Solomona settlement

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Re: Solomona settlement

Post by mart0042 » 24 Feb 2017, 11:12

I would imagine the settlement to be close to what we ask and include legal costs that are to the satisfaction of our legal team and that won't come out of our settlement figure.

The case is only adjourned, if no settlement, then we just go to court. It's that simple

We can drop certain parties from the claim and continue. We might agree a settlement with Sale but continue against the other parties. Sale may decide to settle for all parties. Who knows.

When it's over Cas will tell us but it's worth remembering that ds is gone and will get our owed 10k or 20 one way or another. Clarke is a snake and has one less club that will deal with him. I'm sure the rfl will deal with him, it's in their interest to prevent this happening again. Diamond will get his, probably the sack, and then we can send him some nice messages of support.

I don't think we'll find it the amount till the next autobiography is released. It is detrimental to our recruitment to tell clubs how much we can spend.

Also we'll have budgeted for Zak. We have players composing of contract to pay him and signing on fees saved from looking for someone else.

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Re: Solomona settlement

Post by Scoopage » 24 Feb 2017, 13:20

Le Van wrote:
jackknife wrote:
Le Van wrote:Don't forget that if we do get any cash settlement a fair chunk of it will be given to the Loiners for Zac and he won't come cheap.
I would have thought any price for zak would of been agreed already by both clubs.
A fee has already been agreed but it still needs paying when we get the dough from somewhere
Cas aren't going to agree a fee with Leeds with money we haven't got.the money must already be put aside and planned in for next season if Zak works out how everyone wants.

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Re: Solomona settlement

Post by HuddsTigers » 24 Feb 2017, 13:33

We've agreed a fee - doesn't mean we have to through with it.
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Re: Solomona settlement

Post by derbystiger » 24 Feb 2017, 13:56

Scoopage wrote:
Le Van wrote:
jackknife wrote:
Le Van wrote:Don't forget that if we do get any cash settlement a fair chunk of it will be given to the Loiners for Zac and he won't come cheap.
I would have thought any price for zak would of been agreed already by both clubs.
A fee has already been agreed but it still needs paying when we get the dough from somewhere
Cas aren't going to agree a fee with Leeds with money we haven't got.the money must already be put aside and planned in for next season if Zak works out how everyone wants.
It was well documented that a fee was agreed at the time of the loan deal

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Re: Solomona settlement

Post by dettoriman » 24 Feb 2017, 15:51

The fee was thought to be £200k. The stalling was Leeds wanted 90k up front for the year. Don't know what it ended up been.

As said, the case is adjourned. I'm guessing Sale have been advised by their legal team that we hold all the cards here.

I'd pursue a settlement with Sale of £250k - The £200k they offered + £50k Compensation (Which they offered after signing)

I'd then pursue Solomona and Clarke separately, Solomona is likely to agree a settlement (Due to his inflated wage been able to cover it - Even if having to pay it over 2/3 years) and then hopefully expose Clarke and get him struck off by the RFL.

I said previous, if someone offered us 250k in December. We should snap their hands off and move on, our hands strengthened since then. I'd be aiming for a minimum of £350k. And put the extra towards recruiting a quality winger for next season, for when Monaghan retires.
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Re: Solomona settlement

Post by drleftie » 24 Feb 2017, 16:50

Exiled wrote:Bad move for RL in general if we settle this out of court. There would be nothing to stop another RU club doing the same thing. I was hoping we would win the case and set a precedent.
I agree but then if the RFL wanted us to fight for the sport in general they should have backed us with some financial support. They chose not to and we're on our own and there's no point us going in to a protracted legal case and being awarded £500k if the bulk of that then goes to our lawyers (whose hourly rate will no doubt be an eye watering amount)

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Re: Solomona settlement

Post by TheSheriff » 24 Feb 2017, 17:19

If Sale want to settle then it will be for closer to what Cas want than what they wanted to give originally for DS.

They aren't in any position to try and low ball etc etc, Cas have all the cards here and Sale know that. The offer will likely be 50k or less shy of what Cas were seeking in court.

Cas should be coming out of this with a MINIMUM of 450k from Sale and continue going for Clark and Solomona.

