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Quote: Deano G "Wigan hold no aces.

His RL registration means nothing to the RFU.

Sarries have lots of cash.

RU has huge attraction in terms of media profile and the international game.

Ultimately he could walk out on Wigan and Sarries could make Wigan an offer to settle their claim for damages and Wigan would have to do a deal.

People need to get real. Wigan and other RL clubs are in a very weak position here.

The lack of growth in club revenue is now a crisis.

If RL clubs can only afford to pay 70% of what they could in real terms 10-15 years ago (which is what the inability to raise the SC means) then the authorities, clubs and fans need to accept that the game's structures have utterly failed and we need a revolution in the way the game is run.

Or we accept that before long the game is going to become a semi-professional competition (at best) with third rate players.

It's a very simple choice.

If we carry on like this I doubt we'll even have to worry about RU raids in 20 years' time because talented youngsters won't even get involved with RL clubs in the first place.'"


If he breaches his contract and just does one to sarries or wherever and it goes to court as long as we dont get Jim Carey representing us we will get the value of his contract at least.

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If Deano G is correct about wigan's weak position in negotitions then theSC hasto be adjusted as a matter of urgency. Other clubs must realise ru will come after Ryan Atkins, Rangi Chase, Foster, Ryan Hall etc. as well as wigan players. If that happens they may as well go to amatuer status. Like Ru was when we took theirbest players, this poaching is as much about killing RL as obtaining players.

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[quote="Badwanger":3hoggrzp]IMO, Sculthorpe at his peak was better than Hanley was at his.[/quote:3hoggrzp] [quote="nickmanator":3hoggrzp]billy boston in todays game might pinch a spot bringin the cone on and that bein kind[/quote:3hoggrzp] [quote="robbierotten":3hoggrzp]Imo Sam Tomkins is a very poor mans Danny Brough he is just a average player getting bigged up by the idiots who comentate on sky.[/quote:3hoggrzp] [quote="Deano G":3hoggrzp]Jonathan Davies, who is his equal in [Super League] today?[/quote:3hoggrzp] [quote="Badwanger":3hoggrzp]Wellens[/quote:3hoggrzp]:7007.jpg



Quote: Wandering Warrior "If he breaches his contract and just does one to sarries or wherever and it goes to court as long as we dont get Jim Carey representing us we will get the value of his contract at least.'"


Why do you say that? I'm not sure what you mean by the "value of his contract". icon_confused.gif

Damages are compensation to put the party who has suffered loss in the position they would have been if the contract had been performed (and bear in mind that Wigan will save the 80k a year because they won't be paying it to Joel).

The party who has suffered loss also has a duty to take reasonable steps to mitigate their loss.

Wigan's losses will therefore be the costs involved in finding a new player of similar quality and the difference between any higher salary they have to pay that player and what they would have paid Joel. I suppose if say a sponsor or potential pulled out of sponsoring Wigan because Joel was no longer at the club there might be an argument that there was additional loss, but while that scenario might possibly be relevant to Sam if he moves to RU I can't see it being relevant to Joel.

The courts would simply view this an employment law matter, the fact he is an employee of a RL club is not really relevant. Wigan's damages would be relatively small.

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Quote: Nnibly_Warrior "Hoffman - Hock
Coley - Fielden
Deacon - Mellor (should get his chance)
J.Tomkins - G.Thomas???
Tuilagi according to todays Daily Star

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[quote="Badwanger":3hoggrzp]IMO, Sculthorpe at his peak was better than Hanley was at his.[/quote:3hoggrzp] [quote="nickmanator":3hoggrzp]billy boston in todays game might pinch a spot bringin the cone on and that bein kind[/quote:3hoggrzp] [quote="robbierotten":3hoggrzp]Imo Sam Tomkins is a very poor mans Danny Brough he is just a average player getting bigged up by the idiots who comentate on sky.[/quote:3hoggrzp] [quote="Deano G":3hoggrzp]Jonathan Davies, who is his equal in [Super League] today?[/quote:3hoggrzp] [quote="Badwanger":3hoggrzp]Wellens[/quote:3hoggrzp]:7007.jpg



Quote: Manx Warrior "If Deano G is correct about wigan's weak position in negotitions then theSC hasto be adjusted as a matter of urgency. Other clubs must realise ru will come after Ryan Atkins, Rangi Chase, Foster, Ryan Hall etc. as well as wigan players. If that happens they may as well go to amatuer status. Like Ru was when we took theirbest players, this poaching is as much about killing RL as obtaining players.'"


To be honest, I don't think RU raids are the biggest issue in the long term. The erosion of player pay in real terms is the biggest danger for RL - I don't think there will be many top-class players in British RL for RU to poach in 20 years time, the game will have moved down a level or two by then.

RU isn't the biggest threat to RL. The people running the RFL and RL clubs are the biggest threat to RL.

