Why does a Swiss court have the authority to say CAS has no authority? Seems barmy. Sadly that Cardiff’s ownership are still pursuing this nonsense isn’t surprising anymore. Feel sorry for their fans.
I still shake my head in disbelief that someone with a huge budget decided to charter a small aircraft that wasn’t fit to fly in freezing conditions? At the time of the accident Cardiff could have chartered a Boeing 737 for about £50,000 instead of that death trap.
"We shouldn't have to pay for Sala because he wasn't our player" "Our insurers owe us £10m because we lost our player" The mental gymnastics are staggering.
I remember them saying he could have flown commercial airlines to Amsterdam, then to Cardiff and got there 3 hours later. Madness.
My recollection is that modern jets were chartered for the formal signing activities. The tragedy occurred on a subsequent trip back to France by Sala to say his goodbyes and deal with domestic practicalities before moving. Scheduled flights were offered by the club for this but tragically alternative arrangements were made. By whom, on behalf of whom, is the crux of the potential negligence case. The club should have paid Nantes imo. There’s a guy on the AAMB site from a compensation legislation background who describes why he thinks the club have approached the legal cases in the manner they have. You don’t have to agree with it of course but worth a read if you’re at least interested in getting your head around what on earth they’re thinking.
Despite denying doing so. And that's it really, the best they can really argue is that it's the fault of an individual and make an individual liable. They aren't going to be able to pin this on Nantes as an entity. If Cardiff couldn't afford to sign him, then they shouldn't have signed him. It's as much as that, because that's what you agreed to pay for him. Also, something has to be said about all the spending Cardiff have done since agreeing to pay that for him. They've gambled money on getting back promoted, that should have been Nantes. They spent multiple millions on the likes of Robert Glatzel, Harry Wilson for a season and Aden Flint and it didn't pay off. It's about time they had some sort of consequence for that and paid what they agreed to. As well as that they've spent huge sums of money on legal fees, before we've even got to this civil case. Simply put it may have something to do with the argument changing, but the outcome of everything they've done being simply to avoid paying this transfer fee. It's a perfectly reasonable question. The fee will have been on the assumption that had Sala been alive, he would kept Cardiff in the Premier League. That isn't going to be much of an argument and they know that in truth.
CAS is based in Switzerland I believe. The Swiss courts have a supervisory jurisdiction over it on certain narrow grounds. It's the same with most arbitration institutions i.e. they are overseen by the courts of the place where they are based.
David Henderson, who was jailed for 18 months. Emiliano Sala: David Henderson jailed for organising flight - BBC News
Thanks, but not really what I mean. How did the player end up in the "care" of this one-man 'airline' rather than on a commercial flight in Business Class?
Not sure - seems an agent booked the flight and they went ahead with it even though Sala himself wasn’t sure about the plane . What happened to Emiliano Sala and what was the trial about? | Emiliano Sala | The Guardian
That's the question I'd like answered. Somebody somewhere must have said I can do it cheaper and called Henderson. There's a charter company based at Norwich airport that operates a lot of charter flights for football.clubs and would have been known to Cardiff City at the time. I know that they would have flown him safely for what would have amounted to less than one week's wages that Cardiff would have paid Sala. Incredibly sad and stupid at the same time..
So it would appear neither Cardiff City or Nantes were responsible for the tragedy, which begs the question why they don't just draw a line under the whole sorry matter and call it quits. Neither club have suffered losses comparable to Sala's family, why not just call it a sorry, tragic accident and both walk away?