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Re: Solomona settlement

Post by JJ » 24 Feb 2017, 17:24

My understanding is that the RFL were providing some financial assistance but the extent of it has not been disclosed. As for legal fees these are paid by the loser as a rule if the matter proceeded to trial so if we were awarded £500k we would also be awarded our costs. That would not necessarily be the case if we settled where each party would generally pay their own although a Tomlin order (an order made by consent) can include provision for costs if agreed. The court fee for just for issuing a claim for £500k is £10k so you would expect us to want that back before we even consider an offer for damages

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Re: Solomona settlement

Post by Andymac » 24 Feb 2017, 18:49

Out of curiousity, why is everyone assuming it is Sale who are looking for a settlement? The case was brought by Cas, so this adjournment will have been brought by Cas. (I am not saying who is or isn't the most worried, just not as convinced as everyone else that it is Sale). I do not know who their legal counsel is but they have a senior partner of one of the biggest commercial law firms in the country on their BOD.

FWIW if we get offered the rumoured £300k they originally offered we should grab it!

I also guess that both clubs will want a NDA, but I cannot see how we could hide a cash input of 300k or above on annual accounts. That is a big whack to show as "other income" although they may be some way for Sale to pay that directly to Leeds for Zak or into the new stadium and the settlement amount would effectively be hidden.

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Re: Solomona settlement

Post by lurcher » 24 Feb 2017, 19:47

Andymac wrote:Out of curiousity, why is everyone assuming it is Sale who are looking for a settlement? The case was brought by Cas, so this adjournment will have been brought by Cas. (I am not saying who is or isn't the most worried, just not as convinced as everyone else that it is Sale). I do not know who their legal counsel is but they have a senior partner of one of the biggest commercial law firms in the country on their BOD.

FWIW if we get offered the rumoured £300k they originally offered we should grab it!

I also guess that both clubs will want a NDA, but I cannot see how we could hide a cash input of 300k or above on annual accounts. That is a big whack to show as "other income" although they may be some way for Sale to pay that directly to Leeds for Zak or into the new stadium and the settlement amount would effectively be hidden.
the way sale conduct themselves it will be used notes stuffed in a brown envelope.
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Re: Solomona settlement

Post by TT Tiger » 24 Feb 2017, 22:29

Andymac wrote:Out of curiousity, why is everyone assuming it is Sale who are looking for a settlement? The case was brought by Cas, so this adjournment will have been brought by Cas. (I am not saying who is or isn't the most worried, just not as convinced as everyone else that it is Sale). I do not know who their legal counsel is but they have a senior partner of one of the biggest commercial law firms in the country on their BOD.

FWIW if we get offered the rumoured £300k they originally offered we should grab it!

I also guess that both clubs will want a NDA, but I cannot see how we could hide a cash input of 300k or above on annual accounts. That is a big whack to show as "other income" although they may be some way for Sale to pay that directly to Leeds for Zak or into the new stadium and the settlement amount would effectively be hidden.
As someone who joined the forum the day after DS did not show up for training I find this a coincidence you decide this should be your first post alternate motive perhaps?

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Re: Solomona settlement

Post by St Albans tiger » 24 Feb 2017, 23:54

Although JMW are a large law firm in the north of England they are not one of the biggest commercial law firms in the country.

Further to this why should cas be concerned by this when to appear in the crown court you need to be a QC/ barrister not a solicitor. Being a partner in a commercial law firm has no bearing on this situation.

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Re: Solomona settlement

Post by Freeloader » 25 Feb 2017, 00:30

St Albans tiger wrote: Further to this why should cas be concerned by this when to appear in the crown court you need to be a QC/ barrister not a solicitor. Being a partner in a commercial law firm has no bearing on this situation.
It's in the High Court, surely :shock: :shock:
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Re: Solomona settlement

Post by Andymac » 25 Feb 2017, 01:25

TT Tiger wrote:
Andymac wrote:Out of curiousity, why is everyone assuming it is Sale who are looking for a settlement? The case was brought by Cas, so this adjournment will have been brought by Cas. (I am not saying who is or isn't the most worried, just not as convinced as everyone else that it is Sale). I do not know who their legal counsel is but they have a senior partner of one of the biggest commercial law firms in the country on their BOD.

FWIW if we get offered the rumoured £300k they originally offered we should grab it!

