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She carries on through it all...... She's a Waterfall:



He may well be all those things waddy-fax. It doesn't stop his legal right to proceed tho does it?? He may well feel so aggreived by Sam's actions and Fax's willingness to play him despite an agreement/contract etc, that raising the issue now may well have an effect on the teams prep for Sunday! - again, this is Aston's legal right to do so!

If he's no case, he's going to look really daft. If he has, Sam will pay the price. Fax as a club may also get dragged in.
It will fade out of the news by tomorrow evening, popping up occasionally as progress on the case is reported. Fax fans will lose interest over time and when a decision is made, no bug_ger other than Sam is likely to give a toss!

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Quote: Rotherham Fev Fan "
If he's no case, he's going to look really daft. If he has, Sam will pay the price. Fax as a club may also get dragged in.
It will fade out of the news by tomorrow evening, popping up occasionally as progress on the case is reported. Fax fans will lose interest over time and when a decision is made, no bug_ger other than Sam is likely to give a toss!'"


Exactly. All this crying to the media and the 'won't somebody think of the children!' approach at the moment is just pathetic. These things take a long time to do, I think Aston thinks something will happen this week if he carries on. As you say, it'll be some random evening in 4 months time where Barlow finds out he's been fined 10p or something and no one will care.

Plus it seems to have brought our players together more than making them worry. There's some right banter between them re:this on facebook!

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No case to answer - Barlow paid to get out of the contract with the provision for not playing against sheffield in normal course of league games. 'Normal course' being the operative as anything other (ie play offs) could not have been determined at time of agreement.

Barlow honoured his agreement and did not play in the away LEAGUE game (as promised), a game we won easy.

The balance of consideration is too high to expect Barlow to miss 2 games against Sheff AND settle his contract early.

This precident is also set in football where managers would not expect players to miss games they previously were unaware of.

END OF!

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Would Aston be ranting and raving if they had won and have it interfear with there Finals preparation . I think not

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Quote: wereutherein1987? "No case to answer - Barlow paid to get out of the contract with the provision for not playing against sheffield in normal course of league games. 'Normal course' being the operative as anything other (ie play offs) could not have been determined at time of agreement.

Barlow honoured his agreement and did not play in the away LEAGUE game (as promised), a game we won easy.

The balance of consideration is too high to expect Barlow to miss 2 games against Sheff AND settle his contract early.

This precident is also set in football where managers would not expect players to miss games they previously were unaware of.

END OF!'"


well you say that, but that's not necessarily the case.
Of course the 'contract' - once it's existance is proven, then the wording is subject to legal argument over the next 12 months or so. If the words 'league programme' is written into what is now an alleged contract, that Barlow and Fax are indeed home dry.
If it's not and it just says throughout 2010, that definition will be the clause subject to legal argument of which a judge will preside over before making his judgement. Whether the fact that Sheffield v Fax in the play offs could be foreseen at the time of signing is largely irrelevant to the case.
And it's not legal precident in this case. A case like this is judged on it's own virtue and on the evidence presented for reasons explained to me that I can neither remember or reliably understand!!
My feeling is that a contract will exist, Aston will have taken legal advice but may not be that confident it wholly supports his case - just my feeling!! icon_wink.gif icon_wink.gif icon_wink.gif

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Quote: Les West Guitar God "Would Aston be ranting and raving if they had won and have it interfear with there Finals preparation . I think not'"

well no he wouldn't. But as it's him that's taking the action why would he. He'd wait until it's best for him and his club to do so !! Don't understand your point.

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IMO Sheffields case if they have one, has been weakened by agreeing that Barlow could play in the 9's against them. Surely if they were "that" bothered, they wouldnt have allowed him to play in them games either.

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I'm advised that would NOT weaken a case! What does is the subjective wording - that's open to legal argument!!

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Quote: Rotherham Fev Fan "I'm advised that would NOT weaken a case! What does is the subjective wording - that's open to legal argument!!'"

Oi, its not fair if you are commenting AND getting advise on it! icon_wink.gif

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Quote: The Dors "rlEagles Poised To Sue Rivalsrl

More garbage before we play our final.

I don't think taking legal action is about morals or principle in this case. Sheffield have been crying to the various press outlets all week and they've made their point, let people make up their own minds if it really was about the rugby.

Barlow playing didn't affect the overall result and it's just going to cost both clubs money and then what? Probably animosity between the fans and board members and nothing more.'"



Is there not a key phrase in that article or am I missing something?



[i"Just before the transfer deadline, the Eagles cancelled Barlow's contract and he signed for Halifax".[/i


I don't understand where the arguement is.

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Quote: urbancarrot "Is there not a key phrase in that article or am I missing something?



[i"Just before the transfer deadline, the Eagles cancelled Barlow's contract and he signed for Halifax".[/i


I don't understand where the arguement is.'"


You have to understand that what is printed in the media isn't necessarily the full quote/article and is often misleading. Take it with a pinch of salt.

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Quote: Tortured Soul "You have to understand that what is printed in the media isn't necessarily the full quote/article and is often misleading. Take it with a pinch of salt.'"



Well I was also told they cancelled his contract as well as that article... So I guess I should take it with a spoonful of salt..

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www.dogwalkingsheffield.co.uk:



Sheffield united succesfully sued West Ham for the playing of an ilegible player for the sum of 20 million (Carlos Tevez)Kevin McCabe SUFC chairman was told all the reasons why he wouldnt win like on this thread,He did win the case,The Eagles current home Is Bramall Lane,Wonder if Marks had a word with Mr McCabe and his lawyers icon_wink.gif ,As you have already said though,the Eagles have no chance of wiining any case icon_wink.gif icon_surprised.gif icon_biggrin.gif icon_biggrin.gifANCE:

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Just read the article in the League Express which is very detailed in the coverage. Looks like it has been written by Sheffield and has some very questionable reasoning in it.

Mark Aston, and Sheffield, come across very poorly in this and it does sounds like he is the type of person who is going to struggle to back down and is just going to embarrass himself and his club in the meantime.

Hope he ends up with egg on his face and Sam gets to counter-sue for dragging his name through the mud.

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Quote: EAGLEBLADE II "Sheffield united succesfully sued West Ham for the playing of an ilegible player for the sum of 20 million (Carlos Tevez)Kevin McCabe SUFC chairman was told all the reasons why he wouldnt win like on this thread,He did win the case,The Eagles current home Is Bramall Lane,Wonder if Marks had a word with Mr McCabe and his lawyers
But Fax havent played an ineligible player. So whats your point?

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