Wot No Compo

[pete 371]

Villa apparently think Paul Lamberts contract does not include any compensation for any club that encourages PL to breach his 12 month rolling contract.  This may or may not be the case but if Villa are encouraged to believe they have a case the contract must be ambiguous.  Contracts have to be drafted for certainty.  If no compensation is payable because of a badly drafted contract someone derves to go whether it be McNally for failing to advise the lawyers drafting the contract or the lawyers for failing to adhere to instructions.

 

This fiasco if it be such might lead you to question how watertight are every one elses contracts can they walk away for nothing.

 

Are we looking abroad to confuse foreigners with English Contract Law.

 

A Compo clause relatively simple to draft if you want to my assistance McNally just pm me I am not doing much at the moment, if I had omitted such a clause from a contract I would have been out of a job much sooner.

 

 

[City 2nd 193]

Just where has this information come from, who has said we are not getting compensation - it has been made quite clear that compensation is being negotiated, so where is it reported we are not? Your source please?

[Mahogany 0]

The problem isn''t that there wasn''t a compensation clause (no one has any idea about this as far as I am aware). The problem is that he had a clause in his contract that allowed him to talk to any Premiership team. We refused Villa''s approach so breached his contract. If that is true then the issue is whether the breach is serious enough to be considered constructive dismissal. My law degree was a few years ago so I can''t remember all the in and outs but basically if he can prove this then he is released from the contractual obligations he has with the club.

[Officer Tillys small Willies (Nigel,lappy) 0]

[quote user="Mahogany"]The problem isn''t that there wasn''t a compensation clause (no one has any idea about this as far as I am aware). The problem is that he had a clause in his contract that allowed him to talk to any Premiership team. We refused Villa''s approach so breached his contract. If that is true then the issue is whether the breach is serious enough to be considered constructive dismissal. My law degree was a few years ago so I can''t remember all the in and outs but basically if he can prove this then he is released from the contractual obligations he has with the club.[/quote] It would be pretty easy for Lamberts solicitors to say that he was refused the Villa interview because it was slapped all over the tv unfortunatly. But i cant believe Lamberts quite happy to sit back and watch ''''BIG CLUB'''' villa shafting us

[First Wizard 0]

If this is true,and the brum local press seem to think so, then it just shows Lambert''s utter contempt he had for our club and fans.

 

Well rid imo.

[Yellow Shirt 17]

Contracts are never as black and white as some people on here seem to think. There is usually a way to get around something if you are willing to risk courts making the decision... but that can bite much harder than the negotiated terms.

[Taxing 0]

[quote user="First Wizard"]

If this is true,and the brum local press seem to think so, then it just shows Lambert''s utter contempt he had for our club and fans.

 

Well rid imo.

[/quote]

"In Lambert we trust"

[First Wizard 0]

[quote user="Jack Slicer"][quote user="First Wizard"]

If this is true,and the brum local press seem to think so, then it just shows Lambert''s utter contempt he had for our club and fans.

 

Well rid imo.

[/quote] "In Lambert we trust"[/quote]

 

Lambert moved the goalposts smart arse............not I!

[chicken 0]

Read further into all of this. Going by any rag at this point, for fact, is futile.

The clubs are in ''discussion'' over compensation is what everyone including both clubs are saying. If Villa thought this other rumour to be the case they would be waiting for an appointment with a tribunal - like Norwich previously.

On top of that we refused them access to Lambert. They then spoke to him anyway. And this is where it differs greatly from the issue Colchester had with us. We never granted them permission to approach Lambert when it is clear this is what happened. Even if Lambert turned up saying he had resigned - they should have turned him away and spoken to Norwich over it first.

So there is an understanding that both clubs accept that there should be compensation.

Again the rumours about Villa having proposed £1million in compo but Norwich having rejected that as not enough, would also back this up even if the amount is inaccurate.

So forget the Villa trying to get him for free - if they believed that then they would go through tribunal which would only cost them legal fees.

[AndyCanary 0]

Villa want to pay as little as possible - Norwich want as much as possible..If Villa think there is an inkling of truth that PL could get out of his contract compensation free then they''ll cling onto that with all they''ve got. Not because they believe they won''t have to pay any compensation, but because it will help them bargaining.Imagine the scenario:Norwich want £5m Villa offer £2mvsNorwich want £5m Villa offer £0Which scenario do you think will have the better outcome for Villa?

[Branston Pickle 4,150]

I think that sounds far more likely - I can''t see Villa not paying anything, but they do have form in trying to find clauses/loopholes to avoid such things (see appointment of McLeish) which seems to be a bit removed from their view that they are a big club.

[PurpleCanary 6,386]

[quote user="chicken"]

Read further into all of this. Going by any rag at this point, for fact, is futile.

The clubs are in ''discussion'' over compensation is what everyone including both clubs are saying. If Villa thought this other rumour to be the case they would be waiting for an appointment with a tribunal - like Norwich previously.

On top of that we refused them access to Lambert. They then spoke to him anyway. And this is where it differs greatly from the issue Colchester had with us. We never granted them permission to approach Lambert when it is clear this is what happened. Even if Lambert turned up saying he had resigned - they should have turned him away and spoken to Norwich over it first.

So there is an understanding that both clubs accept that there should be compensation.

Again the rumours about Villa having proposed £1million in compo but Norwich having rejected that as not enough, would also back this up even if the amount is inaccurate.

So forget the Villa trying to get him for free - if they believed that then they would go through tribunal which would only cost them legal fees.

