Possible precedent for legal action?

FROM THE DCFC SITE

http://www.dublincityfc.net/forum/viewtopic.php?t=139

I know we almost certainly wouldn't pursue it, but for all those defending Roddy Collins (*spit*) on the basis that he hadn't signed a written contract at DC (like that absolves him of guilt...), consider the following. In 2002, South African rugby international Joel Stransky was awarded over £150,000 (plus costs) after Bristol Shoguns Rugby Club pulled out of a verbally-agreed deal with the player.

Reacting to the verdict, Stransky's solicitor said:

"This is a timely reminder for many people, particularly for those involved with "big names" that a verbal contract is as legally binding as a written contract. You don't need a piece of paper if you've shaken on it."

Full details here: http://www.cr-law.co.uk/news/viewarticle.asp?newsid=9

Thats all lovely and all but...you'd have to prove that both parties intended to be legally bound by this verbal 'contract'. Roddy went around tell people he was doing it for free, no contract etc.

Usually verbal contracts aint worth the paper they are written on

Lads-it might be bleak time for D.City but in the longer term, they're well rid of him, and in time will come to regard this as a good day for the club.

well when roddy took over dublin city himself and seery said in public that he was taking over till the end of the season thats a proven verbal contract is it not?

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Originally Posted by exile

well when roddy took over dublin city himself and seery said in public that he was taking over till the end of the season thats a proven verbal contract is it not?

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Collins has said it in the Star & on TV.

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Originally Posted by Ringo

Collins has said it in the Star & on TV.

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Didn't he also say he didn't have a contract, and didn't want one? Or around the when Carlisle were going on about the car and he said he didn't have a permenant job?

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Originally Posted by Ringo

FROM THE DCFC SITE

http://www.dublincityfc.net/forum/viewtopic.php?t=139

I know we almost certainly wouldn't pursue it, but for all those defending Roddy Collins (*spit*) on the basis that he hadn't signed a written contract at DC (like that absolves him of guilt...), consider the following. In 2002, South African rugby international Joel Stransky was awarded over £150,000 (plus costs) after Bristol Shoguns Rugby Club pulled out of a verbally-agreed deal with the player.

Reacting to the verdict, Stransky's solicitor said:

"This is a timely reminder for many people, particularly for those involved with "big names" that a verbal contract is as legally binding as a written contract. You don't need a piece of paper if you've shaken on it."

Full details here: http://www.cr-law.co.uk/news/viewarticle.asp?newsid=9

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this is not the UK and unless this case was proven under European law the case has no baring in this jurisdiction. unless rody was paid by DC and pay slips or prove of payment can be produced nothing can be done as he was working on a voulenter basis.

BUT as macy pointed out rody said what suited him when the timing was right, i think DC should count themselves lucky they got rid of him and should start planning for gettin back into the premier division.

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Originally Posted by max power

this is not the UK and unless this case was proven under European law the case has no baring in this jurisdiction. .

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considering the vast majority of our laws are old British ones, there might well be a baring in this jurisdiction

sorry but not at all, we live in a differnet society and if u walked into a court in ireland and quoted that case to a judge he would throw u out on ur ear, as i said unless it is european law it has no power in this country.

all the points conor made above are correct.

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Originally Posted by max power

sorry but not at all, we live in a differnet society and if u walked into a court in ireland and quoted that case to a judge he would throw u out on ur ear, as i said unless it is european law it has no power in this country.

all the points conor made above are correct.

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You would not necessarily use that case, but use the reasoning behind it. And as most of our laws are pre-independence, you might have a valid argument

i take it u would be dealing with the law of tort and basic contract law but also would would have a croos over in to employment law as well. as employment law in ireland is mostly post indpendence and there is a european standard we must ad here to, the european sitution would be the most important area to look into.

There is an issue for Seery if he was paying Roddy under the counter and not deducting PAYE or PRSI which he should have been doing as Roddy was not operating on a contract basis. Perhaps this is the mysterious wrongdoing which Roddy was referring to in the radio debate. Seery would have to admit to operating a blackmarket operation employment wise, which might cause him a problem with Revenue Commissioners.

if roddy was working on a sub contract basis he would be laible for all tax and not DC, BUT that would have to be stated in the contract of service/employment which holds the key to all these arguments

Not tending to give any offence, but this is all just a load of academic legal masturbation.

Point of the matter is Roddy is gone, and CHF are well rid of him. If Seery plans to do anything he should do it now - although I suspect that if he has been advised he has any case at all, he'll wait to see how the season pans out for his team first of all. Which would be no better than Roddy's action....

And if CHF have no case at all, then they should just get on with it and stop crying. Simple as that.

I'm tired of listening to a club who were fecked anyway moaning on as if Roddy leaving is the only thing that has doomed them. Dry your eyes and get on with the game of football....