Fenlon for Dundee United?

[osarusan]

Apparently in form of verbal contract but I understand this to be binding in law (unless Nutsey is denying it happened).

It's already been argued on here though that regardless of whether or not a verbal agreement is binding in law, it is specifically not allowed in the licencing process, where written agreements only are valid.

[marinobohs]

It's already been argued on here though that regardless of whether or not a verbal agreement is binding in law, it is specifically not allowed in the licencing process, where written agreements only are valid.

I doubt any breach of contract claim would be decided on by the FAI whatever about licencing provisions around finance they would not be able (or indeed want ) to tear up a contract between a club and a manager. Especially as Dundee appear to have made an illegal approach (Yes, I know it happens all the time) to fenlon in the first place.
I doubt it will come to that and expect the clubs to agree a figure somewhere between 50 - 100 K.(which in my view was all we could ever have expected) hopefully nearer 100K

[Jicked]

(2) thank you for your view and if Dundee Utd/ Nutsey wish to follow up on it I look forward to Bohs finally winning a court action (about time too). Lets not hold our breath on them taking your advice though.....

Erm, are you saying that Bohs would be able to overturn one of the fundamental provisions of contract law the world over, that consideration is required for a verbal agreement to be binding? (A bare verbal agreement isn't binding in law, despite what you said earlier)

I was asking what sort of consideration Bohs would have offered Fenlon for this new 'renegotiated' contract, which is where the rule in Pinnel's case may apply, i.e. that it was for satisfaction of a prior debt. If bohs didn't offer him any 'consideration', I can't see how that verbal agreement is in any way binding, meaning it would have been breach of contract not to to pay him as per the original deal.

So what sort of consideration could Bohs have offered him for that new deal, I'm not saying you'd know, but I can't even think of anything at all you could offer him in that situatino that would form adequate consideration from a legal p.o.v. And if so, what makes you think Bohs would win that case as you said in your last post?

[marinobohs]

From the bohs forum:


Looks like they have a new guy who has a clue. Wonder how long before this "members club" run him out like they did the last couple of intelligent individuals.

taking one post off a message board ! How wonderfully scientific and so typical of the shams. Show all the views expressed on the thread or don't bother.

PS so glad to see you have at least improved your sources

[Réiteoir]

Now, don't you feel better about settling down? Take another sip of blackcurrant tea. You have discarded the emotive, abusive labels. That's real progress.

My earlier post regarded the talk about a financial settlement. You have now clarified that 'Fenlon free to talk to anyone' you meant Bohemian FC gave Dundee Utd. to talk with Pat Fenlon. It's good you recognise that.

Your point about IT and Emmet Malone shows itself as just your own bias, once you've explained yourself I understand it as your own opinion.

The tennis reportage will continue....... take another sip now.

Can't we simply save everyone the bother and substitute the blackcurrant tea for some Kool-Aid?

[Doomofman]

Not far off finding out if he's going or not now... Will be done by 6 either way

[Jicked]

Latest word is that the deal is off because of Conway's ridiculous posturing, Dundee Utd saying they simply can't deal with Bohemians board

Fenlon understandably not too happy as Conway is shafting both Dundee Utd and Fenlon, he may well resign if the deal doesn't go through, leaving Bohs with no compensation and being without a manager. If he goes to Dundee Utd anyway expect a hilarious court case! Very funny stuff altogether

[Dunny]

Dundee United has decided not to pursue any further interest in Pat Fenlon as team manager due to the excessive compensation demand made by his club and an unwillingness to reduce this. We now consider the matter at an end and will pursue other options.

http://www.dundeeunitedfc.co.uk/inde...d=3389&cd=2010

[VinnyDCFC]

Dundee United has decided not to pursue any further interest in Pat Fenlon as team manager due to the excessive compensation demand made by his club and an unwillingness to reduce this. We now consider the matter at an end and will pursue other options.

Does that mean that Fenlon will resign over the weekend and Dundee Utd get him for nothing?

[Jicked]

Does that mean that Fenlon will resign over the weekend and Dundee Utd get him for nothing?

