EXCLUSIVE: CITY TO FACE £30MILL BILL WITH LOSS OF £14MILL

Exclusive: Cardiff consider legal action over the Emiliano Sala plane disaster as they face £14m loss



Tom Morgan, sports news correspondent Harry Harris Jamie Johnson, in Guernsey -

SATURDAY 26TH JANUARY 2019 •

Cardiff City could launch a negligence claim over the Emiliano Sala plane disaster as the club faces a financial loss of around £14 million even after insurance payouts, The Daily Telegraph can disclose.


Senior figures at the club are increasingly concerned by the decision to fly their record signing across the English Channel in a single-engined plane built in 1984 and piloted by a part-time gas engineer.

Cardiff are now considering their legal position as they face a three-year contract bill estimated by accountants at £30million, including a £2.5million agents fee. Accident insurance is only likely to cover half the forecasted loss. One source payments from Cardiff to Nantes have been frozen until officials have established the facts from the crash.

Last night the club told The Telegraph: "Cardiff has made its position very clear that it had nothing to do with the arrangements of the flight, and now new information is coming in every day as we are continuing to investigate the chain of events and the cause of the accident. We are looking at the potential possibility of negligence that may have caused the accident.”

The flight was booked independently by Sala's agent and Mark McKay, an intermediary in the deal. Emergency services believe the plane crashed into the sea on Monday night after taking off from Nantes, north-west France. The club is particularly keen to discuss the chain of events with the owners of the US-registered Piper PA-46-310P Malibu.


A total £20million transfer fee had been agreed with Nantes, including a £3million bonus if the club survived relegation. Sala had been due at his first training session in Wales on Tuesday. The transfer documents had already been filed with the FA and Fifa. Cardiff "will pay whatever is due, once they have established all the answers and can determine all the facts", a source said.


The search for the aircraft officially ended on Thursday, against the wishes of his family. Rescue crews had covered an area of around 1,700 square miles of land and sea without finding any remains of the aircraft. Yesterday, Lionel Messi and Diego Maradona both supported calls to resume the search. A receptionist at the hotel where the pilot had been staying also added to the mystery by she believed the plane had been due to leave up to 10 hours before it eventually took off.


The club is believed to have had £16million (20.9m euros) of personal accident (PA) protection with the financial giant Lloyd’s to cover its players. Trade magazine Insurance Insider reports the club’s accident policy is led by China Re Syndicate 2088 and brokered by Miller. Sala’s name is likely to have been added to the Premier League club’s policy when the transfer was completed on January 19, just two days before his death. China Re’s lead line represents around 16 percent of the total limit, with other Lloyd’s insurers set to pay the rest of the claim. The Piper Malibu aircraft, which vanished off the coast of Guernsey, is also insured in the London market.


The minimum £17million transfer fee for the Argentinian striker, excluding the £3million Premier League survival bonus. was previously agreed to be paid in three instalments. The player's agent, Meissa N'Diaye, and McKay were also due huge windfalls.

In addition to the £30million bill - which includes Sala's projected salary and fees - the club is braced for a subsequent impact on revenue from sponsorship arrangements and shirt sales. One source said the club will pay Nantes "whatever they believe to be a fair amount once they have established all the possibilities, including any negligence claims".


The plane was built in 1984, and was registered in the United States rather than Britain through a company based in Norfolk.

The owners said in a statement issued by Southern Aircraft Consultancy they are "fully cooperating with the appropriate authorities, including the AAIB (air investigators) and police".

The pilot, Dave Ibbotson, held a private pilot's licence, according to US Federal Aviation Aviation Administration records. There is no public record of him having a commercial qualification. Ian Marshall, a friend of Mr Ibbotson’s who sat with him on the British Parachute Association council, told The Guardian: “Most of the pilots who have these private licences are semi-commercial. You’re not meant to fly for any financial reward but that’s not to say you can’t fly for reasonable expenses. That’s how many of them get around it."

