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  On 22/10/2023 at 18:09, Matt1892 said:


For example if he has a document that says he has been diagnosed with a gambling addiction and he has shared that with Milan before they decided to sell him.

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And what’s the legal process for obtaining that document in multi-jurisdictional litigation? Especially in a local court system which is monumentally corrupt? 

 

Let’s say we get past that, and Milan argue “as we were told it was a medical condition, we didn’t think it would result in a ban” - you’re back into trying to persuade a court as to their state of mind at the time. How do we get round that? What if they argue they thought the system in England was different re: betting bans?

 

Lastly, would there not be some mileage in Milan arguing that it’s up to NUFC to do adequate due diligence? 

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  On 22/10/2023 at 18:26, Theregulars said:

And what’s the legal process for obtaining that document in multi-jurisdictional litigation? Especially in a local court system which is monumentally corrupt? 

 

Let’s say we get past that, and Milan argue “as we were told it was a medical condition, we didn’t think it would result in a ban” - you’re back into trying to persuade a court as to their state of mind at the time. How do we get round that? What if they argue they thought the system in England was different re: betting bans?

 

Lastly, would there not be some mileage in Milan arguing that it’s up to NUFC to do adequate due diligence? 

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To elaborate on the above, the first port of call for the club would be speaking with Tonali to ask if Milan were aware and if they were, how were they made aware and how much did they know. From there the club will take legal advice to find out if they are in a position potentially take legal claim against them.

 

I would guess that from there it would go to the Court of Arbitration for Sport (CAS) who would hear both sides and issue a finding based on that, since it isn’t a criminal court then it will not need absolute proof, only reasonable belief when deciding the outcome.

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  On 22/10/2023 at 18:37, Theregulars said:

I don’t see it personally. I think it’s our problem to deal with. Perhaps we get some compensation from Milan but I’d be astounded.

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We might not and there might be no case at all; however you can bet that the club will be exploring the possibility and if there is a potential case that they will throw a lot of money at it. 

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  On 22/10/2023 at 18:40, Matt1892 said:


We might not and there might be no case at all; however you can bet that the club will be exploring the possibility and if there is a potential case that they will throw a lot of money at it. 

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I think they’d only throw money at it if there was a good prospect of success, which I don’t think there is. 

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  On 22/10/2023 at 18:45, Theregulars said:

I think they’d only throw money at it if there was a good prospect of success, which I don’t think there is. 

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Presuming any legal cost would exclude FFP then I can see PIF putting a lot of money in to it, you see big organisations do this as a tactic to intimidate those of a lesser financial position as part of the litigation process to come to a settlement.

 

I would also think that PIF would rely on the advice of its expert legal team on if it has reasonable prospects of being successful or not, rather than people on an internet forum who don’t have the full facts.

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The race thing shouldn't be an issue if its true, the lad was 10 years old ffs. Its obviously wrong but are we really, as adults, supposed to answer for stupid mistakes we made when we were that young? 

 

 

Edited by Decky

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  On 22/10/2023 at 18:52, Matt1892 said:


Presuming any legal cost would exclude FFP then I can see PIF putting a lot of money in to it, you see big organisations do this as a tactic to intimidate those of a lesser financial position as part of the litigation process to come to a settlement.

 

I would also think that PIF would rely on the advice of its expert legal team on if it has reasonable prospects of being successful or not, rather than people on an internet forum who don’t have the full facts.

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It’s unfair of me to withhold any longer that I’m a lawyer. I can’t see any prospect of a successful claim. 

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