Sala: Who would be liable for our losses - if relegated

Over the past few weeks, we have all discussed the various scenarios as to whether Cardiff should or should not pay the Sala Transfer Fee and, quite rightly, this is now in the hands of insurers and legal people.

I do want to throw another angle at this and one I am sure the club has considered.

It is a view I have only shared with one or two close friends and colleagues within the legal industry where I work.

Had we had both Sala and Niasse in our starting line-up, and with Zohore and Ward as a back-up, I am confident that side would have kept us 17th or above. So, if we do get relegated, the club will suffer financial loss.

Now here is the thing. If there is a causal link between us not being able to play Sala and us getting relegated (which I think there is) then we could be compensated, in the Civil Courts, from whoever caused his death.

A bit like a Car Accident. There are ongoing losses (eg Loss Of Earnings, Car Hire etc). This is no different but on a bigger scale.

Now here is the thing. Who could a Potential Defendant be:

1) Willie Mackay (Directly) - for organising Sala's fateful flight
2) Willie Mackay (Indirectly) - As acting as Employee, Servant or Agent for Nantes FC
3) Nantes FC - As they would be "Vicariously liable" for the actions of their agent
4) Ibbotsen himself - for either flying a plane in a negligent manner and/or without a licence
5) Air Traffic Control for allowing the flight to take off in the first place?

There are some legal technicalities as well. Let's say for example that Willie Mackay is prosecuted for allowing the flight in Criminal Proceedings and is subsequently found guilty. Then Section 11 of the Civil Evidence Act 1968 kicks in and he is automatically guilty in respect to civil proceedings - and therefore liable for the losses (from whoever) sustained. And if he was acting as Agent for Nantes - then Nantes become Vicariously liable for his actions and potentially responsible for any losses sustained.

Similarly if Ibbotsen is found responsible by the AAIB - a similar approach could occur. If Ibbotsen was flying on behalf of WM or Nantes FC either of those could become liable as an Employee Servant or Agent scenario.

So here is the thing. Nantes want £15m off us. What if we do get relegated and lose £50m or £100m as a result. Well I think they and/or WM (or indeed whoever is negligent in the death of Sala) could find themselves potentially liable to CCFC for those ongoing financial losses CCFC sustained - as a result of Sala's death and possibly subsequent relegation - and more to the point those Loss of Earnings Sala would have enjoyed (both footballing or otherwise) during the course of his lifetime.

Some may remember the death for golfer Payne Stewart in an air accident. His family sued, who they believed responsible, for $200m back in 2000 - a year after his death. Story below.

[url]https://www.aviationpros.com/home/news/10434718/jurors-clear-learjet-in-payne-stewart-plane-crash
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Now if WM was acting as Employee, Agent or Servant of Nantes FC, within this transfer and flight, then they may have a very big bill - if it is subsequently decided that Sala was our player and we get relegated.

Just some thoughts from a totally different angle......

Great point and it shows club right to withhold any money as paying out admits he was ours so lose legal options ! Unfortunately the investigation as got another 9 mnths to go so this is going to rumble on for several years i fear but it is what it is and club/fans need to leave it to lawyers rightly or wrongly as this situation is very common not unique to us... ...

Payne Stewarts family case was unsuccessful. They were sueing a multi million pound aircraft manufacturer claiming a defect with an aeroplane was the cause of death. Their target had money.

If we went sueing people saying the events were the reason for our relegation we would be a laughing stock.

We might as well blame a few referees for penalty decisions whilst we are at it.

Can we sue Bournemouth for signing Clyne, Liverpool for not letting us borrow Clyne or our transfer committee for not signing him sooner? Sue them all!!!!

The sue someone, blame someone else culture is bonkers.

And whilst we are at it can we sue some international managers for our injury list and blame that too.

Payne Stewarts family case was unsuccessful. They were sueing a multi million pound aircraft manufacturer claiming a defect with an aeroplane was the cause of death. Their target had money.

If we went sueing people saying the events were the reason for our relegation we would be a laughing stock.

We might as well blame a few referees for penalty decisions whilst we are at it.

Can we sue Bournemouth for signing Clyne, Liverpool for not letting us borrow Clyne or our transfer committee for not signing him sooner? Sue them all!!!!

The sue someone, blame someone else culture is bonkers.

And whilst we are at it can we sue some international managers for our injury list and blame that too.

Players on international duty are insured against injury so that clubs can claim wages while out injured...

Wages is one thing. I think the suggestion here is that we can sue who may or may not be found responsible for the sala flight for our financial loss should we be relegated.

All I can say is that I have discussed this with a very good Barrister friend of mine up here in Msnchester and he agrees that it is a very valid head of claim

All I can say is that I have discussed this with a very good Barrister friend of mine up here in Msnchester and he agrees that it is a very valid head of claim

All I can say is that I have discussed this with a very good Barrister friend of mine up here in Msnchester and he agrees that it is a very valid head of claim

Wages is one thing. I think the suggestion here is that we can sue who may or may not be found responsible for the sala flight for our financial loss should we be relegated.

Can never rule out any type of litigation? Only the experts in this affair will know if its possible

Sue away by all means.

Club will be a laughing stock if we are told to pay.

Ironically a certain Neil Warnock was Manager when Sheffield United were relegated on the last day of the season and Tevez scored for West Ham only for it to be adjudicated later that West Ham had broken rules on third party ownership and Tevez was ineligible.

https://www.google.com/url?sa=t&source= ... hZ&ampcf=1

No real justice as Sheffield United never returned to Premier League and West Ham are where West Ham are.

heard it all now..

how do you go about proving that a new signing would have prevented relegation. when every relegated team in the history of the premier league signed players to prevent them being relegated but failed..
of course we hoped he would hit the ground running and do just that.

but so did everyone who bought players to improve themselves..its football not science.

Can we sue OGS for being shite for us now he's as good as admitted it?

Can we sue OGS for being shite for us now he's as good as admitted it?

defo worth a shout.

what about a lawsuit against Gregs.? pretty sure a lean version of Tomlin might have helped this season..

Are you sure he’s a barrister and not a barista?

It is a horrific case, based on anecdotal nonsense that is impossible to prove.

Of course compounded by the fact the club are claiming he wasn’t even their player and never parted with the fee.