UPDATED BREAKING: “ NANTES / CARDIFF CITY MONEY "

ky Sports

Thursday 7th February 2019


Nantes demand Emiliano Sala transfer money from Cardiff.

Cardiff believe they should only start making payments once the salvage operation and investigation into the crash are complete
Emiliano Sala went missing in a plane that has been found on the seabed in the Channel.



French football club Nantes have started legal action against Cardiff City, asking for the first payment in the £15m deal to buy Emiliano Sala, Sky sources say.

The French club is demanding that the instalment, understood to be more than £5m, is transferred to them immediately.



UPDATED:

SKY SPORTS


Cardiff City ready for legal battle as Nantes demand first payment of Emiliano Sala £15m transfer fee

After two letters last Friday and Monday were sent from Nantes FC.

Sky Sports

Wednesday 6th February 2019

The French club have demanded the first £5m down payment of the fee, which had been overdue.

One letter from Nantes is thought to have been sent to the Bluebirds on Friday, with another arriving on Wednesday.

Nantes are threatening legal action of their own if they do not receive payment within a 10-day period.

His international documents are understood to have been lodged with the Football Association of Wales, but there are doubts about whether they were registered with the Premier League at the time of his disappearance.

Although Cardiff announced they were signing Sala two days before the tragedy happened, they emphasised it was subject to clearance from the authorities. That is a point the Bluebirds make at the beginning of any announcement on a new signing.

Another complication is the involvement of Sala's former club FC Bordeaux, who were entitled to a 50 per cent sell-on fee.

However, they went public in stating they would not be demanding payment at this stage.

A further complication is the insurance situation, at Cardiff and Nantes.

We understand the Bluebirds are ready to talk to Nantes about the matter and a mutual way in which to proceed, but privately they are disappointed with the letters from the French club demanding payment.








“ FC NANTES DEMAND EMILIANO SALA MONEY FROM CARDIFF CITY “

As of yet even the downpayment of £5mill has not been paid.


Cardiff now want to look at all the documentation.

BBC


Wednesday 6th February

French club Nantes have demanded payment from Cardiff City over the £15m transfer of Emiliano Sala, BBC Wales has learned.


Cardiff have withheld the first scheduled payment until they are satisfied with "all the facts".


The £15m transfer fee is due to be paid in instalments over three years.

Sala, along with pilot David Ibbotson, was on board the Piper Malibu N264DB which lost radar contact near Guernsey on 21 January.

The Argentine striker was Premier League club Cardiff's record signing.

Cardiff have withheld the first scheduled payment until they are satisfied with the documentation.

Nantes threaten legal action over £15million Emiliano Sala transfer to Cardiff City


Daily Mirror

Wednesday 6th February 2019

Nantes are threatening legal action against Cardiff over the transfer of Emiliano Sala.

Cardiff have withheld the first scheduled payment until they are satisfied with "all the facts".


Cardiff now want to look at all the documentation.

The £15m transfer fee is due to be paid in instalments over three years.

Sala completed his move from Nantes to Cardiff in January and was travelling back to south Wales when his private jet went missing.

A privately-funded search discovered the plane wreckage in the English Channel this week after an initial search was called off.

An underwater camera showed one occupant visible in the wreckage with the recovery operation now underway.

Sala and pilot Dave Ibbotson were the only two people on board the Piper Malibu N264DB aircraft.

Sala officially completed his move to the Welsh capital in a club-record deal on January 21.

He returned to his former club to bid farewell to his teammates before returning to Cardiff.

It is claimed Nantes are threatening legal action if they don't receive a payment in the net 10 days.

Cardiff are said to be surprised at the timings of the demand while the recovery operations are underway.

Sala had scored 13 goals for Nantes in Ligue 1 this season before the move.

Sala in action for Nantes (Image: Maxppp/PA Images)

Air Accidents Investigation Branch confirmed on Tuesday that their mission to recover the body inside the wreckage is underway.

An AAIB spokesperson said: "We are attempting to recovery the body. If we are successful, we will consider the feasibility of recovering the aircraft wreckage.

“Strong tidal conditions mean we can only use the remotely operated vehicle (ROV) for limited periods each day and this will mean that progress is slow.


