Won’t any insurance be void anyway due to the dodgy pilot and plane?
Depends on the ts and cs of the policy.
Any sensible aviation insurer would accept the risk based on the plane being up to scratch and the pilot having enough experience - if someone has not told the truth along the way then chances are that the insurers won’t pay out.
The pilot was not qualified to fly at night under IFR (Instrument Flight Rules) so I would say as an insurer that is huge way out of not paying.
Bit like someone driving a vehicle without a license.
Have to say i don't see how Cardiff have much of a case here.
Cardiff City tried to take out £20 million in insurance on star player Emiliano Sala the morning after he was killed in a plane crash, a court heard - as the club sues insurers for £10 million damages.
Argentine striker Sala, 28, died in a private flight from France to Wales as he travelled to take up his new role with the club. But Cardiff failed to get cover for the star before his plane went down as he flew from Nantes, the insurance company revealed.
The football club - owned by Malaysian billionaire Vincent Tan - is suing insurance broker Miller Insurance LLP - claiming it owes more than £10 million in a High Court bid. The club claimed the firm failed to say players would not be covered if they were not 'timely informed' of new signings such as their new star striker.
But lawyers representing the brokers said it was not up to them to 'chase' club bosses over making sure new signings were insured and that City was 'fully aware' Sala was not covered.
Alistair Schaff KC told the High Court that Cardiff City contacted insurers regarding Sala on January 22, 2019 - the morning after his flight went missing off the coast of Alderney.
IAN HERBERT: Grubby, classless, the five-year legal battle over plane crash victim Emiliano Sala takes us into football's sewers... where players are pawns and chronically inept clubs desperately try to save cash
Club civil proceedings against Willie McKay, relating to legal action against FC Nantes, were due to be heard in Cardiff but have now been discontinued.
Consential losses which are presumably 'we think we'd have stayed up if he'd not died' - how that's a loss as a result of any legal liability on Nantes's part I haven't a clue.
Consential losses which are presumably 'we think we'd have stayed up if he'd not died' - how that's a loss as a result of any legal liability on Nantes's part I haven't a clue.
This is quite grotesque. Fairly sure Sala's family haven't received anything like £100m to cover the "consequential losses" of their son dying (not that you can put any price on that).
Not quite sure how much lower the sport can get with this new twist instigated by Cardiff. Obviously I don’t know all the minutiae of this transfer but what Cardiff City are pursuing seems to me to be pretty sordid. What happened with the tragedy of Sala’s death is a lesson to all businesses, not just football ones to make sure that their potential losses are covered by insurance once a deal is in progress. If anyone knows why I should feel anything but contempt for Cardiff here I’d be grateful.
Consential losses which are presumably 'we think we'd have stayed up if he'd not died' - how that's a loss as a result of any legal liability on Nantes's part I haven't a clue.
IIRC, the plane was arranged by an agent. It would depend on which party the agent was acting for as to whether Nantes may have some vicarious liability for the agent's actions. If he was acting for Nantes, they might have a case. Seems pretty thin though and definitely very scummy.
Consential losses which are presumably 'we think we'd have stayed up if he'd not died' - how that's a loss as a result of any legal liability on Nantes's part I haven't a clue.
IIRC, the plane was arranged by an agent. It would depend on which party the agent was acting for as to whether Nantes may have some vicarious liability for the agent's actions. If he was acting for Nantes, they might have a case. Seems pretty thin though and definitely very scummy.
Seems the French authorities are prosecuting Nantes owners for employing the agent as he wasn't an official agent and French law is pretty tough on such things. Apparently it also means that Nantes are legally responsible for anything the agent does regardless. That's what Cardiff are arguing. Definitely agree with your last sentence regardless.
Way out of my depth on this but surely the agent is employed by the player not either club. He acts in the interests of his client not for the club. Regardless of whether or where those interests overlap the agent still acts on the instruction of his client.
Way out of my depth on this but surely the agent is employed by the player not either club. He acts in the interests of his client not for the club. Regardless of whether or where those interests overlap the agent still acts on the instruction of his client.
My understanding is Nantes insisted on the McKays being involved in the deal. If that’s the case, they should be liable too.