Ken Choo, the chief executive, recognised the club is now facing a severe striker shortage as the transfer window expires. However, the interim Premier League chief executive Richard Masters has apparently told him the league is powerless to offer any special dispensations to make a signing beyond the end of January.

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This is going to get messy and rumble on for years
Just what we did not need after finally getting this club back on track

Hopefully not and I think the current Cardiff City regime will try to avoid that scenario

I still think it's too early to decide on or start formal actions, as the full facts are still to come and the two men involved in the incident have still not been accounted for

However, reading the report, it suggests that the onus was on the Agent(s) of Emiliano Sala regarding the arrangement of the flight and not Cardiff City FC and it further suggests that insurance is likely to have been in place for the player once he signed his contract two days earlier

Slowly but surely it's unravelling and with some patience the truth will eventually out

Hopefully not and I think the current Cardiff City regime will try to avoid that scenario

I still think it's too early to decide on or start formal actions, as the full facts are still to come and the two men involved in the incident have still not been accounted for

However, reading the report, it suggests that the onus was on the Agent(s) of Emiliano Sala regarding the arrangement of the flight and not Cardiff City FC and it further suggests that insurance is likely to have been in place for the player once he signed his contract two days earlier

Slowly but surely it's unravelling and with some patience the truth will eventually out

You have to think though Nantes dont need to charge the full amount giving the circumstances. This situation is very harsh on the buying club. A compromise fee should be agreed somehow. This really could knock this club back years if we suffer relegation now as we have no asset for the money.

Hopefully not and I think the current Cardiff City regime will try to avoid that scenario

I still think it's too early to decide on or start formal actions, as the full facts are still to come and the two men involved in the incident have still not been accounted for

However, reading the report, it suggests that the onus was on the Agent(s) of Emiliano Sala regarding the arrangement of the flight and not Cardiff City FC and it further suggests that insurance is likely to have been in place for the player once he signed his contract two days earlier

Slowly but surely it's unravelling and with some patience the truth will eventually out

You have to think though Nantes dont need to charge the full amount giving the circumstances. This situation is very harsh on the buying club. A compromise fee should be agreed somehow. This really could knock this club back years if we suffer relegation now as we have no asset for the money.

Agree but the report is suggesting the player is likely to be insured and that would help alleviate any potential issue greatly when the time comes

Hopefully not and I think the current Cardiff City regime will try to avoid that scenario

I still think it's too early to decide on or start formal actions, as the full facts are still to come and the two men involved in the incident have still not been accounted for

However, reading the report, it suggests that the onus was on the Agent(s) of Emiliano Sala regarding the arrangement of the flight and not Cardiff City FC and it further suggests that insurance is likely to have been in place for the player once he signed his contract two days earlier

Slowly but surely it's unravelling and with some patience the truth will eventually out

You have to think though Nantes dont need to charge the full amount giving the circumstances. This situation is very harsh on the buying club. A compromise fee should be agreed somehow. This really could knock this club back years if we suffer relegation now as we have no asset for the money.[/quote



so reading this correctly because he signed contract we are libel for the 15m transfer fee plus his wages plus agent fee total 30m? and we are only likely to get 15m back through ins so net loss of 14m unless we dig up a diamond striker for free or peanuts we stand lose heck of money we can hardly afford!

I'd tell the agent to piss off first of all.

And the money for wages could well be split over a longer period of time to the family. Not really the end of the world that bit

Tbh I think it’s wrong the media harping on about finances and insurance claims whilst the pair still haven’t been found.
Yes I know it’s a massive long shot now of finding them alive, I’m not naive, but it hasn’t even been a week.

Let’s concentrate on business at hand, we have 6 more days in the current transfer window, let’s get that done and then worry about the above issues later

Last edited by snoopystorm on Fri Jan 25, 2019 11:54 pm, edited 1 time in total.