[/quote]

 

What do you base that on? All I have ever seen from NCFC was a statement that it wasn''t true that compensation had been agreed and that:

"We will continue to discuss this matter privately with Aston Villa."

That might mean the level of compensation but it doesn''t say so.. It might mean whether we get any compensation at all. I have no idea which is the case.

[morty 0]

Or maybe you actually know nothing concrete, the same as the rest of us?

[AJ 0]

I''m of the understanding that the only compensation being discussed is for the back room staff

[morty 0]

[quote user="AJ"]I''m of the understanding that the only compensation being discussed is for the back room staff[/quote]Seriously, you have no way of actually knowing that though, do you?None of us do or ever will.There will be a press statement saying "A sum has been agreed" and that will be it.

[Branston Pickle 4,150]

Quite probably, Morty - Villa fans will assume they paid nothing and we won''t ( until people pore over te accounts to prove one way or another).

[PurpleCanary 6,386]

[quote user="morty"][quote user="AJ"]I''m of the understanding that the only compensation being discussed is for the back room staff[/quote]

Seriously, you have no way of actually knowing that though, do you?

None of us do or ever will.

There will be a press statement saying "A sum has been agreed" and that will be it.
[/quote]

 

If any compensation is paid it should show up eventually in the Aston Villa accounts, either as a post-balance sheet item for the 2012 financial year or in the 2013 accounts. And it might show up in the NCFC accounts as an exceptional item.

[morty 0]

[quote user="PurpleCanary"]

[quote user="morty"][quote user="AJ"]I''m of the understanding that the only compensation being discussed is for the back room staff[/quote]Seriously, you have no way of actually knowing that though, do you?None of us do or ever will.There will be a press statement saying "A sum has been agreed" and that will be it.[/quote]

 

If any compensation is paid it should show up eventually in the Aston Villa accounts, either as a post-balance sheet item for the 2012 financial year or in the 2013 accounts. And it might show up in the NCFC accounts as an exceptional item.

[/quote]I await a full report from the fag packet accountants[;)]

[Branston Pickle 4,150]

Just what I was saying, chances are none of us will know until Accounts are issued. Obviously if everything is working out ok neither set of supporters will be that bothered by then, but not if they aren''t!

[PurpleCanary 6,386]

[quote user="morty"][quote user="PurpleCanary"]

[quote user="morty"][quote user="AJ"]I''m of the understanding that the only compensation being discussed is for the back room staff[/quote]

Seriously, you have no way of actually knowing that though, do you?

None of us do or ever will.

There will be a press statement saying "A sum has been agreed" and that will be it.
[/quote]

 

If any compensation is paid it should show up eventually in the Aston Villa accounts, either as a post-balance sheet item for the 2012 financial year or in the 2013 accounts. And it might show up in the NCFC accounts as an exceptional item.

[/quote]

I await a full report from the fag packet accountants[;)]
[/quote]

 

Some of us do it on the back of a Cuban cigar box...[:D]

[morty 0]

[quote user="PurpleCanary"][quote user="morty"][quote user="PurpleCanary"]

[quote user="morty"][quote user="AJ"]I''m of the understanding that the only compensation being discussed is for the back room staff[/quote]Seriously, you have no way of actually knowing that though, do you?None of us do or ever will.There will be a press statement saying "A sum has been agreed" and that will be it.[/quote]

 

If any compensation is paid it should show up eventually in the Aston Villa accounts, either as a post-balance sheet item for the 2012 financial year or in the 2013 accounts. And it might show up in the NCFC accounts as an exceptional item.

[/quote]I await a full report from the fag packet accountants[;)][/quote]

 

Some of us do it on the back of a Cuban cigar box...[:D]

[/quote]Ooh, get you lol!!

[AndyCanary 0]

[quote user="morty"][quote user="AJ"]I''m of the understanding that the only compensation being discussed is for the back room staff[/quote]Seriously, you have no way of actually knowing that though, do you?None of us do or ever will.There will be a press statement saying "A sum has been agreed" and that will be it.[/quote]Morty on the money (again).

[AJ 0]

I do know, and it''s come from the Villa end

Press conference at Villa tmrw at 1pm to unveil Lambert and no doubt discuss back room staff changes etc

There''s another Norwich/Villa story about to break too

Well, ex Villa as he''s just left but could be on his way East according to my source

[Mr. Bump 0]

[quote user="AJ"]I do know, and it''s come from the Villa end

Press conference at Villa tmrw at 1pm to unveil Lambert and no doubt discuss back room staff changes etc

There''s another Norwich/Villa story about to break too

Well, ex Villa as he''s just left but could be on his way East according to my source[/quote]Alex McLeish our new manager?

[Cambridgeyellow 0]

Would that be Mr McCarthy AJ ?

[green boy 0]

Hi first timer so please be gentle on the subject of lambert i can''t believe that he hasn''t tried to do his best for ncfc.After all he has said about how great we are he has tried to shaft the club that took him to there hearts.

[The ambassador 0]

Wheres BW when you need him? Always as reliable as a Robin reliant....

[Branston Pickle 4,150]

Who has been released by Villa? Heskey and Cuellar were the best, wouldn''t mind the latter of those.

[AJ 0]

Breathe easy not McLeish !

A striker, although I''d like to see what the trade description people make of that title ;)

[Ruddygore 0]

AJ - we haven''t got a manager at the mo - so who is spending the transfer budget and deciding on the team for next season?