Kyle Naughton

Status
Not open for further replies.
Ok, Matlock lerd.

What IF, it all goes Pete Tong and we go and buy Alves from Barca, could we claim the shortfall for the price of Naughton, compared to Alves from SU?
 

Nebbiolo said:
Well we seem to be going over old ground here.
Click to expand...
Hard to summarise without repeating yourself :)
Nebbiolo said:
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.
Click to expand...
Well you haven't shown anything on the courts, unless you are referring to your "Well the punitive punishment is returning £6m or so to Tottenham and accepting Everton's £4m.", which as I said isn't a motivating factor to accept Everton's offer because it isn't a punishment. The courts cannot award anything other than legal costs against Sheff.

I accept I haven't proven that the FA wouldn't impose a £10m fine, because there is no direct precedent. However, the FA have never fined clubs for probable offences, they only do so when it's totally clear that there has been an proveable offence. Just look at the history of fines that the FA has imposed, and find me one where the evidence wasn't totally clear cut. The burdon is just as much on you to prove that a fine is possible.

FA fines are generally quite small too - teams don't even get fined much for tapping up £20m players - so it's a very small chance of a small fine, well worth taking to try to get the extra £2m.

Nebbiolo said:
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.
Click to expand...

Right. As long as both Everton and the player see it through to conclusion, we are in a strong position. If the player gets nervous, and decides to sign for Spurs because it's not worth the hassle, we have no recourse.


Generally, your point seems to be that Sheff United wouldn't do anything unless they knew it was kosher. But clubs break the rules all the time - for example, teams poach contracted players and staff. They know they are breaking the rules, but they expect to get away with it often enough that the benefits outweigh the occasions where they get caught. If the only reason you are convinced that Everton don't have a legal position is that Sheff United tried it, that's a pretty weak argument.
 
Nebbiolo said:
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.
Click to expand...

I didn't say that. I'm saying that we would win EVENTUALLY. But it would obviously be preferable to have him for preseason tomorrow rather than have him show up on August 31.

In addition, there is always the chance that the player gets nervous. Spurs would try to convince him that the Everton thing might not happen. If the player decides he's better off signing for Spurs today rather than Everton at some unknown future date, we are finished.
 
lordyefc said:
Generally, your point seems to be that Sheff United wouldn't do anything unless they knew it was kosher. But clubs break the rules all the time - for example, teams poach contracted players and staff. They know they are breaking the rules, but they expect to get away with it often enough that the benefits outweigh the occasions where they get caught. If the only reason you are convinced that Everton don't have a legal position is that Sheff United tried it, that's a pretty weak argument.
Click to expand...

Hang on, I didn't say that. I said that I think SU are confident that they can lawfully wriggle out of what you claimed was a legal but effectively unenforceable obligation to Everton. You're changing my position to suit your argument.

And your last sentence doesn't make sense.
 
Nebbiolo said:
Hang on, I didn't say that. I said that I think SU are confident that they can lawfully wriggle out of what you claimed was a legal but effectively unenforceable obligation to Everton. You're changing my position to suit your argument.

And your last sentence doesn't make sense.
Click to expand...

You didn't say that, but it seems to be your implication. I apoligise and take it back if I'm wrong. But what basis do you have for thinking that SU are confident that they can lawfully wriggle out of this?

My last sentance was supposed to mean that if you only believe that SU think they can wriggle out of this because you believe that a club wouldn't take the risk, then that is a weak reason to beleive that, on the grounds that football clubs consistantly take positions they know to be against the rules if they think the benefits outweigh the negatives (e.g. tapping up). Given that, what evidence do we have that says SU think that this particular case is kosher?
 

Nebbiolo said:
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.
Click to expand...

We have an agreement which was broken. You cant get any clearer than that. (y)



I come on here to have a laugh, not go over legal stuff :lol:
 
lordyefc said:
You didn't say that, but it seems to be your implication. I apoligise and take it back if I'm wrong. But what basis do you have for thinking that SU are confident that they can lawfully wriggle out of this?
Click to expand...
Well I don't have a basis for thinking SU are confident of wriggling out of this. It was a guess based on the facts as I understand them to be. I've not represented myself as privvy to the information of SU's legal team. I simply stated that SU would no doubt be confident that they could deal with legal objections from Everton should this look like it would head to court. That was it, that was my position. You then started arguing against me.

My last sentance was supposed to mean that if you only believe that SU think they can wriggle out of this because you believe that a club wouldn't take the risk, then that is a weak reason to beleive that, on the grounds that football clubs consistantly take positions they know to be against the rules if they think the benefits outweigh the negatives (e.g. tapping up). Given that, what evidence do we have that says SU think that this particular case is kosher?
Click to expand...
I've already explained that you're mistaken if you think that I think a football club wouldn't take a calculated risk. I said that a club wouldn't take a risk if it was obviously illegal and to the detriment of that club. As explained, SU, assuming they have done what we're wasting hours on arguing about, presumably feel that a case can't be made against them.

bluebloodinmyveins said:
We have an agreement which was broken. You cant get any clearer than that. (y)



I come on here to have a laugh, not go over legal stuff :lol:
Click to expand...

Well yeah, we all know that. It was just that you said we had them by the balls. I wonder what that means. It is related to football.

But fair enough. I'm getting thoroughly fed up with this too. (y)
 

Off to bed, Lordy. But this thread is getting hijacked. So I suggest we take it to the Ale House or something, assuming you've got anything else to say. :)

Like we established, neither of us is expert in law, so we're in danger of boring the forum to tears.:lol:
 
bluebloodinmyveins said:
Storm out, it makes you look wayyyyyy cooler :lol:
Click to expand...

I'm fuming. An hour and a half ago I wanted to go to bed. We're an hour ahead of you lot as well. But that Lordy is like a terrier, he just won't stop. Made me lose my beauty sleep, and forced me to drink two extra glasses of wine! :lol:(y)

Good night!
 

Status
Not open for further replies.

Welcome

Join Grand Old Team to get involved in the Everton discussion. Signing up is quick, easy, and completely free.

Register

Shop

Back
Top