I'd tell the agent to piss off first of all.

And the money for wages could well be split over a longer period of time to the family. Not really the end of the world that bit

yes was just discussing point that maybe club can come to arrangement with family over his wages at later date of course!

Hopefully not and I think the current Cardiff City regime will try to avoid that scenario

I still think it's too early to decide on or start formal actions, as the full facts are still to come and the two men involved in the incident have still not been accounted for

However, reading the report, it suggests that the onus was on the Agent(s) of Emiliano Sala regarding the arrangement of the flight and not Cardiff City FC and it further suggests that insurance is likely to have been in place for the player once he signed his contract two days earlier

Slowly but surely it's unravelling and with some patience the truth will eventually out

You have to think though Nantes dont need to charge the full amount giving the circumstances. This situation is very harsh on the buying club. A compromise fee should be agreed somehow. This really could knock this club back years if we suffer relegation now as we have no asset for the money.

Nantes do need charge full amount. No co promise. We sell you our best player. You buy you pay.

If Mr Choo insure correct no problem. Afraid he not as so.
Cardiff City now not pay Nantes. This is wrong.

Hopefully not and I think the current Cardiff City regime will try to avoid that scenario

I still think it's too early to decide on or start formal actions, as the full facts are still to come and the two men involved in the incident have still not been accounted for

However, reading the report, it suggests that the onus was on the Agent(s) of Emiliano Sala regarding the arrangement of the flight and not Cardiff City FC and it further suggests that insurance is likely to have been in place for the player once he signed his contract two days earlier

Slowly but surely it's unravelling and with some patience the truth will eventually out

You have to think though Nantes dont need to charge the full amount giving the circumstances. This situation is very harsh on the buying club. A compromise fee should be agreed somehow. This really could knock this club back years if we suffer relegation now as we have no asset for the money.

Nantes do need charge full amount. No co promise. We sell you our best player. You buy you pay.

Alright daya?

If Mr Choo insure correct no problem. Afraid he not as so.
Cardiff City now not pay Nantes. This is wrong.

You back again? Get stuffed.

Hopefully not and I think the current Cardiff City regime will try to avoid that scenario

I still think it's too early to decide on or start formal actions, as the full facts are still to come and the two men involved in the incident have still not been accounted for

However, reading the report, it suggests that the onus was on the Agent(s) of Emiliano Sala regarding the arrangement of the flight and not Cardiff City FC and it further suggests that insurance is likely to have been in place for the player once he signed his contract two days earlier

Slowly but surely it's unravelling and with some patience the truth will eventually out

You have to think though Nantes dont need to charge the full amount giving the circumstances. This situation is very harsh on the buying club. A compromise fee should be agreed somehow. This really could knock this club back years if we suffer relegation now as we have no asset for the money.

Agree but the report is suggesting the player is likely to be insured and that would help alleviate any potential issue greatly when the time comes

I believe this is the only option for the club, however there will be a battle if the owners are offshore..

Hopefully not and I think the current Cardiff City regime will try to avoid that scenario

I still think it's too early to decide on or start formal actions, as the full facts are still to come and the two men involved in the incident have still not been accounted for

However, reading the report, it suggests that the onus was on the Agent(s) of Emiliano Sala regarding the arrangement of the flight and not Cardiff City FC and it further suggests that insurance is likely to have been in place for the player once he signed his contract two days earlier

Slowly but surely it's unravelling and with some patience the truth will eventually out

You have to think though Nantes dont need to charge the full amount giving the circumstances. This situation is very harsh on the buying club. A compromise fee should be agreed somehow. This really could knock this club back years if we suffer relegation now as we have no asset for the money.

Nantes do need charge full amount. No co promise. We sell you our best player. You buy you pay.

Good to see where your priorities lie Ze Monde.

The possibility that this young man has lost his life in such tragic circumstances is truly heartbreaking. Of course, our first thoughts should be with his family and loved ones.