"Regardless of the results, we will not be making a further statement until the families have been informed."

No official identification of the body will happen until it has been removed from the site and it remains unclear if it is Sala or pilot David Ibbotson.

City will have to pay, we did sign him.
Nantes could ensure a transfer embargo is given if we fail to pay.

I can't see any friendly games ever happening in the future or a good relationship happening like many thought.

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From what I'm reading the transfer fee is the least of the issues as that would be covered by insurance. Although at the moment he is missing which causes all sorts of legal issues and could take years to sort out.

I think a major issue is to do with agents fees

Last edited by welshrarebit on Wed Feb 06, 2019 4:04 pm, edited 1 time in total.

There will be reasons and I have faith that the club will do what is right and proper at the appropriate time

I hope City don't end up with a transfer embargo next season

As Adrian Durham said on talksport, surely the 'football family' can pay the fee. It's less than 1 million per premier League team! Scudamore got 250k from each team for doing F all!!

Nante knew city was withholding the money and it's only the 1st payment due! They must be desperate for the money to ask for it now in middle of retrieving body ? No danger of embargo or the like as sure city will pay despite their reservations and if are forced to.

The family will get his life insurance rightly so.
Nantes will be paid by Cardiff rightly so.
Bordeaux will be paid by Nantes rightly so.
The agent will take his cut as agreed legally.
Cardiff will Sue the plane company or the agent, for their money. If it’s the agent as he arranged the travel, then the agent will sue the plane companies insurance company, which will most likely be Lloyd’s of London.

Money money money.......

Just said on sky sports news breaking news cardiff city football club has refused while the investigation is on.

The family will get his life insurance rightly so.
Nantes will be paid by Cardiff rightly so.
Bordeaux will be paid by Nantes rightly so.
The agent will take his cut as agreed legally.
Cardiff will Sue the plane company or the agent, for their money. If it’s the agent as he arranged the travel, then the agent will sue the plane companies insurance company, which will most likely be Lloyd’s of London.

Lloyd are underwriters, not an insurance company.

Just said on sky sports news breaking news cardiff city football club has refused while the investigation is on.

Sounds like a transfer embargo would be almost inevitable if we don’t pay.

I heard a rumour that the Premier League themselves may insure players who die, could possibly be a way out of this.

Just said on sky sports news breaking news cardiff city football club has refused while the investigation is on.

I honestly think they should withhold the money untill the wreckage is recovered , after all the day he died he was at Nantes training ground and refused a commercial flight from cardiff ,what i dont get is the involvement of all the different agents if McKay did book the flight and he was as reported paid by Nantes chairman and was employed to find a buyer for sala , then question have to be asked as Nantes and the agent could be negligent,would you pay 15 million out ?

Just said on sky sports news breaking news cardiff city football club has refused while the investigation is on.

Sounds like a transfer embargo would be almost inevitable if we don’t pay.

I heard a rumour that the Premier League themselves may insure players who die, could possibly be a way out of this.

I was trying to find out about that a few days ago but it's a grey area and not sure if it's ever been claimed In the circumstances if true

Dunno why people are surprised we have not paid. Im pretty sure Cardiff have spoken to Nantes and told them they won't be paid until its determined what's happened.

If Cardiff can pay it via insurance then that's what they will do. But of course there has to be an investigation first. Is he even be declared deceased?

You hope club will go as far as they can in refusing to pay but they don't take it as far as getting embargo? At end day it's got to be paid but whilst agree with stance it shouldn't be at any cost

It seems it's all going to get a bit nasty.

I keep telling people that this is going to be a long running legal and insurance free for all.

Unless all parties, ( and not all potential parties are even known yet ), can get together and reach an internationally binding Compromise Agreement, the litigation will go on for years or even decades.

Either way, no one is going to start making payments to each other until it's sorted out and everyone will be writing to each other demanding payments without really expecting to get what they've asked for , but more to establish their claims at the earliest possible time.

