Fri Apr 05, 2019 2:52 am
Fri Apr 05, 2019 5:43 am
Fri Apr 05, 2019 7:48 am
Fri Apr 05, 2019 8:08 am
Fri Apr 05, 2019 8:24 am
Fri Apr 05, 2019 8:58 am
Fri Apr 05, 2019 9:12 am
Sven wrote:Willie McKay's role in tragic Emiliano Sala transfer may have broken the law
By Ben Rumsby
Friday 5th April 2019
Willie McKay may have broken the law by helping broker Emiliano Sala’s tragic transfer to Cardiff City, The Telegraph can reveal.
The Insolvency Service has confirmed it is examining allegations McKay had breached a Bankruptcy Restriction Undertaking (BRU) forbidding him from managing or promoting a company without permission from Doncaster County Court.
Such as breach is punishable by up to two years in prison.
McKay signed a five-year BRU in August as a condition of being discharged from bankruptcy 3½ years after becoming insolvent with what can be revealed were unsecured liabilities of £5,679,746.
Following Sala’s death in a plane crash on Jan 21, McKay chose to reveal intimate details of his involvement in the striker’s move to the Premier League.
That included an email he sent to the player on Jan 6th, in which he appeared to promote enthusiastically the work of Mercato Sports, an agency set up in the names of his wife, Janis, and eldest son, Mark, a licensed agent.
He also said in various newspaper interviews that he had personally asked Nantes for the mandate to negotiate Sala’s transfer – which was ultimately issued in his son’s name – and had spoken to every Premier League club bar one about the striker, including phoning Cardiff about him every day for 10 or 15 days.
Asked whether this activity was compliant with the terms of his BRU, the Insolvency Service said it had already been “considering” evidence regarding McKay’s conduct, adding: “We cannot comment further as this may be tested in the courts.”
The Government agency did confirm, however, that it had received no notice of a court order granting him permission to manage or promote any company.
It also disclosed details of the bankruptcy order made against the Scot on March 30, 2015, including the revelation that he had disposed of more than £2m after being asked in June 2014 to pay HM Revenue & Customs almost half that figure.
It added: “The disposal of circa £2,079,790, included more than £610,000 spent on gambling, more than £420,000 withdrawn in cash and close to £100,000 spent on hotels, restaurants and entertaining expenses.”
McKay did not respond to requests for comment on his potential breach of a BRU or the revelations about his 2015 bankruptcy.
As revealed by The Telegraph, he is already under investigation by the Metropolitan Police and South Wales Police following a complaint by Cardiff that he threatened to “kill everyone” at the club and to “shoot the lot of you”.
Dorset Police are also assisting a probe into the plane crash that killed Sala, which McKay has admitted booking and paying for in what could be a breach of the Civil Aviation Act punishable by up to two years in prison.
McKay has denied threatening Cardiff officials and has repeatedly stated that Sala’s fatal flight was booked via Dave Henderson – an experienced light aircraft pilot who had flown him around Europe many times – and that he had no input into the selection of pilot or aircraft, neither of which were commercially licensed.
Henderson has yet to comment on any of McKay’s claims and attempts to reach him have been unsuccessful.
If McKay was found to have acted illegally during the Sala transfer, it would raise further questions over the decision by both Cardiff and Nantes to deal with the Scot given his bankruptcy already prevented him being a licensed agent.
It would also cast further doubt over the transfer’s legitimacy, which the Premier League club were already disputing having refused to pay the first instalment of his £15m transfer fee.
They had on Thursday night still received no response from Nantes to their request for a meeting to try to resolve their feud over who owned him when he was killed.
Cardiff could yet launch a vicarious negligence claim against the French club over the death of Sala, something they were exploring even before it emerged on Saturday that the pilot of the plane carrying him had been colour blind and not qualified to fly at night.
The contract between Nantes and Mark McKay was still in force at the time and Article 1242 of the French Civil code states: “We are liable not only for the damage we cause by our own actions, but also for the damage caused by the actions of the people for whom we are responsible, or the things we have in our custody.”