However, since some may be speculating as to the financial loss that Cardiff City Football Club may face, let's make sure that we get it right.

It is some time since I worked in the field of Contract Law so I may be incorrect in my assessment of this matter, so maybe a practising lawyer could comment.

Presumably, there are 2 contracts involving Emiliano Sala, which we need to look at.

The first contract is the contract for the purchase of the player himself. In this case it would appear that Cardiff City would be liable for the full purchase price (although questions could be asked about the Agents fee should be paid if it turns out that the Agent was liable).

But the reason I decided to register and comment on this forum is because the second correct, that between the club and the player may need more attention.

It is being suggested that Cardiff City are liable to pay all the players wages for the full length of his contract, presumably to his heir or heirs.

I don't believe that this is correct. In this case, if as sadly seems likely, Emiliano is unable to perform his contract to play for the club, or at least be available to play, then Cardiff City will be legally entitled to terminate the contract due to "frustration" of that contract.

http://e-lawresources.co.uk/Frustrated-contracts.php

The club may make a goodwill payment to the players family but would certainly not be contractually bound to do so.

So, it seems to me, and like I say I may be wrong, that if City have insurance in place which will cover the transfer fee then they will not lose a massive amount of money as a result of this awful situation.

I think the official search was called off too soon and am pleased to hear that further attempts are being made to find Emiliano and the pilot.

Far too many multi profiles on here..

The possibility that this young man has lost his life in such tragic circumstances is truly heartbreaking. Of course, our first thoughts should be with his family and loved ones.

However, since some may be speculating as to the financial loss that Cardiff City Football Club may face, let's make sure that we get it right.

It is some time since I worked in the field of Contract Law so I may be incorrect in my assessment of this matter, so maybe a practising lawyer could comment.

Presumably, there are 2 contracts involving Emiliano Sala, which we need to look at.

The first contract is the contract for the purchase of the player himself. In this case it would appear that Cardiff City would be liable for the full purchase price (although questions could be asked about the Agents fee should be paid if it turns out that the Agent was liable).

But the reason I decided to register and comment on this forum is because the second correct, that between the club and the player may need more attention.

It is being suggested that Cardiff City are liable to pay all the players wages for the full length of his contract, presumably to his heir or heirs.

I don't believe that this is correct. In this case, if as sadly seems likely, Emiliano is unable to perform his contract to play for the club, or at least be available to play, then Cardiff City will be legally entitled to terminate the contract due to "frustration" of that contract.

http://e-lawresources.co.uk/Frustrated-contracts.php

The club may make a goodwill payment to the players family but would certainly not be contractually bound to do so.

So, it seems to me, and like I say I may be wrong, that if City have insurance in place which will cover the transfer fee then they will not lose a massive amount of money as a result of this awful situation.

I think the official search was called off too soon and am pleased to hear that further attempts are being made to find Emiliano and the pilot.

Contract Law.... Without reading the contract, how can you honestly make presumptions?

Hopefully not and I think the current Cardiff City regime will try to avoid that scenario

I still think it's too early to decide on or start formal actions, as the full facts are still to come and the two men involved in the incident have still not been accounted for

However, reading the report, it suggests that the onus was on the Agent(s) of Emiliano Sala regarding the arrangement of the flight and not Cardiff City FC and it further suggests that insurance is likely to have been in place for the player once he signed his contract two days earlier

Slowly but surely it's unravelling and with some patience the truth will eventually out

You have to think though Nantes dont need to charge the full amount giving the circumstances. This situation is very harsh on the buying club. A compromise fee should be agreed somehow. This really could knock this club back years if we suffer relegation now as we have no asset for the money.

Nantes do need charge full amount. No co promise. We sell you our best player. You buy you pay.

Good to see where your priorities lie Ze Monde.

WHU and their athletic stadium, fella!