As for transfer embargoes, I'm not familiar with the standing of anyone to impose such measures , but I do know that it might amount to a Contempt of the Hight Court if anyone, ( a football organisation for example), were to pre empt Proceedings before the Court with such a measure. I don't think it would be difficult to obtain an Injunction from the High Court to prevent such a measure being implemented .
Similarly , any such quasi judicial decision by a football association would be open to Judicial Revue and if it was pre epting the outcome of ongoing Proceedings before the Chancery Division of the High Court, ( which it would ), then they'd be Ordered to desist.

In short, nothing for anyone to worry about and nothing anyone, no matter how learned, could predict the outcome of at this stage.

Just said on sky sports news breaking news cardiff city football club has refused while the investigation is on.

I honestly think they should withhold the money untill the wreckage is recovered , after all the day he died he was at Nantes training ground and refused a commercial flight from cardiff ,what i dont get is the involvement of all the different agents if McKay did book the flight and he was as reported paid by Nantes chairman and was employed to find a buyer for sala , then question have to be asked as Nantes and the agent could be negligent,would you pay 15 million out ?

I think we don't have much choice other than to honour the contract for the sale of player.
We then attempt to reclaim any monies through insurance.

Here we go then, it was only a matter of time before things got nasty.

Just said on sky sports news breaking news cardiff city football club has refused while the investigation is on.

I honestly think they should withhold the money untill the wreckage is recovered , after all the day he died he was at Nantes training ground and refused a commercial flight from cardiff ,what i dont get is the involvement of all the different agents if McKay did book the flight and he was as reported paid by Nantes chairman and was employed to find a buyer for sala , then question have to be asked as Nantes and the agent could be negligent,would you pay 15 million out ?

I think we don't have much choice other than to honour the contract for the sale of player.
We then attempt to reclaim any monies through insurance.

I tend to agree with you Gaynor

By the way, and it's not as simple as this I'm afraid ,because there will be endless counter arguments, a contract is in principle automatically void if some previously unknown factor which is beyond the control of either party comes into play which makes the contracts fulfilment impossible .

I'd guess that would be Cardiff's opening gambit, and I'd then predict that Nantes will argue that they could have controlled it by safeguarding the player better but were negligent in allowing him to fly on that plane, to which Cardiff will say that they had no reason to doubt the ooerators bone fides ....... And so it will go on and on an on...

Just said on sky sports news breaking news cardiff city football club has refused while the investigation is on.

I honestly think they should withhold the money untill the wreckage is recovered , after all the day he died he was at Nantes training ground and refused a commercial flight from cardiff ,what i dont get is the involvement of all the different agents if McKay did book the flight and he was as reported paid by Nantes chairman and was employed to find a buyer for sala , then question have to be asked as Nantes and the agent could be negligent,would you pay 15 million out ?

I think we don't have much choice other than to honour the contract for the sale of player.
We then attempt to reclaim any monies through insurance.

Not if McKay was on the payroll of Nantes which was already confirmed then could be a claim of negligence against them and the agent ,McKay organised the travel not cardiff

Legally , they’re right to do so sadly.

I keep telling people that this is going to be a long running legal and insurance free for all.

Unless all parties, ( and not all potential parties are even known yet ), can get together and reach an internationally binding Compromise Agreement, the litigation will go on for years or even decades.

Either way, no one is going to start making payments to each other until it's sorted out and everyone will be writing to each other demanding payments without really expecting to get what they've asked for , but more to establish their claims at the earliest possible time.

As for transfer embargoes, I'm not familiar with the standing of anyone to impose such measures , but I do know that it might amount to a Contempt of the Hight Court if anyone, ( a football organisation for example), were to pre empt Proceedings before the Court with such a measure. I don't think it would be difficult to obtain an Injunction from the High Court to prevent such a measure being implemented .
Similarly , any such quasi judicial decision by a football association would be open to Judicial Revue and if it was pre epting the outcome of ongoing Proceedings before the Chancery Division of the High Court, ( which it would ), then they'd be Ordered to desist.

In short, nothing for anyone to worry about and nothing anyone, no matter how learned, could predict the outcome of at this stage.

Embargo is the responsibility of uefa or fifa presumably that's where nante is goining! Many clubs been done this way by footballing authorities for clubs not keeping to transfer payments, suspect it's the arbitration for sport that will decide what's what eventually.... courts probably used to get money back with who's responsibility for the tragic circumstances if any blame is attached that is.