Fri Apr 05, 2019 9:14 am
ccfcsince1962 wrote:Sven wrote:Willie McKay's role in tragic Emiliano Sala transfer may have broken the law
By Ben Rumsby
Friday 5th April 2019
Willie McKay may have broken the law by helping broker Emiliano Sala’s tragic transfer to Cardiff City, The Telegraph can reveal.
The Insolvency Service has confirmed it is examining allegations McKay had breached a Bankruptcy Restriction Undertaking (BRU) forbidding him from managing or promoting a company without permission from Doncaster County Court.
Such as breach is punishable by up to two years in prison.
McKay signed a five-year BRU in August as a condition of being discharged from bankruptcy 3½ years after becoming insolvent with what can be revealed were unsecured liabilities of £5,679,746.
Following Sala’s death in a plane crash on Jan 21, McKay chose to reveal intimate details of his involvement in the striker’s move to the Premier League.
That included an email he sent to the player on Jan 6th, in which he appeared to promote enthusiastically the work of Mercato Sports, an agency set up in the names of his wife, Janis, and eldest son, Mark, a licensed agent.
He also said in various newspaper interviews that he had personally asked Nantes for the mandate to negotiate Sala’s transfer – which was ultimately issued in his son’s name – and had spoken to every Premier League club bar one about the striker, including phoning Cardiff about him every day for 10 or 15 days.
Asked whether this activity was compliant with the terms of his BRU, the Insolvency Service said it had already been “considering” evidence regarding McKay’s conduct, adding: “We cannot comment further as this may be tested in the courts.”
The Government agency did confirm, however, that it had received no notice of a court order granting him permission to manage or promote any company.
It also disclosed details of the bankruptcy order made against the Scot on March 30, 2015, including the revelation that he had disposed of more than £2m after being asked in June 2014 to pay HM Revenue & Customs almost half that figure.
It added: “The disposal of circa £2,079,790, included more than £610,000 spent on gambling, more than £420,000 withdrawn in cash and close to £100,000 spent on hotels, restaurants and entertaining expenses.”
McKay did not respond to requests for comment on his potential breach of a BRU or the revelations about his 2015 bankruptcy.
As revealed by The Telegraph, he is already under investigation by the Metropolitan Police and South Wales Police following a complaint by Cardiff that he threatened to “kill everyone” at the club and to “shoot the lot of you”.
Dorset Police are also assisting a probe into the plane crash that killed Sala, which McKay has admitted booking and paying for in what could be a breach of the Civil Aviation Act punishable by up to two years in prison.
McKay has denied threatening Cardiff officials and has repeatedly stated that Sala’s fatal flight was booked via Dave Henderson – an experienced light aircraft pilot who had flown him around Europe many times – and that he had no input into the selection of pilot or aircraft, neither of which were commercially licensed.
Henderson has yet to comment on any of McKay’s claims and attempts to reach him have been unsuccessful.
If McKay was found to have acted illegally during the Sala transfer, it would raise further questions over the decision by both Cardiff and Nantes to deal with the Scot given his bankruptcy already prevented him being a licensed agent.
It would also cast further doubt over the transfer’s legitimacy, which the Premier League club were already disputing having refused to pay the first instalment of his £15m transfer fee.
They had on Thursday night still received no response from Nantes to their request for a meeting to try to resolve their feud over who owned him when he was killed.
Cardiff could yet launch a vicarious negligence claim against the French club over the death of Sala, something they were exploring even before it emerged on Saturday that the pilot of the plane carrying him had been colour blind and not qualified to fly at night.
The contract between Nantes and Mark McKay was still in force at the time and Article 1242 of the French Civil code states: “We are liable not only for the damage we cause by our own actions, but also for the damage caused by the actions of the people for whom we are responsible, or the things we have in our custody.”
As you can see from my various posts over the weeks on this topic, this comes as no surprise to me. What is a development is that the Insolvency Service have now openly disclosed the reasons for giving a lengthy Bankruptcy Restriction to Willie McKay. This was available to see previously , but you needed to know where to look.