Hopefully not and I think the current Cardiff City regime will try to avoid that scenario

I still think it's too early to decide on or start formal actions, as the full facts are still to come and the two men involved in the incident have still not been accounted for

However, reading the report, it suggests that the onus was on the Agent(s) of Emiliano Sala regarding the arrangement of the flight and not Cardiff City FC and it further suggests that insurance is likely to have been in place for the player once he signed his contract two days earlier

Slowly but surely it's unravelling and with some patience the truth will eventually out

You have to think though Nantes dont need to charge the full amount giving the circumstances. This situation is very harsh on the buying club. A compromise fee should be agreed somehow. This really could knock this club back years if we suffer relegation now as we have no asset for the money.

Nantes do need charge full amount. No co promise. We sell you our best player. You buy you pay.

Good to see where your priorities lie Ze Monde.

WHU and their athletic stadium, fella!

#
whoever it is. they are the scum of the earth.

I'm not up on this but surely any player that signs for the team become an 'asset' to the business?

Far too many multi profiles on here..

yes I agree
and its pretty tasteless.

The possibility that this young man has lost his life in such tragic circumstances is truly heartbreaking. Of course, our first thoughts should be with his family and loved ones.

However, since some may be speculating as to the financial loss that Cardiff City Football Club may face, let's make sure that we get it right.

It is some time since I worked in the field of Contract Law so I may be incorrect in my assessment of this matter, so maybe a practising lawyer could comment.

Presumably, there are 2 contracts involving Emiliano Sala, which we need to look at.

The first contract is the contract for the purchase of the player himself. In this case it would appear that Cardiff City would be liable for the full purchase price (although questions could be asked about the Agents fee should be paid if it turns out that the Agent was liable).

But the reason I decided to register and comment on this forum is because the second correct, that between the club and the player may need more attention.

It is being suggested that Cardiff City are liable to pay all the players wages for the full length of his contract, presumably to his heir or heirs.

I don't believe that this is correct. In this case, if as sadly seems likely, Emiliano is unable to perform his contract to play for the club, or at least be available to play, then Cardiff City will be legally entitled to terminate the contract due to "frustration" of that contract.

http://e-lawresources.co.uk/Frustrated-contracts.php

The club may make a goodwill payment to the players family but would certainly not be contractually bound to do so.

So, it seems to me, and like I say I may be wrong, that if City have insurance in place which will cover the transfer fee then they will not lose a massive amount of money as a result of this awful situation.

I think the official search was called off too soon and am pleased to hear that further attempts are being made to find Emiliano and the pilot.

Contract Law.... Without reading the contract, how can you honestly make presumptions?

With no knowledge of contract law, how can you possibly even comment or post your childish emojis?

I was only trying to help. As a football club, we have enough to worry about without having to find an additional £15 million. Money which could and should be spent to keep us in the Premier League.

For your information, though, a contract is a contract and any contract can be terminated due to impossibility which frustrates the contract.

Why not actually look it up before making your insulting comments?

The possibility that this young man has lost his life in such tragic circumstances is truly heartbreaking. Of course, our first thoughts should be with his family and loved ones.

However, since some may be speculating as to the financial loss that Cardiff City Football Club may face, let's make sure that we get it right.

It is some time since I worked in the field of Contract Law so I may be incorrect in my assessment of this matter, so maybe a practising lawyer could comment.

Presumably, there are 2 contracts involving Emiliano Sala, which we need to look at.

The first contract is the contract for the purchase of the player himself. In this case it would appear that Cardiff City would be liable for the full purchase price (although questions could be asked about the Agents fee should be paid if it turns out that the Agent was liable).

But the reason I decided to register and comment on this forum is because the second correct, that between the club and the player may need more attention.

It is being suggested that Cardiff City are liable to pay all the players wages for the full length of his contract, presumably to his heir or heirs.