I also guess that both clubs will want a NDA, but I cannot see how we could hide a cash input of 300k or above on annual accounts. That is a big whack to show as "other income" although they may be some way for Sale to pay that directly to Leeds for Zak or into the new stadium and the settlement amount would effectively be hidden.
As someone who joined the forum the day after DS did not show up for training I find this a coincidence you decide this should be your first post alternate motive perhaps?
I have followed this forum for several years, and as Sherlock has deduced I joined about when the DS story started, but does that make my opinion any less valid?

Everyone on this forum is confident that SS are in the wrong and are so convinced of that, it means this suspension is SS have given up.

I asked a question why are we so confident? SS fans and forums have taken the opposite view, on that Cas legal team have threatened injunctions ( which have not happened) and after alot of public threats have got to the court date and then requested a suspension of the case they took. ( Suggesting it was alot of bluster with no merit and the bluff was called)

As I stated before there is an alternative narrative to that what most on this forum assume to be true.

And so there is no shadow of doubt. I believe SS have not acting well or in a sporting manner, RL needs to win this and also needs to close any loopholes in future contracts so this does not happen again. But I am not as convinced as some others that SS are going to end up paying £500k.

Cas need to get as much money as they can on negotiations and RFL needs to get a contract template in place for all clubs where this situation does not arise again.

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Re: Solomona settlement

Post by viva brad » 25 Feb 2017, 09:09

Andymac. We are all entitled to our opinions and ask questions and at times to play devils advocate just to make people think about another view point. You are quite right either party could have called for negotiation and i have heard that a judge can also suggest that the parties start negotiation purely on the basis that one of the parties has a very strong case and it would be foolish for the other party to peruse the case through the courts as they will lose and end up with a huge legal bill.

However various legal publications have stated the strength of Castlefords case so it would be fair to assume that once the barristers have sat down in the pre trial meeting and examined the points of the case that an out of court settlement would be the best course of action. Also just a little bit of food for thought RU is by far a richer sport than ours and if the legal advice was cas don't have a leg to stand on would Sale's legal team get round the table and negotiate and out of court settlement, probably not they have the backing to take it all the way to clear their name.

As I say this is a forum where we are all entitled to challenge a way of thinking providing we do it in the right way and respect the opinions of other

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Re: Solomona settlement

Post by Andymac » 25 Feb 2017, 09:56

viva brad wrote:Andymac. We are all entitled to our opinions and ask questions and at times to play devils advocate just to make people think about another view point. You are quite right either party could have called for negotiation and i have heard that a judge can also suggest that the parties start negotiation purely on the basis that one of the parties has a very strong case and it would be foolish for the other party to peruse the case through the courts as they will lose and end up with a huge legal bill.

However various legal publications have stated the strength of Castlefords case so it would be fair to assume that once the barristers have sat down in the pre trial meeting and examined the points of the case that an out of court settlement would be the best course of action. Also just a little bit of food for thought RU is by far a richer sport than ours and if the legal advice was cas don't have a leg to stand on would Sale's legal team get round the table and negotiate and out of court settlement, probably not they have the backing to take it all the way to clear their name.

As I say this is a forum where we are all entitled to challenge a way of thinking providing we do it in the right way and respect the opinions of other
Thank, despite what other may think I am just putting forward an alternative view. Alot of what you say makes sense, but I don't think it as as clean cut as others think - why else would we agree to enter settlement talks. As the party who took the case, it was entirely up to us to agree to enter negotiations or say nope we are confident in our case and will go to court to prove us and RL are the aggrieved party.

As you say, on the eve of the hearing the judge may have looked at it and told someone/both to save themselves money and go make an agreement as potentially neither side would get what they want ( is us want £500k, SS believe they owe nothing) and as many predicted within the next couple of months both will agree a figure somewhere in between.

Which leads me back to my point, if we can get the £300k that SS allegedly offered, we should take it and be done with it. The reality is that DS is not going to come back to RL anytime soon so the worst option would be if we win the case, SS had to pay 3 months of his £50k salary and we ended up having him back!

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Re: Solomona settlement

Post by TT Tiger » 25 Feb 2017, 11:24

If the rfl are bankrolling the court case they might have advised us to enter negotiations also, sale may have been advised by their legal representatives that they slim chance. If they are admitting guilt we would be foolish not to listen to what they say. Each day this goes on the legal fees on each side go up x £1000s so a speedy settlement is what is best for both parties money in the bank sooner the better that's what I say.

