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[Albion] Emiliano Sala [signed by Cardiff, confirmed to have been on missing aircraft]



US Seagull

US Seagull

Well-known member
Jul 17, 2003
3,299
Cleveland, OH
FFS. Transfers aren't cash on delivery. You pay once the contracts are signed*. Don't they have some kind of insurance to cover these kinds of eventualities? And if not, why not?


* well, okay, depending on the exact terms and conditions included in the actual agreement, but still...
 




Eeyore

Eeyore

Colonel Hee-Haw of Queen's Park
NSC Patron
Apr 5, 2014
23,587
Nobody buys or sells a player. It's a term I never use. They buy a contract (then change it to suit).

Nobody 'owned' the player.

The question is which contract was valid at the time and what had been signed. The contract itself was no longer deliverable.

My reading was that Cardiff City do not have to pay.

But it's for a court of law to decide on what applies. I guess it would have come under EU law at the time.

A horrid episode.
 


drew

drew

Drew
Oct 3, 2006
23,067
Burgess Hill
Brighton Lines said:
Nobody buys or sells a player. It's a term I never use. They buy a contract (then change it to suit).

Nobody 'owned' the player.

The question is which contract was valid at the time and what had been signed. The contract itself was no longer deliverable.

My reading was that Cardiff City do not have to pay.

But it's for a court of law to decide on what applies. I guess it would have come under EU law at the time.

A horrid episode.
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I think strictly speaking, you are buying the players registration. Once the contract is signed, which it appears CAS agrees with, then both parties are obliged to abide by that contract. I don't think his death made the contract between the two clubs undeliverable as it had already been completed.
 




D

dsr-burnley

Well-known member
Aug 15, 2014
2,194
US Seagull said:
FFS. Transfers aren't cash on delivery. You pay once the contracts are signed*. Don't they have some kind of insurance to cover these kinds of eventualities? And if not, why not?


* well, okay, depending on the exact terms and conditions included in the actual agreement, but still...
Click to expand...

I've seen it suggested that it's insurance that's the problem. If Cardiff's insurance company deems that the contract was invalid, and not Cardiff's liability, then Cardiff either have to go to court because only a court order can force the insurance company to accept liability, or else bear the cost themselves.

Of course, it may be the insurance company is in the clear because of the circumstances of the dodgy flight. In that case, they might not have to pay up whoever's liability it turns out to be, and Cardiff are going to court purely on their own account.
 








Swansman

Swansman

Pro-peace
May 13, 2019
22,320
Sweden




Sheebo

Sheebo

Well-known member
Jul 13, 2003
29,287
Saw someone cite on here a little while ago that this poor blokes death was the reason we stayed up that season. Talk about assumption, guesswork and a crass comment all in one sentence 😬
 


SUIYHP

SUIYHP

The King's Gull
Apr 16, 2009
1,899
Inside Southwick Tunnel


Nobby Cybergoat

Nobby Cybergoat

Well-known member
Jul 19, 2021
6,991
SUIYHP said:
Christ that’s bad- they hadn’t found the plane at that point no? Cardiff clearly had their priorities in check.
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And who should be attempting to sue who? Are Cardiff not attempting insurance fraud here? They knew full well what the situation was. They surely have a duty to disclose all relevant facts to their insurer
 






jcdenton08

jcdenton08

Enemy of the People
NSC Patron
Oct 17, 2008
10,707
Weststander said:
Stupid? Attempted fraud.
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They’re claiming they thought he was insured already and emailed to put in a claim :facepalm: the very next day. Before the plane was found. Absolutely lovely club.

They’ve spent fortunes on legal bills and lost every single time. Classy.
 


Weststander

Weststander

Well-known member
NSC Patron
Aug 25, 2011
64,006
Withdean area
jcdenton08 said:
They’re claiming they thought he was insured already and emailed to put in a claim :facepalm: the very next day. Before the plane was found. Absolutely lovely club.

They’ve spent fortunes on legal bills and lost every single time. Classy.
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Did they ever pay Nantes?

Despite haven’t vast income compared to Nantes and each judicial stage finding against Cardiff, they fought every step of the way to renege.
 




Beach Hut

Beach Hut

Brighton Bhuna Boy
Jul 5, 2003
71,972
Living In a Box


jcdenton08

jcdenton08

Enemy of the People
NSC Patron
Oct 17, 2008
10,707
Weststander said:
Did they ever pay Nantes?

Despite haven’t vast income compared to Nantes and each judicial stage finding against Cardiff, they fought every step of the way to renege.
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They’ve been forced by the courts, and after losing an appeal by the CAS, into paying the first instalment plus Nantes’ legal fees and interest (£7m plus legal fees, which are probably huge), which they finally paid just a few weeks ago.

They only did this because FIFA put them in an indefinite transfer embargo and were told they couldn’t do any business until they’d paid up.

Another £7m+ will be due as the second instalment, again if they don’t pay it on time they’re straight back into transfer embargo.

They talked about trying to appeal to a court in Switzerland, but nothing seems to have come of that.

They’ve behaved absolutely despicably.
 


dadams2k11

dadams2k11

ID10T Error
Jun 24, 2011
4,948
Brighton
CARDIFF CITY STATEMENT:

There has been selective reporting today of the defence filed against the claim the Club has brought against its insurance brokers for doing their job negligently.

The Club did not try to insure Emiliano after the plane crash.

All Cardiff City Football Club staff understood from its broker that all players were insured from the moment they were signed, and the case arises from learning they were not.

It will reply to the allegations made in the defence that are untrue, or portrayed out of context, in the court proceedings and will not litigate this case in the media.
 


Weststander

Weststander

Well-known member
NSC Patron
Aug 25, 2011
64,006
Withdean area
dadams2k11 said:
CARDIFF CITY STATEMENT:

There has been selective reporting today of the defence filed against the claim the Club has brought against its insurance brokers for doing their job negligently.

The Club did not try to insure Emiliano after the plane crash.

All Cardiff City Football Club staff understood from its broker that all players were insured from the moment they were signed, and the case arises from learning they were not.

It will reply to the allegations made in the defence that are untrue, or portrayed out of context, in the court proceedings and will not litigate this case in the media.
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That’ll be interesting in court.

Cardiff claimed throughout that Sala was never their player, the signing was incomplete, because key technicalities hadn’t yet occurred.

But now suing their insurance brokers for not insuring their player.
 




jcdenton08

jcdenton08

Enemy of the People
NSC Patron
Oct 17, 2008
10,707
Weststander said:
That’ll be interesting in court.

Cardiff claimed throughout that Sala was never their player, the signing was incomplete, because key technicalities hadn’t yet occurred.

But now suing their insurance brokers for not insuring their player.
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He’s not our player… but if he WAS our player (which he wasn’t) he was insured for some reason.

Absolutely shameless.
 


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