I don't believe that this is correct. In this case, if as sadly seems likely, Emiliano is unable to perform his contract to play for the club, or at least be available to play, then Cardiff City will be legally entitled to terminate the contract due to "frustration" of that contract.

http://e-lawresources.co.uk/Frustrated-contracts.php

The club may make a goodwill payment to the players family but would certainly not be contractually bound to do so.

So, it seems to me, and like I say I may be wrong, that if City have insurance in place which will cover the transfer fee then they will not lose a massive amount of money as a result of this awful situation.

I think the official search was called off too soon and am pleased to hear that further attempts are being made to find Emiliano and the pilot.

Contract Law.... Without reading the contract, how can you honestly make presumptions?

With no knowledge of contract law, how can you possibly even comment or post your childish emojis?

I was only trying to help. As a football club, we have enough to worry about without having to find an additional £15 million. Money which could and should be spent to keep us in the Premier League.

For your information, though, a contract is a contract and any contract can be terminated due to impossibility which frustrates the contract.

Why not actually look it up before making your insulting comments?

My understanding is what you’ve said there would still be a short fall to pay as insurance (if any was actually in place) would not pay the full transfer price

I’ve said this a few times already but if the agent still wants their £2.5m in these circumstances then I would find that abhorrent.

The possibility that this young man has lost his life in such tragic circumstances is truly heartbreaking. Of course, our first thoughts should be with his family and loved ones.

However, since some may be speculating as to the financial loss that Cardiff City Football Club may face, let's make sure that we get it right.

It is some time since I worked in the field of Contract Law so I may be incorrect in my assessment of this matter, so maybe a practising lawyer could comment.

Presumably, there are 2 contracts involving Emiliano Sala, which we need to look at.

The first contract is the contract for the purchase of the player himself. In this case it would appear that Cardiff City would be liable for the full purchase price (although questions could be asked about the Agents fee should be paid if it turns out that the Agent was liable).

But the reason I decided to register and comment on this forum is because the second correct, that between the club and the player may need more attention.

It is being suggested that Cardiff City are liable to pay all the players wages for the full length of his contract, presumably to his heir or heirs.

I don't believe that this is correct. In this case, if as sadly seems likely, Emiliano is unable to perform his contract to play for the club, or at least be available to play, then Cardiff City will be legally entitled to terminate the contract due to "frustration" of that contract.

http://e-lawresources.co.uk/Frustrated-contracts.php

The club may make a goodwill payment to the players family but would certainly not be contractually bound to do so.

So, it seems to me, and like I say I may be wrong, that if City have insurance in place which will cover the transfer fee then they will not lose a massive amount of money as a result of this awful situation.

I think the official search was called off too soon and am pleased to hear that further attempts are being made to find Emiliano and the pilot.

Contract Law.... Without reading the contract, how can you honestly make presumptions?

With no knowledge of contract law, how can you possibly even comment or post your childish emojis?

I was only trying to help. As a football club, we have enough to worry about without having to find an additional £15 million. Money which could and should be spent to keep us in the Premier League.

For your information, though, a contract is a contract and any contract can be terminated due to impossibility which frustrates the contract.

Why not actually look it up before making your insulting comments?

My understanding is what you’ve said there would still be a short fall to pay as insurance (if any was actually in place) would not pay the full transfer price

According to the original post there should be insurance in place to cover the £15 million transfer fee. I very much doubt that the reported extra fee should we escape relegation would come into effect because the subject of the contract (E Sala) would have had no influence on that outcome.

What I was saying though was that the question of Cardiff City being able to pay up the contract should not arise, under English Law, in these circumstances. When an unforeseen event occurs which prevents one party from fulfilling its obligations the contract can be terminated and therefore Cardiff City could not be sued for the players wages anymore than the player or his family could be sued for not playing!

The possibility that this young man has lost his life in such tragic circumstances is truly heartbreaking. Of course, our first thoughts should be with his family and loved ones.