Ps andymac it just always gets me when someone's first post is negative. No offence meant.

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Re: Solomona settlement

Post by HuddsTigers » 25 Feb 2017, 17:49

Andymac wrote:
TT Tiger wrote:
Andymac wrote:Out of curiousity, why is everyone assuming it is Sale who are looking for a settlement? The case was brought by Cas, so this adjournment will have been brought by Cas. (I am not saying who is or isn't the most worried, just not as convinced as everyone else that it is Sale). I do not know who their legal counsel is but they have a senior partner of one of the biggest commercial law firms in the country on their BOD.

FWIW if we get offered the rumoured £300k they originally offered we should grab it!

I also guess that both clubs will want a NDA, but I cannot see how we could hide a cash input of 300k or above on annual accounts. That is a big whack to show as "other income" although they may be some way for Sale to pay that directly to Leeds for Zak or into the new stadium and the settlement amount would effectively be hidden.
As someone who joined the forum the day after DS did not show up for training I find this a coincidence you decide this should be your first post alternate motive perhaps?
I have followed this forum for several years, and as Sherlock has deduced I joined about when the DS story started, but does that make my opinion any less valid?

Everyone on this forum is confident that SS are in the wrong and are so convinced of that, it means this suspension is SS have given up.

I asked a question why are we so confident? SS fans and forums have taken the opposite view, on that Cas legal team have threatened injunctions ( which have not happened) and after alot of public threats have got to the court date and then requested a suspension of the case they took. ( Suggesting it was alot of bluster with no merit and the bluff was called)

As I stated before there is an alternative narrative to that what most on this forum assume to be true.

And so there is no shadow of doubt. I believe SS have not acting well or in a sporting manner, RL needs to win this and also needs to close any loopholes in future contracts so this does not happen again. But I am not as convinced as some others that SS are going to end up paying £500k.

Cas need to get as much money as they can on negotiations and RFL needs to get a contract template in place for all clubs where this situation does not arise again.

Pretty sure there was a statement from Cas, or some comment, stating that Cas never sought an injunction because they didn't want to disrupt Denny's life further.

On a side note, I hear what you are saying but Cas are extremely confident and I think they really do intend to see this through to the end.

Given Sale were eager to avoid court in the first place - evidenced by Diamond's email to Gilly - I would say there is more than enough reason to believe that they will be desperate to avoid court and a huge pay out.

Much easier to avoid the extra legal fees and settle for a lower amount if you can and negotiate.
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Re: Solomona settlement

Post by Classy B » 25 Feb 2017, 19:23

Andymac wrote:Out of curiousity, why is everyone assuming it is Sale who are looking for a settlement? The case was brought by Cas, so this adjournment will have been brought by Cas. (I am not saying who is or isn't the most worried, just not as convinced as everyone else that it is Sale). I do not know who their legal counsel is but they have a senior partner of one of the biggest commercial law firms in the country on their BOD.

FWIW if we get offered the rumoured £300k they originally offered we should grab it!

I also guess that both clubs will want a NDA, but I cannot see how we could hide a cash input of 300k or above on annual accounts. That is a big whack to show as "other income" although they may be some way for Sale to pay that directly to Leeds for Zak or into the new stadium and the settlement amount would effectively be hidden.
Hi Andymac,

I'm not sure if your post is serious or a whind up, but if you read any press article from respected media sources, you get the answer to all your questions, ie :- It is Cas who are seeking compensation from Sale and the case has been adjouned to see if sale can make an acceptable out of court offer. Furthermore Cas's legal team have publicly stated, that if the offer doe's not meet Castleford's satisfaction then it will return to court, with an provisional date been set for April.

In addition to this all the top legal experts ( in sports law ) who are not directly involved in the case, have all said the Cas have a very strong case.

Although the actual amount of compensation may not be made public, the details of who has compensated who will.

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Re: Solomona settlement

Post by Tigerade » 13 Feb 2018, 11:53

Andy Clarke cleared to fleece more clubs by the RFL. That took some time :-

https://www.wigantoday.net/sport/rugby- ... -1-9013363

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