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The Official Airdrieonians Thread - 2019/20 and beyond


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25 minutes ago, ATLIS said:

@Skyline Drifter Any idea on what the actual legality is on pre contracts?

Hopefully this helps a wee bit....

The enforceability of a pre-contract will depend on the specific terms of the agreement. Pre-contracts are generally not binding under English law as they are usually marked ‘Subject to Contract’ and are simply a commitment by the parties to enter into a later contract. 

Basically as I thought, an agreement before an actual contract but not binding, see Richard Brittain and his U-turn from Ross county to st johnstone, but stayed at county, circa 2013.

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7 hours ago, ATLIS said:

10% for QotS on Dykes could eventually end up at about 250,000 which is huge. We’ve shown we can move players on for 1m+ 
 

On 3rd party ownership, I’m sure that was made illegal in Europe at some point but he may have a cancel clause in his contract where he can just walk away at any time (We have one with Efe Ambrose).

It wasn't 10%.

3rd Party player ownership hasn't been allowed worldwide for close on a decade. Clubs and players have to provide a signed declaration to FIFA on every cross-border move confirming none exists.

7 hours ago, ATLIS said:

@Skyline Drifter Any idea on what the actual legality is on pre contracts?

 

14 hours ago, Aidan said:
18 hours ago, ATLIS said:
In Scotland you can, there’s an issue in Scottish law where the contract doesn’t become legal until the day you begin working. You can sign a precontract but it doesn’t become true until the day, you can cancel it at any point. 
 
If we agreed a deal with him and Celtic come in and offer him double it in February, he can cancel the deal with us and go with theirs - which can’t happen with the January deal.
 
Only time we had an issue with it was Callum Elliot signing for us in February as a precontract, it was announced and everything and then in about April I think it was Raith that announced him, we took it to court to make them pay a fee but lost due to the Scottish law about it 

I'm sure if someone tags Skyline Drifter he'll be able to explain the full details but from what I understand it's not simply a case of "pre contracts aren't legally binding" it all depends on the actual terms that are agreed at the time. Can't find anything about the Callum Elliot deal that says Livingston took Raith to court, only that Livingston couldn't be arsed dragging it out so they were agreeing to cancel the deal, also don't see why Ross County would have paid St Johnstone a fee to cancel Richard Brittain's deal if they didn't have to?

Pre-contracts have no standing with the football authorities. You are either in a position to sign a contract or you are not. The football authorities will not recognise or register a "pre-contract". It's nothing to do with "Scots Law". A pre-contract is a civil contractual agreement between an individual and an employer that they will come work for them when eligible to do so and will probably set out the terms under which they will do so (salary, length of term and other benefits). With respect to the football authorities, they aren't interested in a pre-contract. They are only interested in an actual contract (and registration) and it must be lodged within 14 days of signing. If a player signs a pre contract and then decided later to sign for someone else (as both Elliot and Brittain did) the authorties are not interested in the pre-contract and will register the valid new signed contract. In that respect Atlis is correct. Of course the player would be in civil breach of contract with the first club having failed to fulfill his contractual obligation to come work for them. He would be liable to civil prosecution (there may be a difference in English and Scots Law here, I've no idea, I'm not a lawyer) from the club for breach of contract and he'd lose but damages would be limited to whatever material "loss" they could show they suffered.

The two examples above are the most infamous ones of players breaking pre-contracts. I'm 99% sure Livi did not take Raith to court and lose. For a start Raith were not in breach of anything, any action would have been against Elliot personally. For a second I'm near certain Livingston's "pre-contract" turned out to not have been legally correctly drafted and signed so wouldn't have got them anywhere. I highly suspect it didn't actually physically exist. From memory they made a bit of noise but ultimately quietly dropped the threat of action fairly quickly. The County / St Johnstone / Brittain saga was more interesting. In that case both clubs claimed to have valid, in date, contractual paperwork. At that time we had two bodies running football and supposedly the SPL (as it was then) agreed to register Brittain for St Johnstone whilst the SFA agreed to register him for County. The thing was a mess and eventually a deal was thrashed out where County paid a fee to get St Johnstone to drop their claim as there was a genuine possibility Brittain would be frozen out of football until the outcome of legal arguments. I don't think it was a massive amount in the scheme of things. I think Brittain was pretty embarrassed about the whole thing. I'm sure he apologised to St Johnstone for changing his mind and never denied having signed the actual paperwork with them.

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https://www.idlehandsduffy.com/post/diamond-watches-clyde-2-4-airdrieonians

Doesn't look at all likely that we'll get playing on Saturday, so ending the year on another smack in the puss for Clyde will have to do. 