However, since some may be speculating as to the financial loss that Cardiff City Football Club may face, let's make sure that we get it right.

It is some time since I worked in the field of Contract Law so I may be incorrect in my assessment of this matter, so maybe a practising lawyer could comment.

Presumably, there are 2 contracts involving Emiliano Sala, which we need to look at.

The first contract is the contract for the purchase of the player himself. In this case it would appear that Cardiff City would be liable for the full purchase price (although questions could be asked about the Agents fee should be paid if it turns out that the Agent was liable).

But the reason I decided to register and comment on this forum is because the second correct, that between the club and the player may need more attention.

It is being suggested that Cardiff City are liable to pay all the players wages for the full length of his contract, presumably to his heir or heirs.

I don't believe that this is correct. In this case, if as sadly seems likely, Emiliano is unable to perform his contract to play for the club, or at least be available to play, then Cardiff City will be legally entitled to terminate the contract due to "frustration" of that contract.

http://e-lawresources.co.uk/Frustrated-contracts.php

The club may make a goodwill payment to the players family but would certainly not be contractually bound to do so.

So, it seems to me, and like I say I may be wrong, that if City have insurance in place which will cover the transfer fee then they will not lose a massive amount of money as a result of this awful situation.

I think the official search was called off too soon and am pleased to hear that further attempts are being made to find Emiliano and the pilot.

Contract Law.... Without reading the contract, how can you honestly make presumptions?

With no knowledge of contract law, how can you possibly even comment or post your childish emojis?

I was only trying to help. As a football club, we have enough to worry about without having to find an additional £15 million. Money which could and should be spent to keep us in the Premier League.

For your information, though, a contract is a contract and any contract can be terminated due to impossibility which frustrates the contract.

Why not actually look it up before making your insulting comments?

Casual C is quite correct on the face of it, but actually there are contracts and claimed contracts all over the place here. Not just a matter of the two you've mentioned because there will undoubtedly be endless claims and counter claims between all parties such as insurance companies , the employers of the pilot, whoever maintained the aircraft , potentially the various search authorities and their insurers, the airport in France who may have failed in its duty to supervise boardings ,and no doubt it will be suggested that they should have intervened when the plane was obviously having problems taking off. Maybe someone will suggest that there was something wrong with the aircraft itself , it's equipment or instrumentation , in which case the manufacturer may be dragged into it.
All this is complicated because the case crosses at least two legal jurisdictions and the plane is registered in the USA so their national and state regulations will arguably apply. Given the much bigger payouts awarded by American Courts, arguments will undoubtedly be made that they have jurisdiction to hear the matter, particularly by the family.
I imagine that it's also possible that they could open proceedings in Argentina , which is incidentally entitled to hold its own inquest since he's one of their nationals.
Unless remains are found and identified, neither he nor the pilot can be declared or considered dead for seven years without leave of the High Court, which won't happen if anyone objects to it. Oh, and do bear in mind that all this is duplicated regarding the apparent death of the pilot.

In short , this is a very very complicated matter involving a lot of money and it will go on for many years. The most eminent QC who specialises in this sort of case couldn't possibly have enough information yet to scratch the surface at this stage, and we certainly can't boil it down to a couple of straightforward points.

If anyone intends to follow the case to a quick conclusion they will be dissapointed. I'd rarely say this, but I'd recommend everyone not to bother trying to think it out at this stage - it'd be a pointless effort . If you're that interested, give it two years or so to see how it's panning out.

Last edited by SirJimmySchoular on Sat Jan 26, 2019 11:47 am, edited 1 time in total.

The possibility that this young man has lost his life in such tragic circumstances is truly heartbreaking. Of course, our first thoughts should be with his family and loved ones.

However, since some may be speculating as to the financial loss that Cardiff City Football Club may face, let's make sure that we get it right.

It is some time since I worked in the field of Contract Law so I may be incorrect in my assessment of this matter, so maybe a practising lawyer could comment.

