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Legal position

Discussion in 'Cardiff City' started by ccfcremotesupport, Feb 18, 2019.

  1. BluefromBridgend

    BluefromBridgend Well-Known Member

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    Bloody hell, 2 Rumpoles of the Bailey.

    Reading that lot makes my head hurt.

    Good arguments gentlemen.
     
    #101
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  2. FrankfurterBlue

    FrankfurterBlue Well-Known Member

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    There are a couple of issues here......but assuming insurance exists, when it comes to a claim, the insurance company takes the lead and will insist, first of all, that the club denies liability....a bit like when one has a car crash the insurance company will try and void your insurance if you admit it was your fault. Then follows the claim and/or claims against others deemed to be liable. however, given the (apparent) poor state of the plane and the pilot's poor financial situation, there is little to be gained from suing when a win will see no dosh. But any insurance company involved will be driving this show.
     
    #102
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  3. ccfcremotesupport

    ccfcremotesupport Well-Known Member

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  4. ninian opinion

    ninian opinion Well-Known Member

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    #104
  5. Oldsparkey

    Oldsparkey Well-Known Member
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  6. ccfcremotesupport

    ccfcremotesupport Well-Known Member

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    #106
    ninian opinion likes this.
  7. Oldsparkey

    Oldsparkey Well-Known Member
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    I see the bigger problem would be attracting a decent manager to replace him next season. Who would want to come to a club who couldn't buy his own choice of players for 18 months?

    If a TE was imposed, I can see Colin agreeing to stay next season to work with what he's got right now. Other than that, we'd end up with another Slade type journeyman at the helm to see it out - God help us.
     
    #107
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  8. ccfcremotesupport

    ccfcremotesupport Well-Known Member

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    Might see a few youngsters given a chance.
     
    #108
  9. BluefromBridgend

    BluefromBridgend Well-Known Member

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    What a **** storm.

    So 4 numpties from FIFA, hardly a crystal clean organisation itself, over rule any legal points in France or the UK and are not prepared for the legal liability to be determined?

    Cart before horse methinks.

    How long before the trolls get on here?
     
    #109
  10. ninian opinion

    ninian opinion Well-Known Member

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    This is surely garbage.

    It’s a legal dispute over money.

    It’s not like Chelsea or Barca tapping up kids barely out of nappies to sign for them?
     
    #110

  11. Big Ern

    Big Ern Lord, Master, Guru & Emperor

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    That is basically it in a nutshell. Insurance companies do not want to pay claims, they are the sole cause of all the health and safety rules and 'the nanny state'. The estate of the dead pilot is more than likely to be liable, but that isn't going to be worth £15m as it's main asset is at the bottom of the channel, and his insurance is probably null and void anyway. Who, if anyone, carried the insurance at the time of the accident could take years to sort out in the meantime I think Cardiff will have to suck it up.
     
    #111
  12. Oldsparkey

    Oldsparkey Well-Known Member
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    I agree. The legal issues involved maybe outside Fifa's remit but can't be just ignored. Instructing City to honour a disputed contract on the basis of their interpretation of "ownership" with a threat of sanctions if they don't is ridiculous. Hiding behind their limited scope of involvement as an explanation for the judgement is bonkers when it has such implications,

    This has to be a legal matter not a footballing one. Fifa should have passed the ball on themselves to CAS and not arrived at a judgement that has consequences aimed at just one of the clubs. As far as they are concerned, Nantes have been hard done by and have done no wrong. Although offered comprehensive information as the the circumstances surrounding the whole matter, they chose to ignore the submissions. On to the next episode.
     
    #112
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  13. LIBERTARIAN

    LIBERTARIAN Well-Known Member

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    #113
  14. BluefromBridgend

    BluefromBridgend Well-Known Member

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    I said trolls not WUM'S. You come into the latter category Vetch and would take an opposing view to us whether we were right or wrong.
     
    #114
  15. swanseaandproud

    swanseaandproud Well-Known Member

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    Cardiff should pay the installments and argue about it in court later.....At least you would be able to use the transfer window when it opens, Cardiff wont be admitting they are wrong by paying the installments....
     
    #115
  16. ninian opinion

    ninian opinion Well-Known Member

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    Maybe pay it into a designated account to show good faith with it to be paid if a Court of law not FIFA adjudges liability in favour of Nantes.
     
    #116
  17. Oldsparkey

    Oldsparkey Well-Known Member
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    Good shout, but I doubt FIFA would agree with that as it's too sensible a resolution.

    On the Vetch front, we'd best not get into clubs doing the right thing.
     
    #117
  18. FrankfurterBlue

    FrankfurterBlue Well-Known Member

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    But, Dai, that's precisely what any insurance company would not allow. Both clubs could put money in escrow (I think that's what it's called) and wait for a ruling.....but that also doesn't make sense to the insurers, who are driving this case.
     
    #118
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  19. DragonPhilljack

    DragonPhilljack Well-Known Member

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    "The Football Association of Wales had undertaken "all the necessary requirements" less than two hours before Sala's flight left Nantes". - FIFA



    You may have an appeal in the Court of Arbitration for Sport, but it seems to me that you are on a sticky wicket here, unless you can prove the deal was somehow prejudiced and illegal, but looks like your swimming upstream with this one, best you suck it up, everything about this tragedy stinks regarding agents, say no mare aye!...................<ok>
     
    #119
  20. FrankfurterBlue

    FrankfurterBlue Well-Known Member

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    Speaking s someone who's wife has recently put the car through the garage door, Phil, I can only say there's a lot of mileage left in this one. We have four insurance companies jumping over hot coals to explain to us why they are not liable to pay out. The car insurance is doing the deed but we have had refusals from all the other three for various 'reasons' followed by one already coughing up for the contents destroyed in the garage. But this has been four weeks for some piddling bits.
    For 15 million, there'll be a lot of jumping about yet and neither club will have a say......assuming there's not an insurance gap somewhere!!!! Now THAT would be a disaster!!!!!
     
    #120
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