A strange year, but we go into 2021 with reasons to be optimistic. Cautiously so, but still. 

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1 hour ago, AndyDD said:

https://www.idlehandsduffy.com/post/diamond-watches-clyde-2-4-airdrieonians

Doesn't look at all likely that we'll get playing on Saturday, so ending the year on another smack in the puss for Clyde will have to do. 

A strange year, but we go into 2021 with reasons to be optimistic. Cautiously so, but still. 

More alliteration always aids Airdrie's achievements. . ......       I missed the "live" stream but the highlights certainly back up your blog. Does look as if our next game will be the Cup-hope we don't do a Livi. Happy New Year Andy

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On 30/12/2020 at 12:44, AndyDD said:

Sabatini is on loan from Dnipro, so he's not in the same boat as Robert. 

Any scenario that sees Robert move on after playing out the rest of the season with us is fine by me. After that, I can't pretend I really care much. 

Would it be we are not serious about building a good squad,going season  to season, seems daft playing young players if that's the case, 

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If we can have a better calibre player even if it’s only for one season we have to take it imo. If we make a few quid then that’s a bonus. 
 

Apparently a host of English clubs joining the Scottish clubs in chasing Robert now will be interesting to see where he will end up. As far as the livi chat goes not sure if dykes was talked up as much as Robert has been before he moved to livi. No guarantees it would all work out like that for airdrie and Robert also with big sell on clauses. I’d imagine another successful couple of months at airdrie Robert could aim higher than that and for a bigger wage if that’s what he wanted.

 

Anyway, doubt we will see any football tomorrow. Happy new year to all diamonds ♦️

Edited by Diamond10
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3 hours ago, Tulloch Gorum said:

Tae buy oor Tam Rab
any other club would need
many spundoolicks.

His contract, it seems,
is longer than all assumed.
A wily ploy, that!

(I just figured not enough chat here utilises the haiku form)
 

Poetry in emotion. I always like a Limerick so here goes. 

"There once was a Rab fae Montpellier

Come to Airdrie and hope that they'll sell ye

Just star on the pitch and you never know which

Team you'll join when the money comes in fer ye."

 

Apologies but I had no game to watch today.

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On 29/12/2020 at 14:47, CapitalDiamond said:

Evan Balfour is the next volunteer for the podcast Ex-Player Interview. Anything you’d all like him to be questioned on?

My dad, part of the original OTL editorial team back when it was purely a fanzine, really enjoyed the Chris Honour interview. As did I btw. The Ian McMillan ones from a year or two ago were excellent as well. Any chance of tracking Gus Caesar down? Would be a fascinating interview IMO. 

On 30/12/2020 at 12:11, Ayr Diamond said:

I dont think fans have a grasp of this situation regarding Sabatini and Robert they are not Airdrie's players they play for Airdrie but a owned by there agents who have gave Airdrie the chance to play for them any transfer fee will go to them with a percentage given to the club.

Isn't Sabatini a loan player anyway? Mind you, you've been spot on before so maybe you're right... 

4 hours ago, Mr November said:

I see Stuart Millar has said that Thomas Robert is signed on a long-term contract. He won’t be here next season either way but good to know we’ve got a better chance of getting a decent amount of money for him. I think a good sell-on clause is the most important thing.

That's good news. Though it is odd nobody seemed to know this or exactly what the situation RE his contract is - including Murray. Good as it means we don't just have to accept the first offer that comes in for him, and good for Thomas himself as it should give him more options. Ideal for us would be a bit of cash, smart and potentially (relatively) fruitful add-ons and a loan back to us. 

That's it confirmed Hutton is away to Brechin. That will certainly keep him busy. All the best. 

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57 minutes ago, airdrieman said:

My dad, part of the original OTL editorial team back when it was purely a fanzine, really enjoyed the Chris Honour interview. As did I btw. The Ian McMillan ones from a year or two ago were excellent as well. Any chance of tracking Gus Caesar down? Would be a fascinating interview IMO. 

 

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I still have all of the original OTL fanzines in a safe place in the loft, so well done to your Dad and others. I only featured once in the Diamond fan slot but can't remember which one it was in. Will need to get the loft ladder into action.  As to David Hutton wish him all the best but Brechin will be a tough shift.

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2 hours ago, Chapelhall chap said:

I still have all of the original OTL fanzines in a safe place in the loft, so well done to your Dad and others. I only featured once in the Diamond fan slot but can't remember which one it was in. Will need to get the loft ladder into action.  As to David Hutton wish him all the best but Brechin will be a tough shift.

Happy New year all. Good results today hopefully be good year ahead ♦️

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