Presumably, there are 2 contracts involving Emiliano Sala, which we need to look at.

The first contract is the contract for the purchase of the player himself. In this case it would appear that Cardiff City would be liable for the full purchase price (although questions could be asked about the Agents fee should be paid if it turns out that the Agent was liable).

But the reason I decided to register and comment on this forum is because the second correct, that between the club and the player may need more attention.

It is being suggested that Cardiff City are liable to pay all the players wages for the full length of his contract, presumably to his heir or heirs.

I don't believe that this is correct. In this case, if as sadly seems likely, Emiliano is unable to perform his contract to play for the club, or at least be available to play, then Cardiff City will be legally entitled to terminate the contract due to "frustration" of that contract.

http://e-lawresources.co.uk/Frustrated-contracts.php

The club may make a goodwill payment to the players family but would certainly not be contractually bound to do so.

So, it seems to me, and like I say I may be wrong, that if City have insurance in place which will cover the transfer fee then they will not lose a massive amount of money as a result of this awful situation.

I think the official search was called off too soon and am pleased to hear that further attempts are being made to find Emiliano and the pilot.

Contract Law.... Without reading the contract, how can you honestly make presumptions?

With no knowledge of contract law, how can you possibly even comment or post your childish emojis?

I was only trying to help. As a football club, we have enough to worry about without having to find an additional £15 million. Money which could and should be spent to keep us in the Premier League.

For your information, though, a contract is a contract and any contract can be terminated due to impossibility which frustrates the contract.

Why not actually look it up before making your insulting comments?

with no knowledge of contract law..
your base for the post is a newspaper article which contains zero actual figures
and zero actual quotes from anyone at the club re fees, insurance , monies.

See above

The possibility that this young man has lost his life in such tragic circumstances is truly heartbreaking. Of course, our first thoughts should be with his family and loved ones.

However, since some may be speculating as to the financial loss that Cardiff City Football Club may face, let's make sure that we get it right.

It is some time since I worked in the field of Contract Law so I may be incorrect in my assessment of this matter, so maybe a practising lawyer could comment.

Presumably, there are 2 contracts involving Emiliano Sala, which we need to look at.

The first contract is the contract for the purchase of the player himself. In this case it would appear that Cardiff City would be liable for the full purchase price (although questions could be asked about the Agents fee should be paid if it turns out that the Agent was liable).

But the reason I decided to register and comment on this forum is because the second correct, that between the club and the player may need more attention.

It is being suggested that Cardiff City are liable to pay all the players wages for the full length of his contract, presumably to his heir or heirs.

I don't believe that this is correct. In this case, if as sadly seems likely, Emiliano is unable to perform his contract to play for the club, or at least be available to play, then Cardiff City will be legally entitled to terminate the contract due to "frustration" of that contract.

http://e-lawresources.co.uk/Frustrated-contracts.php

The club may make a goodwill payment to the players family but would certainly not be contractually bound to do so.

So, it seems to me, and like I say I may be wrong, that if City have insurance in place which will cover the transfer fee then they will not lose a massive amount of money as a result of this awful situation.

I think the official search was called off too soon and am pleased to hear that further attempts are being made to find Emiliano and the pilot.

Contract Law.... Without reading the contract, how can you honestly make presumptions?

With no knowledge of contract law, how can you possibly even comment or post your childish emojis?

I was only trying to help. As a football club, we have enough to worry about without having to find an additional £15 million. Money which could and should be spent to keep us in the Premier League.

For your information, though, a contract is a contract and any contract can be terminated due to impossibility which frustrates the contract.

Why not actually look it up before making your insulting comments?

with no knowledge of contract law..
your base for the post is a newspaper article which contains zero actual figures
and zero actual quotes from anyone at the club re fees, insurance , monies.

I'm sorry I didn't mean to sound rude/condescending but as above without any facts nobody can presume.