I am glad that they are now confirming that they are looking into his activities in clear breach of the sworn undertaking that he made last August and hope that they will use their powers to press ahead with criminal proceedings that arise from that breach.
Fri Apr 05, 2019 9:15 am
Forever Blue wrote:I have said for weeks Mckay should be interviewed by the police.
Fri Apr 05, 2019 9:20 am
fred keenor wrote:Did not risdale get around this by stating he was a consultant ?
Fri Apr 05, 2019 11:15 am
Fri Apr 05, 2019 11:28 am
Forever Blue wrote:I have said for weeks Mckay should be interviewed by the police.
Fri Apr 05, 2019 12:24 pm
Forever Blue wrote:ccfcsince1962 wrote:Sven wrote:Willie McKay's role in tragic Emiliano Sala transfer may have broken the law
By Ben Rumsby
Friday 5th April 2019
Willie McKay may have broken the law by helping broker Emiliano Sala’s tragic transfer to Cardiff City, The Telegraph can reveal.
The Insolvency Service has confirmed it is examining allegations McKay had breached a Bankruptcy Restriction Undertaking (BRU) forbidding him from managing or promoting a company without permission from Doncaster County Court.
Such as breach is punishable by up to two years in prison.
McKay signed a five-year BRU in August as a condition of being discharged from bankruptcy 3½ years after becoming insolvent with what can be revealed were unsecured liabilities of £5,679,746.
Following Sala’s death in a plane crash on Jan 21, McKay chose to reveal intimate details of his involvement in the striker’s move to the Premier League.
That included an email he sent to the player on Jan 6th, in which he appeared to promote enthusiastically the work of Mercato Sports, an agency set up in the names of his wife, Janis, and eldest son, Mark, a licensed agent.
He also said in various newspaper interviews that he had personally asked Nantes for the mandate to negotiate Sala’s transfer – which was ultimately issued in his son’s name – and had spoken to every Premier League club bar one about the striker, including phoning Cardiff about him every day for 10 or 15 days.
Asked whether this activity was compliant with the terms of his BRU, the Insolvency Service said it had already been “considering” evidence regarding McKay’s conduct, adding: “We cannot comment further as this may be tested in the courts.”
The Government agency did confirm, however, that it had received no notice of a court order granting him permission to manage or promote any company.
It also disclosed details of the bankruptcy order made against the Scot on March 30, 2015, including the revelation that he had disposed of more than £2m after being asked in June 2014 to pay HM Revenue & Customs almost half that figure.
It added: “The disposal of circa £2,079,790, included more than £610,000 spent on gambling, more than £420,000 withdrawn in cash and close to £100,000 spent on hotels, restaurants and entertaining expenses.”
McKay did not respond to requests for comment on his potential breach of a BRU or the revelations about his 2015 bankruptcy.
As revealed by The Telegraph, he is already under investigation by the Metropolitan Police and South Wales Police following a complaint by Cardiff that he threatened to “kill everyone” at the club and to “shoot the lot of you”.
Dorset Police are also assisting a probe into the plane crash that killed Sala, which McKay has admitted booking and paying for in what could be a breach of the Civil Aviation Act punishable by up to two years in prison.
McKay has denied threatening Cardiff officials and has repeatedly stated that Sala’s fatal flight was booked via Dave Henderson – an experienced light aircraft pilot who had flown him around Europe many times – and that he had no input into the selection of pilot or aircraft, neither of which were commercially licensed.
Henderson has yet to comment on any of McKay’s claims and attempts to reach him have been unsuccessful.
If McKay was found to have acted illegally during the Sala transfer, it would raise further questions over the decision by both Cardiff and Nantes to deal with the Scot given his bankruptcy already prevented him being a licensed agent.
It would also cast further doubt over the transfer’s legitimacy, which the Premier League club were already disputing having refused to pay the first instalment of his £15m transfer fee.
