both them and Emiliano (at least he was pulling the strings and using his son as cover), which isn't allowed as far as I am aware. My only hope is that if we do get some kind of recompense out of this part of it then VT & the club make sure his family are suitably provided for from whatever award is given. It sounds as though we have continued to support them but once we get to the end of the mess we really need to ensure they are given a 'fair' share, not that any amount would ever replace a life. We can absolutely get ready for the Facebook/Social media storm that will undoubtedly follow us again about it all (already seen one or two articles) whereby all the uninformed morons will just read inflammatory headlines, view it from a tribal stance and rip into our club once again.
If this argument holds up I can see a lot of similar claims coming in against clubs who suffered relegation as a result of cheating by others. There's a long list now. And we can add those that missed out on promotion too!
This claim though is not about ‘cheating.’ In any event it’s in the French legal system so even if successful it’s unlikely to be binding on any similar claims in England.
Sorry! Short cut! I meant such as the West Ham debacle involving that player who looked like a Neanderthal that was wrongly registered of owned.......and similar overspending that got teams docked points but in a different season.
Agree Nin, but maybe it's just cheating by another name? The case is to establish the Nantes' owners/directors employed an illegal agent to factor the sale of a player. They allowed that agent the scope to arrange illegal flights by unqualified pilots which ultimately resulted in the death of that player. That's the fundamental issue that needs to be ruled upon by the French Courts, and the facts as we understand them are cast in stone. The more contentious issue is the extent of the consequential losses suffered by CCFC as a result of those actions. Whether they consider CCFC's monetary claim on the back of a positive ruling to be pure speculation and not realistic is up for grabs. As the entire transfer fee/footballing penalties have now been settled, there should be no counter claim from Nantes to offset any award - they have the money and the accrued interest in the bank. I expect CCFC to at least get that back but the "consequential losses" arrising from what "might have been" had Sala played for the club seem very optimistic. Mind you, ask for £15M and that's the max you'll ever get - ask for £100M and who knows?
Indeed in our jurisdiction it’s the proving of causative loss that’s both reasonable and foreseeable [in the event of liability being ordered by the court] that tests the court. One presumes the legal principles are the same or similar in France. Assuming an insurance company is involved for the Defendant, a commercial settlement is perhaps the likely aim for Tan to seek to recover the transfer fee at least.
Aha!! I see, nin, that you are the expert in these matters!! I suppose that then, it comes down to how close to survival we were and whether if Sala had played we might have beaten, for example, Southampton at home wasn't it. But as Sparkey says, ask for 15 and an out of court settlement might have been 1 or 2. Ask for a lot more and make some sort of case and even 10% is a lot more. the 105 million would certainly be reasonable...but it's the foreseeable that is the rub, I guess. On the point of insurance, I have always been of the opinion that insurers are driving this process as much as Tan?
Although ruling that the subsequent financial issues were beyond their remit and should be addressed in the legal courts, CAS has ruled that the player was Cardiff's "property" at the time of his death and the transfer fee should be paid in full - that has now been done. That being the case, Nantes' insurance company would be off the hook. Beyond that I can't see them indemnifying a club against illegal actions by its' owners if so proved. I think Nantes are on their own for this one. If proven guilty and a substantial payment ordered, they could well go to the wall. That's not to say that they don't already know that and would try to reach an out of court settlement with Tan. Although that might be painfull, it would keep them in business.
Good points there; it’s only my view but there are so many types of commercial perils covered by a variety of insurance policies nowadays available that possibly maybe Nantes have something in place? But if not as you rightly state they surely won’t have £100m liquid funds and presuming the Claimant has done its due diligence on enforcement (you don’t sue a man of straw!) if the early vibes from the court indicate a green light then a commercial settlement would be likely best result.
am not interested in any of this, I am interested in getting promoted next season. I am not interested in being mid table in the championship which is a waste of a season.
