Kyle Naughton

[bluebloodinmyveins]

And is having someone by the "balls" a legal term?

Where do you practice, and do you practice "tort"?

You know very well its a legal term

No i dont practice tort. It does not stop me knowing a little about it though.
I used to practice in Belfast. I retired last year at the age of 36.

 

[Nebbiolo]

Could you just confirm that I'm not talking out of my arse

In the sense that you haven't the slightest idea on whether SU have a decent legal position regarding this, you are. As far as I can see, your whole position is based on it being too much hassle for Everton to make any type of legal challenge to this. On the other hand, the other fella (blueblood the solicitor) seems to think that Everton have SU by the balls, which must mean the club could, imminently, mount a legal challenge regarding this whole sorry affair. So one of you is wrong, or both of you are wrong.

My position is simple, and although I might be wrong about what tort is, I simply maintain that SU have probably taken legal advice from a first-class firm, and now are assured that they are not acting outside of the law.

Quite simple really.

 

[Nebbiolo]

You know very well its a legal term

No i dont practice tort. It does not stop me knowing a little about it though.
I used to practice in Belfast. I retired last year at the age of 36.

aplologies for the sarcy comment earlier, then.

 

[bluebloodinmyveins]

aplologies for the sarcy comment earlier, then.

Doesn't bother me in the slightest.
You get used to "sarcy" comments, dealing with the kind of people i used to deal with. It was the death threats that used to piss me off

 

[Goat]

I'm betting on Neb to tie this Lordy feller up in knots of his own contradiction. Lordy is all legalise jargon that looks a bit "two series of Rumpole-ish"; Neb will wear the lad down. You wait and see.

I dont know you know, Neb is fighting in a higher weight class here, the uppercut could come from anywhere. Its gonna go to the wire I think.

 

[Nebbiolo]

Doesn't bother me in the slightest.
You get used to "sarcy" comments, dealing with the kind of people i used to deal with. It was the death threats that used to piss me off

Hmm. Criminal law was your thing, then. And in Belfast. Tough. A friend practiced in Glasgow. She felt similarly.

 

[lordyefc]

In the sense that you haven't the slightest idea on whether SU have a decent legal position regarding this, you are. As far as I can see, your whole position is based on it being too much hassle for Everton to make any type of legal challenge to this.

OK, to summarise my points:

- Everton have the legal right to enforce the agreement - that's basic tort law, and blueblood and I are in total agreement;
- However, in practice it will take time to enforce it; that's bad because Everton want Naughton for preseason, they have to sign him before transfer deadline day, and the player may decide not to wait and sign for Spurs instead;
- Sheff Utd may be banking on us not willing to wait;
- Sheff Utd penalties, should Everton call their bluff, are actually very small (practically non-existant) compared to the potential benefits if Everton cave or if Naughton signs for Spurs. The FA doesn't fine clubs unless the evidence is 100% clear that they obviously dishonestly broke the law, and the court is in no position to award damages.

If time were no object for clubs or the player, we'd have them by the balls. Sadly that's not the case.

My position is simple, and although I might be wrong about what tort is, I simply maintain that SU has pobably taken legal advice from a first-class firm, and now are assured that they are not acting outside of the law.

Again, even if they know they are outside of the law, there's nothing really to stop them stalling, because there are no real penalties.

 

[bluebloodinmyveins]

In the sense that you haven't the slightest idea on whether SU have a decent legal position regarding this, you are. As far as I can see, your whole position is based on it being too much hassle for Everton to make any type of legal challenge to this. On the other hand, the other fella (blueblood the solicitor) seems to think that Everton have SU by the balls, which must mean the club could, imminently, mount a legal challenge regarding this whole sorry affair. So one of you is wrong, or both of you are wrong.

My position is simple, and although I might be wrong about what tort is, I simply maintain that SU have probably taken legal advice from a first-class firm, and now are assured that they are not acting outside of the law.

Quite simple really.

I would say the legal wrangling is what is holding any deal up.
If Naughton "wants" to come to us, he will come. He cannot be forced to sign for another club, just because his club have agreed a higher fee with another club. As far as i am aware, Naughton did not reject us. So Utd were not legally allowed to negotiate a higher fee with another club. The binding agreement should stand, unless the player rejects us.

 

[Nebbiolo]

OK, to summarise my points:

- Everton have the legal right to enforce the agreement - that's basic tort law, and blueblood and I are in total agreement;
- However, in practice it will take time to enforce it; that's bad because Everton want Naughton for preseason, they have to sign him before transfer deadline day, and the player may decide not to wait and sign for Spurs instead;
- Sheff Utd may be banking on us not willing to wait;
- Sheff Utd penalties, should Everton call their bluff, are actually very small (practically non-existant) compared to the potential benefits if Everton cave or if Naughton signs for Spurs. The FA doesn't fine clubs unless the evidence is 100% clear that they obviously dishonestly broke the law, and the court is in no position to award damages.

If time were no object for clubs or the player, we'd have them by the balls. Sadly that's not the case.



Again, even if they know they are outside of the law, there's nothing really to stop them stalling, because there are no real penalties.

Well we seem to be going over old ground here. But again, we've not established that there are not penalties. In fact, it seems to me that the potential penalties are obvious, and would no doubt be administered by the FA and the courts. I've explained above what they potentially are, so won't bother to do it again.

Additionally, the only solicitor on the forum has already asserted that [if the reality is how you believe it is] Everton have a strong position on this.

 

[Nebbiolo]

I would say the legal wrangling is what is holding any deal up.
If Naughton "wants" to come to us, he will come. He cannot be forced to sign for another club, just because his club have agreed a higher fee with another club. As far as i am aware, Naughton did not reject us. So Utd were not legally allowed to negotiate a higher fee with another club. The binding agreement should stand, unless the player rejects us.

What would happen should SU refuse to allow him access to talks with EFC?

 

[Goat]

You 2 better back away from my Neb before I end you. Clear???

 

[Nebbiolo]

You 2 better back away from my Neb before I end you. Clear???

Thanx, mate

But i am right anyway

 

[Goat]

Yes mate, your are. Always.

 

[bluebloodinmyveins]

What would happen should SU refuse to allow him access to talks with EFC?

As far as I'm aware, those talks have already taken place. Sheff Utd have allowed him to speak to us. However, they then agreed a "higher" fee after doing so. So like i said, unless Naughton rejects us, they would legally have to accept the original offer or go to court.

 

[Nebbiolo]

As far as I'm aware, those talks have already taken place. Sheff Utd have allowed him to speak to us. However, they then agreed a "higher" fee after doing so. So like i said, unless Naughton rejects us, they would legally have to accept the original offer or go to court.

Legally, you said Everton have them by the balls. So what would that mean in court? Lordy claims it means nothing and the law is effectively a toothless ass, which would be unable to help the blue cause. I claim that SU have engineered a way of getting out of it.