It may be so. I'd imagine Fenlon will be receiving a lot of legal advice from his own solicitor and no doubt from Dundee Utd's too. If he walks out on Bohs and takes up the Dundee Utd job on Monday morning then that leaves them open to a settlement, though that may be months/years down the line, and a more reasonable sum at tribunal than what that madman Conway is asking for. Amazing behaviour from Bohemians board yet again.

Oh and for those still suggesting Rovers forum spouts lies and doesn't have their sources etc, they broke the story about Fenlon's deal being off an hour and a half before Dundee Utd's official statement

[Doomofman]

http://www.dundeeunitedfc.co.uk/inde...d=3389&cd=2010

He's staying at Bohs

[Jicked]

Wow....and they say being obsessed with Bohs doesn't pay off.

They've broken the details of the deal all the way through on the Rovers MB, meanwhile Bohs fans (and even their board!) have seemed in the dark right the way through. Hopefully people wont be as quick to dismiss Rovers fans as being completely clueless when discussing Bohs and the SCP in future!

[Dalymountrower]

http://www.dundeeunitedfc.co.uk/inde...d=3389&cd=2010

He's staying at Bohs

Unlikely.

[Doomofman]

You reckon he'll just quit now?

[Jicked]

http://www.dundeeunitedfc.co.uk/inde...d=3389&cd=2010

He's staying at Bohs

Not necessarily, let's see how this one plays out over the weekend. Remember he openly flew back to have it out with Gerry Conway the other day, and the Rovers forum are reporting him as being furious at the way the deal broke down earlier today. Then there's the fact they have stood in the way of his career progression by asking for a completely ludicrous sum and showing how amateur they are in such negotiations. Would he still consider his position tenable?

[osarusan]

Not necessarily, let's see how this one plays out over the weekend. Remember he openly flew back to have it out with Gerry Conway the other day, and the Rovers forum are reporting him as being furious at the way the deal broke down earlier today. Then there's the fact they have stood in the way of his career progression by asking for a completely ludicrous sum and showing how amateur they are in such negotiations. Would he still consider his position tenable?

Given the compo negotiation, if Fenlon were to resign (as any manager can do at any time), is he free to just join Dundee? Or is only because of apparent breach of contract by Bohs?

[bluewhitearmy]

Couldn't Bohs turn down his resignation if he wanted to try that.

[SkStu]

here we go, three in a row!




for the squealing pigs on this messageboard, im joking - dont get your kaks in a twist...

[Jicked]

Given the compo negotiation, if Fenlon were to resign (as any manager can do at any time), is he free to just join Dundee? Or is only because of apparent breach of contract by Bohs?

Well you're not really free to resign at any time, it would have to be accepted by the Board, otherwise the manager is in breach of contract.

If this was an ordinary case Fenlon would resign, Bohs would refuse his resignation. He would walk anyway, and sign a new deal with Dundee Utd. Bohemians would sue Pat Fenlon/Dundee Utd, and be awarded a sum by a tribunal. The way I see it is that Bohs saw SFA paid DU £300k for Levein, and ludicrously based their negotiations around that thinking they too should be entitled to such a figure. I'd say a settlement would be nowhere near that sum, and would take a long time to come through, probably not ideal considering Bohemians financial, erm, 'predicaments'

IF however Bohs do owe money to Fenlon then they're in breach of his contract. He can then effectively rip up his contract and walk away for free (or sue for the money/breach). He'd then be free to join Dundee Utd and Bohemians would receive no compensation for him. Some Bohs fans seem to say that he is owed money, but that a verbal agreement was reached to deal with this. Despite what Bohs fans seem to think, that verbal agreement is not legally binding, unless Fenlon was offered some sort of consideration for that new renegotiated deal, and I personally can't think of what type of consideration they could have offered him.

Of course Dundee Utd may be completely exasperated with the whole thing and no longer want Fenlon at all. Would Fenlon really go back to work at Bohemians, or would he walk resign? My guess is that he'd be so p*ssed off with Conway that he could no longer go on working for them, resign, and spend some time looking for a new gig in the UK, boosted by his now higher profile in the UK press. Again, this way Bohs wouldn't receive a penny. Of course Dundee Utd would still be looking for a new manager, so who knows, maybe the original title of this thread could be restored yet....

[osarusan]

Couldn't Bohs turn down his resignation if he wanted to try that.

Yes of course. Stupid me.