paulh_85 wrote:Paul Keevil wrote:As I posted earlier in the year I think FINANCIALLY this is the best outcome for the club.
I think this decision could actually have the capacity to put Nantes out of business.
The reason being that if CAS viewed Emiliano as a Nantes player then:
a) We wouldnt have to pay the £15m fee but also
b) We would not be able to sue Nantes for Loss of Revenue
As it is
a) Yes we will have to pay £15m but its money we had put aside
b) But, and this is very important, we will now be able to sue Nantes for:
(i) £15m loss of asset
(ii) £200m (in region of) for Loss of Revenue as a result of being relegated and predominantly as a result of their Employee, Servant or Agent failing to protect an asset of CCFC which resulted in ongoing losses
There will be some who argue that how can we put our relegation down to ES death.
The case for CCFC will be that we were signing a player who, at the time of his death, was 2nd top goalscorer in the French League (Behind Mbappe) and his goals (for CCFC) would have taken us up the table - bearing in mind we only got relegated by 1 pt.
"On the balance of Probabilities" had we had the use of him I believe a Court would find that we would not have been relegated and thus not lost the revenue that we did.
Nantes could find themselves with £15m in their pocket but they could also find themselves being sued for £200m
That'll never happen though
This has a long way to go and I know that Mehmet is aware of some of the points I have raised in the post above.
The fact is that Nantes are Vicariously Liable for the actions of their Employee, Servant or Agent and CCFC can recover from Nantes any losses that have been sustained.
There is of course the £15m asset (and I do hate putting it like that because someone died - but in legal terms ....)
And the club is entitled to pursue recovery of losses that result.
The following data is from Companies House
Brighton were the side immediately above us that year and would be a good example to use to determine what would have happened had we stayed up.
2018/19 Brighton finished 17th - Turnover £147.9m Cardiff finished 18th - Turnover £122.5m
2019/20 Brighton finished 15th - Turnover £123.2m Cardiff = EFL - Turnover £44.9m (Difference £78.3m)
(Brighton stayed in Premier)
2020/21 Brighton finished 16th - Turnover £139.7m Cardiff = EFL - Turnover £55.1m (Difference £84.6m)
(Brighton stayed in Premier)
In 2018/19 Brighton were a club similar to us. We were seperated by 1 place in the Premier League and by 2 points. The Premier League turnovers were similar. Similar stadium and quality of playing staff (given league position)
Brighton continued to play in the Premier League for the following 2 years (3 once this years accounts are in) bringing in a turnover of £123m and £139m whereas, as a result of relegation, our turnover dropped to £44m and £55m
Lets be clear here. We have lost a lot of money. Had we been a Premier League side our Turnover would have been £150m more than it was over 2 years and probably £200-250m over a 3 year period.