Way out of my depth on this but surely the agent is employed by the player not either club. He acts in the interests of his client not for the club. Regardless of whether or where those interests overlap the agent still acts on the instruction of his client.
Here's how it goes. The agent normally acts for the player. But then when it comes to things like contract renegotiations or transfers an agent will often "suspend" their relationship with the player and then enter into another contract with the club to negotiate with the player on their behalf to agree terms, etc. Then when the deal is done the agent goes back to the previous arrangement of acting for the player.
So, here's the good bit, the agent gets paid by both the club and the player for effectively negotiating with himself. And quite possibly, when it comes to transfers, I wouldn't be surprised if the agent effectively gets paid by both the buying and selling club, as well as getting paid by the player both before and after the deal.
Clearly there is no conflict of interests here at all. No siree.
Everyone knows "how it works" because its been laid before various courts in the past. It's completely and utterly wrong on so many levels, but nobody seems to have the will to do anything about it. Football finances are a cess pit.
Comments
If the installments were due to be paid based on appearances/goals/whether he was contracted at Cardiff for the following seasons, it would be void.
Quite an interesting listen so far with a lot of focus on the background to the transfer.
The pilot of Emiliano Sala's plane told friends the aircraft was "dodgy" before the flight that killed the Argentine footballer, it can be revealed.
David Ibbotson is heard in exclusive audio obtained by the BBC saying "I'll be wearing my life jacket" on the journey from France to Wales.
He told a friend he heard a "bang" on a previous flight. The plane crashed into the English Channel in 2019.
https://www.bbc.co.uk/news/uk-wales-62594529
Bit like someone driving a vehicle without a license.
Emiliano Sala: 'A tragic plane crash; a stain on football's reputation'
https://www.bbc.co.uk/sport/football/63172547The English Football League has lifted the transfer embargo on Championship strugglers Cardiff City.
The move follows Cardiff paying the first instalment of the £15m transfer fee for striker Emiliano Sala, who died in a plane crash en route to joining the club in January 2019.
The Bluebirds are no longer on the EFL's list of embargoed clubs.
Global governing body Fifa has yet to confirm whether its separate embargo has also been lifted.
https://www.bbc.co.uk/sport/football/64236759
Cardiff City tried to take out £20 million in insurance on star player Emiliano Sala the morning after he was killed in a plane crash, a court heard - as the club sues insurers for £10 million damages.
Argentine striker Sala, 28, died in a private flight from France to Wales as he travelled to take up his new role with the club. But Cardiff failed to get cover for the star before his plane went down as he flew from Nantes, the insurance company revealed.
But lawyers representing the brokers said it was not up to them to 'chase' club bosses over making sure new signings were insured and that City was 'fully aware' Sala was not covered.
Alistair Schaff KC told the High Court that Cardiff City contacted insurers regarding Sala on January 22, 2019 - the morning after his flight went missing off the coast of Alderney.
IAN HERBERT: Grubby, classless, the five-year legal battle over plane crash victim Emiliano Sala takes us into football's sewers... where players are pawns and chronically inept clubs desperately try to save cash
https://www.dailymail.co.uk/sport/football/article-12997561/IAN-HERBERT-Emiliano-Sala.htmlCardiff City FC have reached an out-of-court deal with an agent over the release of documents and messages about the transfer of player Emiliano Sala.
The plane Sala was in from France crashed over the Channel in January 2019, killing him and the pilot.
Club civil proceedings against Willie McKay, relating to legal action against FC Nantes, were due to be heard in Cardiff but have now been discontinued.
https://www.bbc.co.uk/news/uk-wales-68235543
https://www.bbc.co.uk/sport/football/articles/ckmj4gedjr5o
Consential losses which are presumably 'we think we'd have stayed up if he'd not died' - how that's a loss as a result of any legal liability on Nantes's part I haven't a clue.
So, here's the good bit, the agent gets paid by both the club and the player for effectively negotiating with himself. And quite possibly, when it comes to transfers, I wouldn't be surprised if the agent effectively gets paid by both the buying and selling club, as well as getting paid by the player both before and after the deal.
Clearly there is no conflict of interests here at all. No siree.
Everyone knows "how it works" because its been laid before various courts in the past. It's completely and utterly wrong on so many levels, but nobody seems to have the will to do anything about it. Football finances are a cess pit.