They had on Thursday night still received no response from Nantes to their request for a meeting to try to resolve their feud over who owned him when he was killed.
Cardiff could yet launch a vicarious negligence claim against the French club over the death of Sala, something they were exploring even before it emerged on Saturday that the pilot of the plane carrying him had been colour blind and not qualified to fly at night.
The contract between Nantes and Mark McKay was still in force at the time and Article 1242 of the French Civil code states: “We are liable not only for the damage we cause by our own actions, but also for the damage caused by the actions of the people for whom we are responsible, or the things we have in our custody.”
As you can see from my various posts over the weeks on this topic, this comes as no surprise to me. What is a development is that the Insolvency Service have now openly disclosed the reasons for giving a lengthy Bankruptcy Restriction to Willie McKay. This was available to see previously , but you needed to know where to look.
I am glad that they are now confirming that they are looking into his activities in clear breach of the sworn undertaking that he made last August and hope that they will use their powers to press ahead with criminal proceedings that arise from that breach.
Cheers Keith,
I always like to read your inputs![]()
Fri Apr 05, 2019 12:47 pm
Sven wrote:Forever Blue wrote:ccfcsince1962 wrote:Sven wrote:Willie McKay's role in tragic Emiliano Sala transfer may have broken the law
By Ben Rumsby
Friday 5th April 2019
Willie McKay may have broken the law by helping broker Emiliano Sala’s tragic transfer to Cardiff City, The Telegraph can reveal.
The Insolvency Service has confirmed it is examining allegations McKay had breached a Bankruptcy Restriction Undertaking (BRU) forbidding him from managing or promoting a company without permission from Doncaster County Court.
Such as breach is punishable by up to two years in prison.
McKay signed a five-year BRU in August as a condition of being discharged from bankruptcy 3½ years after becoming insolvent with what can be revealed were unsecured liabilities of £5,679,746.
Following Sala’s death in a plane crash on Jan 21, McKay chose to reveal intimate details of his involvement in the striker’s move to the Premier League.
That included an email he sent to the player on Jan 6th, in which he appeared to promote enthusiastically the work of Mercato Sports, an agency set up in the names of his wife, Janis, and eldest son, Mark, a licensed agent.
He also said in various newspaper interviews that he had personally asked Nantes for the mandate to negotiate Sala’s transfer – which was ultimately issued in his son’s name – and had spoken to every Premier League club bar one about the striker, including phoning Cardiff about him every day for 10 or 15 days.
Asked whether this activity was compliant with the terms of his BRU, the Insolvency Service said it had already been “considering” evidence regarding McKay’s conduct, adding: “We cannot comment further as this may be tested in the courts.”
The Government agency did confirm, however, that it had received no notice of a court order granting him permission to manage or promote any company.
It also disclosed details of the bankruptcy order made against the Scot on March 30, 2015, including the revelation that he had disposed of more than £2m after being asked in June 2014 to pay HM Revenue & Customs almost half that figure.
It added: “The disposal of circa £2,079,790, included more than £610,000 spent on gambling, more than £420,000 withdrawn in cash and close to £100,000 spent on hotels, restaurants and entertaining expenses.”
McKay did not respond to requests for comment on his potential breach of a BRU or the revelations about his 2015 bankruptcy.
As revealed by The Telegraph, he is already under investigation by the Metropolitan Police and South Wales Police following a complaint by Cardiff that he threatened to “kill everyone” at the club and to “shoot the lot of you”.
Dorset Police are also assisting a probe into the plane crash that killed Sala, which McKay has admitted booking and paying for in what could be a breach of the Civil Aviation Act punishable by up to two years in prison.
McKay has denied threatening Cardiff officials and has repeatedly stated that Sala’s fatal flight was booked via Dave Henderson – an experienced light aircraft pilot who had flown him around Europe many times – and that he had no input into the selection of pilot or aircraft, neither of which were commercially licensed.
Henderson has yet to comment on any of McKay’s claims and attempts to reach him have been unsuccessful.
