Fenlon for Dundee United?

**dcfc1928** · 08/01/2010, 4:39 PM

Dundee Utd will not pursure Fenlon deal according to BBC citing Bohs financial demands.

**bluewhitearmy** · 08/01/2010, 4:42 PM

Originally Posted by osarusan

Yes of course. Stupid me.

They would have to let him go at that stage though it would be ridiculous to try and force him to stay.

**CSFShels** · 08/01/2010, 4:43 PM

Originally Posted by dcfc1928

dundee utd will not pursure fenlon deal according to bbc citing bohs financial demands.

exclusive!!!!!

**Jicked** · 08/01/2010, 4:45 PM

Originally Posted by bluewhitearmy

They would have to let him go at that stage though it would be ridiculous to try and force him to stay.

It's legalese though. If he hands in his resignation he's gone either way.

If they reject it they can sue him for breach of contract, and if he signed for DU straight away have a case against them.
if they accepted his resignation he could not be held liable, the Fenlon/Bohs relationship is effectively ripped up, so Bohs would have no case against DU or any other club.

**Fr Damo** · 08/01/2010, 4:46 PM

[QUOTE]

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.
[/QUOTE

Exactly. But would Dundee hire someone wh0 is in turn or the process of sueing Bohs for a breech of contract that may or may not be proven? Think Bohs could prove the consideration alright but aren't there more components to a contract than just money?
Bohs have shafted Pat Fenlon (and arguably themselves) bigstile here imo. Speaking as a nobody interested in LOI.

**Jicked** · 08/01/2010, 4:54 PM

[QUOTE=Fr Damo;1302669]

Exactly. But would Dundee hire someone whi is in turn sueing a breech of contract that may or may not be proven? Think Bohs could prove the consideration alright but aren't there more components to a contract than just money?
Bohs have shafted Pat Fenlon (and arguably themselves) bigstile here imo. Speaking as a nobody interested in LOI.

Don't really know what you mean about Dundee Utd being in breach of contract, in what way do you think they would?

In this case you're not strictly talking about forming of a new contract, but rather creating a new one for part-payment of an already existing debt, which must be supported by fresh consideration. I can't think of what sort of fresh consideration they'd have been able to offer him, to me it seems like it would have been a bare verbal promise which has no legal basis. Again though, contract law isn't my area of expertise, Marinobohs seemed to suggest it was his earlier so perhaps he can fill us in

And yeah, Bohs have shafted Fenlon big time here. They've also done the same to themselves, leaving themselves wide open to Fenlon walking away for nothing.
It's why any normal, well run football club would have reached a deal after allowing their manager to talk to other clubs, and him desperately pleading to go. How many times have you seen managers change clubs in the UK without this sort of carry on, quite simply because you're left in an awful position and every chairman knows it. Thats why a deal is always struck, and why its never a huge sum in comparison to what players go for.

Oh, did anyone just catch TV3 there? Pat's saying he's "unsure about his future...."

**Fr Damo** · 08/01/2010, 4:57 PM

[QUOTE]
[QUOTE=Jicked;1302677]

Originally Posted by Fr Damo

Don't really know what you mean about Dundee Utd being in breach of contract, in what way do you think they would?

In this case you're not strictly talking about forming of a new contract, but rather creating a new one for part-payment of an already existing debt,

Good point.

Sorry, corrected previous post.

**Dalymountrower** · 08/01/2010, 5:02 PM

Originally Posted by Jicked

.

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.

....

Dundee Utd sought 1 million sterling compensation from the SFA for Craig Levein and settled for 300k stg. Sauce for the Goose etc.

For what its worth , Bohs handling of this has been self defeating in amateurishly publicly disclosing its unacheivable negotiating position and potentially alienating the best manager we have ever had. Dundee United`s approach has been no less amateur. Nutsy must be rightly ****ed off with both clubs. Could easily see him resign, face the legal consequences (if any) and try his luck with another club entirely.

**Jicked** · 08/01/2010, 5:02 PM

But would Dundee hire someone who is in turn or the process of sueing Bohs for a breech of contract that may or may not be proven?

Yeah they'd be very happy to. If Fenlon and his legal team decide that the facts are that they can sue Bohs for breach of contract it would most likely be because it's an open and shut case. The big question would be what sort of payout he's entitled to, and the legal bitching would be around what sort of sum if any they should pay. That's a private legal matter for Pat Fenlon though, and wouldn't involve Dundee Utd, and shouldn't hinder Fenlon working there in any way.

**Martinho II** · 08/01/2010, 5:20 PM

A question I would like to ask is why Dundee Utd took so long to get in touch with Conway to discuss compensation?? their delay in doing this weakened the deal imo...

**Quadruple1928** · 08/01/2010, 5:31 PM

Originally Posted by 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

You have a serious obsession with Conway, an unhealthy one at that. Our board has more than one person on it ya fool, you would think you would know considering you copied our model. Also the board did the right thing in not being ripped off.

**weecountyman** · 08/01/2010, 5:37 PM

Why didn't Pat do a Roddy and cite personal reasons, then the day before he offers his resignation agrees to go to DU? :-)

**Hibs4Ever** · 08/01/2010, 5:41 PM

Originally Posted by weecountyman

Why didn't Pat do a Roddy and cite personal reasons, then the day before he offers his resignation agrees to go to DU? :-)

As Paul Peschisolido did with St Pat's before becoming manager of Burton Albion the very next day

**roinuj** · 08/01/2010, 5:47 PM

i think fenlon joining dundee would have been a step back.
take rangers and celtic out of that league and it would be worse then the eircom league

**passerrby** · 08/01/2010, 5:51 PM

Originally Posted by Quadruple1928

You have a serious obsession with Conway, an unhealthy one at that. Our board has more than one person on it ya fool, you would think you would know considering you copied our model. Also the board did the right thing in not being ripped off.

so it appears know you have a manager who does not want to be there and is owed money... wel done mr conway.

**Jicked** · 08/01/2010, 5:55 PM

Originally Posted by Quadruple1928

You have a serious obsession with Conway, an unhealthy one at that. Our board has more than one person on it ya fool, you would think you would know considering you copied our model. Also the board did the right thing in not being ripped off.

Jaysus, you do realise this is Conway's doing yet again. Look at every single quote from Bohs over this whole mess, every one has been from Conway. What could you possibly have against me referring to Conway when he's been the very public face of Bohs for the last few days giving radio, tv and press interviews.

**The Betting Man** · 08/01/2010, 5:57 PM

Its Dundee United that wanted Fenlon not Dundee,bit of a difference between the 2 clubs

**RoversHead** · 08/01/2010, 5:57 PM

Originally Posted by Quadruple1928

You have a serious obsession with Conway, an unhealthy one at that. Our board has more than one person on it ya fool, you would think you would know considering you copied our model. Also the board did the right thing in not being ripped off.

Howya Gerry