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What surprises me most.....

Discussion in 'Norwich City' started by Carra_Rud, May 31, 2012.

  1. Canary Rob

    Canary Rob Well-Known Member

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    For those that are a little bit p1ssed off with Lambert, it sounds like he may well be put on gardening leave, so if he does sign he won't be able to manage for a month or two! Depends on the contract obviously...

    Things could get sticky- the other advantage of having rejected his resignation is that Villa WILL have to pay compensation. If they assess it on an extraordinary basis, this could be much more than the £1m touted.
     
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  2. VectisCanary

    VectisCanary Member

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    Would it be the same with Culverhouse and Karsa if they decided to go?
     
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  3. colu_mike7

    colu_mike7 Active Member

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    Au contraire exile budgerigar, I will take particular delight in your turnip pot clubs imminent demise. ;) <cheers>
     
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  4. Canary Rob

    Canary Rob Well-Known Member

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    I don't know- I haven't seen their contracts (obviously!), but quite possibly.
     
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  5. colu_mike7

    colu_mike7 Active Member

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    What a load of complete balderdash.

    Lambert can take up his position at Villa and there&#8217;s absolutely NOTHING McNally or Norwich can do about it! The only redress available to you is through a tribunal who will follow the president set in the last case (Norwich v Colchester) who will set compensation at a basic rate well below the £1 million being touted by some, and fine Villa £75,000.
     
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  6. Carra_Rud

    Carra_Rud Active Member

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    President Obama?
     
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  7. Canary Rob

    Canary Rob Well-Known Member

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    You're arguing with the wrong person here.

    Lambert won't have had restrictive covenants in his contract with Colchester, but they're pretty routine at levels above this. The BBC wouldn't mention a restrictive covenant without reason. Of course, there's a good chance that Villa might buy him out of that, but it will cost them. If he breaks contract, Lambert will be bound by the non-compete obligations...


    You also clearly don't understand contractual damages. They are assessed on the basis of putting the party in the position they would have been had the contract been fully performed.

    Lambert was on a year long contract, so the starting point would be a year's worth of his wages. I don't know what he earns. Given that the Football League Tribunal awarded extraordinary damages based on predicted performance with Colchester, it seems likely these would be included here on top of the damages for failure to perform his contract. I'm not sure the basis of this assessment, but it could well be on predicted league positioning.

    Naturally, Norwich would need to mitigate their loss by appointing a new manager.

    It is of course, unlikely to go to court so will probably be settled by Villa. They may look at a package of around £2m if Swansea's compensation package is £4-5m for Rodgers.
     
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  8. irdan

    irdan Well-Known Member

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    #88
  9. Exile

    Exile Member

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    I was about to type exactly this <whistle> ;)
     
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  10. canary_max

    canary_max Well-Known Member

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    The guardian are reporting that villa think they don't / aren't paying compo, they are adamant

    **** off can they
     
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  11. colu_mike7

    colu_mike7 Active Member

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    The &#8216;legal obligations&#8217; you mention simply are not enforceable, since you cannot take legal action against another club as per both Premiership and Football League rules i.e. it could never go to court.
     
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  12. Carra_Rud

    Carra_Rud Active Member

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    The longer the day has gone on, the more I'm thinking Lambert would of probably accepted the WBA job if offered it.

    Why he has all of a sudden decided that his future doesn't lie in Norfolk, I do not know, and will probably never know.
     
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  13. Exile

    Exile Member

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    Ironically, it's good to have you around tonight, Mike. You're providing a direct link back in time to the hideous mess we were in three years ago. It just reinforces how far we've come, how fast we've made that journey and how much we have to be thankful for that we appointed Paul Lambert.
    McNally masterstroke.

    Thanks Mike :)
     
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  14. irdan

    irdan Well-Known Member

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    The way he has jumped at the Villa job when 3rd choice it seems he would of jumped at just about any Prem job.
     
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  15. Canary Rob

    Canary Rob Well-Known Member

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    You are entirely wrong, I'm afraid.

    You don't have to believe me, but the fact is it is on the BBC website without the explanation I've given.

    I don't know the details of the contract, so I can't comment on the covenants and I can't comment on whether it would be Lambert liable for the breach or Aston Villa liable in tort for inducing breach of contract, but it will amount to the same thing.

    Villa will probably not have to pay a fine due to having approached Lambert the correct way.

    It is highly unlikely that this will go to court, so Villa will negotiate a settlement.
     
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  16. Carra_Rud

    Carra_Rud Active Member

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    If that is the case, we're better off without him.<ok>
     
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  17. colu_mike7

    colu_mike7 Active Member

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    Again you are incorrect, to compete in the Premiership, Championship, League One, and League Two, every club has to agree in writing that FA rules take precedence over law. To spell it out in the simplest terms for you, if you took legal action against Villa you would be automatically expelled from both the Premiership and Football League.
     
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  18. canary-dave

    canary-dave Well-Known Member

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    So the FA is above the law?

    Mikey, when you're already in a hole, stop digging!
     
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  19. Beefforhire-NCFC

    Beefforhire-NCFC Well-Known Member

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    No-one cares little buddy

    get the net!
     
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  20. Canary Rob

    Canary Rob Well-Known Member

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    I think you'll find you've misunderstood the law. Are you a lawyer?

    Firstly, the legal action would almost certainly be taken against Lambert, not Aston Villa.

    Villa will pay the compensation package in order to meet Lambert's obligations and "buy him out".

    I'm afraid you'll find that English clubs are governed ultimately by the English law, they have to abide by FA law too, but ultimately they are answerable in English courts if the they are not satisfied with FA judgments.

    Inducing breach of contract would be covered through the FA, then ultimately English law. That's why Norwich paid Col Who £400k in compensation. They paid a fine IN ADDITION because they breached FA rules. Villa haven't breached FA rules. Given that it is almost certain that a settlement would be reached before that, it is unlikely to go to court.


    Football clubs go to court all the time- see the threats against West Ham, Fulham and Tigana etc. etc.

    You obviously don't know what you're talking about
     
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