If McKay was found to have acted illegally during the Sala transfer, it would raise further questions over the decision by both Cardiff and Nantes to deal with the Scot given his bankruptcy already prevented him being a licensed agent.
It would also cast further doubt over the transfer’s legitimacy, which the Premier League club were already disputing having refused to pay the first instalment of his £15m transfer fee.
They had on Thursday night still received no response from Nantes to their request for a meeting to try to resolve their feud over who owned him when he was killed.
Cardiff could yet launch a vicarious negligence claim against the French club over the death of Sala, something they were exploring even before it emerged on Saturday that the pilot of the plane carrying him had been colour blind and not qualified to fly at night.
The contract between Nantes and Mark McKay was still in force at the time and Article 1242 of the French Civil code states: “We are liable not only for the damage we cause by our own actions, but also for the damage caused by the actions of the people for whom we are responsible, or the things we have in our custody.”
As you can see from my various posts over the weeks on this topic, this comes as no surprise to me. What is a development is that the Insolvency Service have now openly disclosed the reasons for giving a lengthy Bankruptcy Restriction to Willie McKay. This was available to see previously , but you needed to know where to look.
I am glad that they are now confirming that they are looking into his activities in clear breach of the sworn undertaking that he made last August and hope that they will use their powers to press ahead with criminal proceedings that arise from that breach.
Cheers Keith,
I always like to read your inputs![]()
Agree. Thanks, Keith![]()
Fri Apr 05, 2019 2:46 pm
Fri Apr 05, 2019 5:13 pm
Fri Apr 05, 2019 6:25 pm
fred keenor wrote:Did not risdale get around this by stating he was a consultant ?
Fri Apr 05, 2019 6:26 pm
fred keenor wrote:Did not risdale get around this by stating he was a consultant ?
Sat Apr 06, 2019 8:57 am
Paul Keevil wrote:"Cardiff could yet launch a vicarious negligence claim against the French club over the death of Sala, something they were exploring even before it emerged on Saturday that the pilot of the plane carrying him had been colour blind and not qualified to fly at night"
I think this was something I referred to in an earlier post and, whilst I may have been shot down by some, I always felt that this maybe a potential outcome.
I believe Sala was our player. Had we had Sala up front with Niasse/Zohore I think we would have stayed up definately - so I am pleased the club are looking at the Vicarious Liability aspect of this.
Sat Apr 06, 2019 6:40 pm
Tony Blue Williams wrote:Paul Keevil wrote:"Cardiff could yet launch a vicarious negligence claim against the French club over the death of Sala, something they were exploring even before it emerged on Saturday that the pilot of the plane carrying him had been colour blind and not qualified to fly at night"
I think this was something I referred to in an earlier post and, whilst I may have been shot down by some, I always felt that this maybe a potential outcome.
I believe Sala was our player. Had we had Sala up front with Niasse/Zohore I think we would have stayed up definately - so I am pleased the club are looking at the Vicarious Liability aspect of this.
Therefore potentially our losses could be the difference between Premiership income and Championship income which must be tens of millions of pounds. At the very least we could be due the full £15m for the Sala transfer and compensation for damage to the club's reputation.
Sun Apr 07, 2019 9:38 am
Sun Apr 07, 2019 10:31 am
Paul Keevil wrote:Potentially yes.
Let me explain in a slightly different way.
Imagine you are a Taxi Driver whose car is involved in an accident. The insurers will not only pay for the damaged item itself (i.e. the car) but they will also pay for other losses associated to the accident (i.e. loss of earnings/loss of revenue).
The Sala incident is no different. Rightly or Wrongly it is a claimable loss. All it takes is for a Judge to be pursaded that there is a link between the accident and us being relegated. If he is pursuaded then yes Nantes/W.McKay/or whoever negligent will be responsible for the losses sustained.
