Legal battle with Nantes v Cardiff City update

From CCFC TRUST:

viewtopic.php?f=2&t=204226

13th December 2023


Cardiff City lodged a significant legal claim in the Nantes courts immediately following a decision of the Swiss Federal Tribunal in Spring, 2023, that ruled a compensation claim was a separate matter to the earlier FIFA decision that Emiliano Sala was the club's player.


The next stage in the legal action is that Cardiff City has until the end of January, 2024, to respond to Nantes' defence after which there will be a further procedural hearing to set court dates etc.I understand that the eventual court hearing later in 2024 (if not settled out of court beforehand) will be before three judges who will be experienced business people rather than solicitors.



viewtopic.php?f=2&t=204226



Cardiff City's Legal Battle With Nantes - Update




Following conversation with senior sources at Cardiff City FC, I am providing members with an update on the club's legal claim against FC Nantes relating to the tragic death of Emiliano Sala.

Cardiff City lodged a significant legal claim in the Nantes courts immediately following a decision of the Swiss Federal Tribunal in Spring, 2023, that ruled a compensation claim was a separate matter to the earlier FIFA decision that Emiliano Sala was the club's player.

The basis of the compensation claim is that, under French law, the actions of an agent appointed by Nantes are deemed to be those of FC Nantes, itself, and that those actions directly led to the tragic accident resulting in the death of our player.

The amount of the claim is both the full value of the transfer fee paid plus a compensation sum for the loss of Premier League status that in probability would not have occurred should Emiliano Sala have played for us and caused us to avoid relegation (this has been assessed by professional independent third parties). The claim, in total, is a huge one which forensic accountants are valuing.

A procedural hearing was held in France in June at which Nantes were required to file their defence by the end of November- they did so on the last day.

A large element of their defence appears to be that they don't recognise Willie McKay as their agent and instead dealt with a different company as agent (a "shell" company which lists its directors as Willie McKay's son and wife and which at the time had no trading records filed at Companies House).Reliable sources at Cardiff City have told me that the club has copious amounts of documents disproving Nantes defence.

The June hearing was reported in the French media at the time but appears to have been based on reports prepared by PR companies employed by Nantes.

The next stage in the legal action is that Cardiff City has until the end of January, 2024, to respond to Nantes' defence after which there will be a further procedural hearing to set court dates etc.I understand that the eventual court hearing later in 2024 (if not settled out of court beforehand) will be before three judges who will be experienced business people rather than solicitors.

I hope that this brief update provides Trust members and the wider fan base with an accurate picture of the current situation in this matter.

Keith Morgan

Chair
Cardiff City Supporters Trust

You do not have the required permissions to view the files attached to this post.

If the club really do have evidence that disproves Nantes’ claims, then I wouldn’t be surprised to see this settled outside of court.

Either way, seems like this will be finally resolved one way or the other next year.

I just feel sorry for Emiliano Sala’s friends and family through all this.

Are Nantes a rich club? If not, how much compensation could they pay before becoming bankrupt?

When it happened I always thought that a compromise between us and Nantes should have been possible and that everyone could have moved on. I think the money owed to Bordeaux complicated matters but it could have been resolved. I don't know to what extent any attempt was made to come to an agreement but i bet both parties now wish they had. This has been going on for almost 5 years

Are Nantes a rich club? If not, how much compensation could they pay before becoming bankrupt?

Are Nantes a rich club? If not, how much compensation could they pay before becoming bankrupt?

You're in danger of repeating yourself here...!

Not many French clubs are 'rich' but that shouldn't affect our claim, as FC of Nantes have seemingly been 'happy' to snub all mediation efforts to date in their quest for the Welsh coin...

Hopefully we get the money back we owed. Thank god the club’s management didn’t just lie down and write off. Big respect for the way they handling this matter. Shows how well our club being run in my limited view on things.

Hopefully we get the money back we owed. Thank god the club’s management didn’t just lie down and write off. Big respect for the way they handling this matter. Shows how well our club being run in my limited view on things.

Agree , any monies will go into our coffers .

I’m no expert but if we have got evidence that disproves Nantes claims then we could really have a decent case

Hopefully, Nantes will then settle out of court which is probably what should have happened in the first place

I just hope this can all be put to bed once and for all

RiP Emilio

I’m no expert but if we have got evidence that disproves Nantes claims then we could really have a decent case

Hopefully, Nantes will then settle out of court which is probably what should have happened in the first place

I just hope this can all be put to bed once and for all

RiP Emilio

He was there agent and he McKay openly admitted that in a statement after the crash , Nantes will be liable.

Are Nantes a rich club? If not, how much compensation could they pay before becoming bankrupt?

Won’t their insurers be paying ?

Are Nantes a rich club? If not, how much compensation could they pay before becoming bankrupt?

Won’t their insurers be paying ?

Not if they smell Ratatouille and can find a way not too; like ours tried...

Yes very unlikely Nantes will pay a penny (or a euro) as they will be insured for claims made against them.

If Nantes insurers believed they had a valid defence I am sure they would make an application to dismiss. The fact that they he not indicates to me that somewhere along the line they will seek to avoid a trial and make an offer of settlement

I hope we don’t settle and go to court so the world can see how Nantes have acted through out