Any goodwill that had built up over the Sala tradagy head now been destroyed by Nantes ill-advised comments about money

Any goodwill that had built up over the Sala tradagy head now been destroyed by Nantes ill-advised comments about money

a contract is a contract. if you try to worm your way out of your obligations, it damages your credibility when dealing with clubs in the future. if we haven't paid with no apparent reason, then it makes the club look amateurish and petulant.

it is very poor from the club to delay payment if it is due. the contract should have been looked at by our lawyers as soon as the search was called off, so we know where we stand.

Found this on Facebook interesting

Not really sure how anyone could assess this flight to be anything other than 'commercial'. McKay was an agent in a significant commercial transaction where an asset under his control was purchased for £15m. Released emails from McKay to Sala affirm that his relationship was strictly professional- in fact he openly stated that there would be no personal relationship, in his words "just want to make money". As part of the commercial transaction, the asset had to be delivered to it's new facilities. His new employers offered a commercial flight. McKay arranged this alternative transportation. McKay has since said that he 'wished he'd told Sala he couldn't go that weekend'- therefore McKay has admitted to having sufficient control and authority over this asset. McKay had the responsibility of assuring the safe delivery of his asset. McKay did not choose an appropriate commercial operator- he instead selected a cheap alternative with no AOC.

The cheap alternative, working in a very casual and informal way then sub-contracted an even less adequate and less qualified individual. All of which is a bit smoke and mirrors. Dont try to pull the "he wasn't paid card". That's the way they've been trying to portray this since it happened. Dave Ibbotson was made to go out of his way to carry out this delivery. I've seen wingly being discussed as being marginal... but with wingly... generally the pilot is going to a specific location on a specific day anyway and is offering a lift for someone to help with fuel & landing costs etc. This is much different- Dave Ibbotson was sent to Nantes at short notice- significantly out of his way- to bring an asset back. Sala's delivery to Cardiff was due to, and a part of, the larger commercial transaction. Dave Henderson, if he has a trusted and longstanding arrangement with McKay will know that he would be fully compensated for his services- be it cash or other. Ibbotson I'm sure had the same expectation of payment for his services- whether the specific amount had been prior agreed or not. Even if he "owed a favour", it's still a commercial service, just as it would be if Ibbotson DJ'd for Henderson's wedding or serviced his boiler. Just because it may not be invoiced at arms length doesn't preclude it from being a commercial relationship. I'd say if the boiler leaked or caused an explosion or death, Ibbotson would have been brought to book and if at fault possibly prosecuted and lost his accreditation regardless of whether it was 'just a favour' or not.

In legal terms if I were Cardiff/Nantes- I'd be chasing McKay for the £15m. As far as the flight arrangements go, I'd say Henderson has a lot to answer for, in essence operating a commercial service without the appropriate licences and all the checks and balances that go with being a fully certified Air Operator. Again, this young lad was the asset, worth about 5 times the value of the plane when brand new. The only reason for his journey was for commercial purposes. There was no personal connection.

In terms of investigation, I'd imagine it crucial to recover the aircraft and as much evidence as they can find. Ibbotson's phone would be invaluable for the investigations. For example to see text messages and phone calls with Henderson and others during arrangements and on the day itself. Possible attempts to contact during the flight? At under 5,000 ft, signal would be available. We also know the unfortunate situation in which he was placed, he would have been very reluctant to relay problems to ATC fearing it may open up a can of worms, but did he attempt to contact others via his phone when in the air? Phone may also give info from skydemon or other apps.

Also, in terms of investigation, surely one of their initial tests would be the PIC's toxicology? Or even a post mortem to check if there was a sudden medical emergency that incapacitated the PIC? I would suggest that the AAIB investigation team would be very keen to recover the wreckage.

Another factor that I'm not sure has been mentioned, but would anyone think weight and CG might be an issue here? I've read that there were three failed take-off attempts but haven't seen any verification. Remember Sala was moving home, left his dog in kennels, how much did he bring with him for his move- was it everything and the kitchen sink? Significant weight, CG too far aft, with probable icing in IMC at night under the control of a PIC whose PPL stated that he was restricted to only VFR during the day?