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Quote: Deano G "Why do you say that? I'm not sure what you mean by the "value of his contract".
If hes on 80k with 4 years left the value of his contract would be 320k we would get that in a court case if we were represented correctly. Theres no way they will set our losses at the cost of finding a similar quality player because it will be much higher. Wigans damages would be small in what way?

We have nurtured his talent from a young age and we could argue he would be on a much bigger salary at another club. The cost of training & coaching his talent for however many years we have had him would also become a factor.

If we were in as weak a position as you make out he would be signed up for whoever he wanted right now.

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Quote: [Gareth] ""Tuilagi according to todays Daily Star'"


Linked to us? Sweet baby jesus, him and Hock together would make any coach tear their hair out icon_lol.gif

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[quote="Badwanger":3hoggrzp]IMO, Sculthorpe at his peak was better than Hanley was at his.[/quote:3hoggrzp] [quote="nickmanator":3hoggrzp]billy boston in todays game might pinch a spot bringin the cone on and that bein kind[/quote:3hoggrzp] [quote="robbierotten":3hoggrzp]Imo Sam Tomkins is a very poor mans Danny Brough he is just a average player getting bigged up by the idiots who comentate on sky.[/quote:3hoggrzp] [quote="Deano G":3hoggrzp]Jonathan Davies, who is his equal in [Super League] today?[/quote:3hoggrzp] [quote="Badwanger":3hoggrzp]Wellens[/quote:3hoggrzp]:7007.jpg



And then there's the threat from the NRL, as highlighted by this Aussie playerhttp://news.bbc.co.uk/sport1/hi/rugby_league/15295811.stmrl

We are at 5 minutes to midnight. Action must be taken now to put the British game on a sustainable growth path, before it is too late (perhaps it already is icon_sad.gif ).

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Quote: Wandering Warrior "Linked to us? Sweet baby jesus, him and Hock together would make any coach tear their hair out
Tuilagi would be fine as long as we didnt let him near the Mersey Ferry

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Quote: Deano G "And then there's the threat from the NRL, as highlighted by this Aussie playerhttp://news.bbc.co.uk/sport1/hi/rugby_league/15295811.stmrl

We are at 5 minutes to midnight. Action must be taken now to put the British game on a sustainable growth path, before it is too late (perhaps it already is
I agree totally that we need to take action quickly but i dont think its quite as bad as your making out, not yet anyway. We need serious changes at the top because if any organisation stood still for as long as ours has there would be major overhaul.

The RFL need to be more tranparent and actually tell us what the f*ck they are doing because at the moment it seems like not a lot.

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[quote="Badwanger":3hoggrzp]IMO, Sculthorpe at his peak was better than Hanley was at his.[/quote:3hoggrzp] [quote="nickmanator":3hoggrzp]billy boston in todays game might pinch a spot bringin the cone on and that bein kind[/quote:3hoggrzp] [quote="robbierotten":3hoggrzp]Imo Sam Tomkins is a very poor mans Danny Brough he is just a average player getting bigged up by the idiots who comentate on sky.[/quote:3hoggrzp] [quote="Deano G":3hoggrzp]Jonathan Davies, who is his equal in [Super League] today?[/quote:3hoggrzp] [quote="Badwanger":3hoggrzp]Wellens[/quote:3hoggrzp]:7007.jpg



Quote: Wandering Warrior "If hes on 80k with 4 years left the value of his contract would be 320k we would get that in a court case if we were represented correctly. Theres no way they will set our losses at the cost of finding a similar quality player because it will be much higher. Wigans damages would be small in what way?

We have nurtured his talent from a young age and we could argue he would be on a much bigger salary at another club. The cost of training & coaching his talent for however many years we have had him would also become a factor.

If we were in as weak a position as you make out he would be signed up for whoever he wanted right now.'"


No, we wouldn't. We wouldn't get £320k because that isn't our loss. It's what we would have paid Tomkins. An employer's loss is the cost to it of finding a new employee. There might be examples where you could point to some other loss flowing from his breach of contract, if for example the player was the star player in the team - I gave the example of a sponsor backing out of a deal because a player was no longer there, but I don't think these would apply to Joel.

The cost of training him is irrelevant. Employers can't claim normal training costs back as far as I am aware.

I think we all expect a deal to be done shortly. RU have oodles of cash and a desperate need to get the player across in a clean and quick way so they will pay a premium over what they would have to pay in litigation but people expecting over 500k are likely to be very disappointed.

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There is one thing that might work in Wigan's favour and that is both RU and RL are affiliated to Sport England.

The idea of one affiliated governing body using central funds to facilitate the poaching of a player from another ought to be something the RFL complain about. I am sure RU would say they aren't using any Sport England cash to fund the move but if they have enough cash to fling at our players from central funds they don't need their Sport England grants in the first place. I doubt the RFL would even think of investigating this because quite frankly I doubt they are even remotely interested despite the warnings such as thishttp://news.bbc.co.uk/sport2/hi/rugby_league/15295811.stmrl

OK he is on about a drain to the NRL but it highlights the issues. I think it is pretty clear Wigan are doing a great job on marketing with revenues up and so on, great job with the crowd increases and lots of initiatives such the heritage day the "big one" games but the RFL need to get off their backsides and look to strart growing revenue that they can distrubute to club in the same way the RFU so.