The important thing here is that, in the Civil Courts, the burden of proof is lower than in the Crown Courts. In the Crown Courts you have to prove your case "Beyond reasonable doubt". In the Civil Courts its a matter of "On the balance of probabilities"
So the question has to be:
"On the balance of probabilities, if CCFC had a £15m striker playing up front alongside Niasse, would they have stayed up"
If, on the balance of probablities, the answer to that is yes - then potential loss of revenue claim could follow
Mon Apr 08, 2019 8:32 am
Paul Keevil wrote:Potentially yes.
Let me explain in a slightly different way.
Imagine you are a Taxi Driver whose car is involved in an accident. The insurers will not only pay for the damaged item itself (i.e. the car) but they will also pay for other losses associated to the accident (i.e. loss of earnings/loss of revenue).
The Sala incident is no different. Rightly or Wrongly it is a claimable loss. All it takes is for a Judge to be pursaded that there is a link between the accident and us being relegated. If he is pursuaded then yes Nantes/W.McKay/or whoever negligent will be responsible for the losses sustained.
The important thing here is that, in the Civil Courts, the burden of proof is lower than in the Crown Courts. In the Crown Courts you have to prove your case "Beyond reasonable doubt". In the Civil Courts its a matter of "On the balance of probabilities"
So the question has to be:
"On the balance of probabilities, if CCFC had a £15m striker playing up front alongside Niasse, would they have stayed up"
If, on the balance of probablities, the answer to that is yes - then potential loss of revenue claim could follow
Mon Apr 08, 2019 1:30 pm
dogfound wrote:fred keenor wrote:Did not risdale get around this by stating he was a consultant ?
yes your allowed to be a consultant or an advisor. so id assume unless his signature or name is on any of the documents to do with this transfer...that's what he will be calling his role..
authorities are obliged to look at it if its come to their attention via complaint.
Mon Apr 08, 2019 6:28 pm
ccfcsince1962 wrote:dogfound wrote:fred keenor wrote:Did not risdale get around this by stating he was a consultant ?
yes your allowed to be a consultant or an advisor. so id assume unless his signature or name is on any of the documents to do with this transfer...that's what he will be calling his role..
authorities are obliged to look at it if its come to their attention via complaint.
Willie McKay is not entitled to be a consultant or advisor under the terms of his Bankruptcy Restriction Undertaking.
He is not allowed to be involved in the management of any limited company and , from his own quotes , he clearly has been involved in the management of at least two companies , one owned by his son (which itself went into compulsory liquidation,and one owned by his wife and son jointly.
The above is why the Insolvency Service is investigating his conduct with a view to commencing criminal proceedings arising from his breach.
The Peter Ridsdale situation is different as he was never made personally bankrupt and was never subject to a BRU. His disqualification from being a director was looked into because of the role he took up at PNE but the authorities decided that there was a sufficient breach of his disqualification requirements to take the matter further.
Tue Apr 09, 2019 2:05 pm
dogfound wrote:ccfcsince1962 wrote:dogfound wrote:fred keenor wrote:Did not risdale get around this by stating he was a consultant ?
yes your allowed to be a consultant or an advisor. so id assume unless his signature or name is on any of the documents to do with this transfer...that's what he will be calling his role..
authorities are obliged to look at it if its come to their attention via complaint.
Willie McKay is not entitled to be a consultant or advisor under the terms of his Bankruptcy Restriction Undertaking.
He is not allowed to be involved in the management of any limited company and , from his own quotes , he clearly has been involved in the management of at least two companies , one owned by his son (which itself went into compulsory liquidation,and one owned by his wife and son jointly.
The above is why the Insolvency Service is investigating his conduct with a view to commencing criminal proceedings arising from his breach.
The Peter Ridsdale situation is different as he was never made personally bankrupt and was never subject to a BRU. His disqualification from being a director was looked into because of the role he took up at PNE but the authorities decided that there was a sufficient breach of his disqualification requirements to take the matter further.
agree with most, not all ,of that.. but in the real world people continue to operate business through relatives all the time..and its not an easy prove either.
not sure what Ridsdale has to do with Willie Mckay either