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Quote: Deano G "No, we wouldn't. We wouldn't get £320k because that isn't our loss. It's what we would have paid Tomkins. An employer's loss is the cost to it of finding a new employee. There might be examples where you could point to some other loss flowing from his breach of contract, if for example the player was the star player in the team - I gave the example of a sponsor backing out of a deal because a player was no longer there, but I don't think these would apply to Joel.

The cost of training him is irrelevant. Employers can't claim normal training costs back as far as I am aware.

I think we all expect a deal to be done shortly. RU have oodles of cash and a desperate need to get the player across in a clean and quick way so they will pay a premium over what they would have to pay in litigation but people expecting over 500k are likely to be very disappointed.'"


We wont get 320k just because thats left on his contract but looking at the situation if it did go to court we could get that figure if represented correctly. I didnt really explain that very well icon_confused.gif

The training is relevent because its money and time weve invested in that player which would obviously be money burned if he just walked away. You can also play the England international and future potential card.

Apparantley court cases of this kind are different to normal working tribunal cases. Different things are taken into account. I know somebody at another sporting club who has experienced a few of these cases and he said they get very messy and usually the club losing the player can get the value of his remaining contract at least as long as they have the right legal team. He said 90% of time it doesnt get that far though because both sides end up worse off.

FWIW i doubt we will get over 500k either but iw did get that (500k) I would be pretty happy.

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[quote="Badwanger":3hoggrzp]IMO, Sculthorpe at his peak was better than Hanley was at his.[/quote:3hoggrzp] [quote="nickmanator":3hoggrzp]billy boston in todays game might pinch a spot bringin the cone on and that bein kind[/quote:3hoggrzp] [quote="robbierotten":3hoggrzp]Imo Sam Tomkins is a very poor mans Danny Brough he is just a average player getting bigged up by the idiots who comentate on sky.[/quote:3hoggrzp] [quote="Deano G":3hoggrzp]Jonathan Davies, who is his equal in [Super League] today?[/quote:3hoggrzp] [quote="Badwanger":3hoggrzp]Wellens[/quote:3hoggrzp]:7007.jpg



Quote: Wandering Warrior "We wont get 320k just because thats left on his contract but looking at the situation if it did go to court we could get that figure if represented correctly. I didnt really explain that very well
Not sure where you're getting your info from, but this wouldn't be a tribunal case. Wigan would be suing in High Court for breach of contract.

Any court can get things wrong - that's the inhererent uncertainty of any legal system - so there will be examples of over recovery by employers but the bottom line is that Wigan would only be entitled to claim for their losses (subject to their duty to mitigate) not some vague "value of the contract", let alone a figure based on what they were paying JT.

Their losses wouldn't include any value ascribed by Wigan to training him, I'm not sure where you've got that from and I don't understand what playing the international card means in this context. The cost to Wigan of finding a similar (international) standard player would be included in the damages. But that wouldn't be massive.

I'm not sure what legal basis there is for saying that sports clubs should be treated differently from other employers. Every case is looked at on its own facts and I suppose industry practice to a limited degree is relevant in interpreting the terms of the contract, but I can't see why the High Court would view this differently? I think you are confusing transfers within the same sport where clubs hold registrations and can block transfers with this very different situation.

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Quote: Deano G "Not sure where you're getting your info from, but this wouldn't be a tribunal case. Wigan would be suing in High Court for breach of contract.

Any court can get things wrong - that's the inhererent uncertainty of any legal system - so there will be examples of over recovery by employers but the bottom line is that Wigan would only be entitled to claim for their losses (subject to their duty to mitigate) not some vague "value of the contract", let alone a figure based on what they were paying JT.

Their losses wouldn't include any value ascribed by Wigan to training him, I'm not sure where you've got that from and I don't understand what playing the international card means in this context. The cost to Wigan of finding a similar (international) standard player would be included in the damages. But that wouldn't be massive.

I'm not sure what legal basis there is for saying that sports clubs should be treated differently from other employers. Every case is looked at on its own facts and I suppose industry practice to a limited degree is relevant in interpreting the terms of the contract, but I can't see why the High Court would view this differently? I think you are confusing transfers within the same sport where clubs hold registrations and can block transfers with this very different situation.'"


Maybe a few things i have said may not apply in this case considering the cases i got told about were in a same sport scenario icon_biggrin.gifOH:

Like you've said about the uncertainty of the legal system though, the whole thing would be a minefield. Nobody can say for sure how the case would be viewed or how it would pan out which probably helps us because the RFU are less likely to go down that route unless absolutley necessary.

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