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Quote: OmneFC "However, If we have Berrigan contracted, regardless of the change in tax circumstances, he is still a player for us, and is still under contract for another year'"


If a term of the contract was that he was due to receive a payment offshore which the law now says cannot happen there is an arguement that the contract isn't worth the paper it's written on. I need to do some digging but i'm pretty sure if one party cannot fulfil it's contractual obligation (ie us paying him offshore) then the contract is void.

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Nicklas ready for 1st team rugby. Looks like our search might be over!

www.thisishullandeastriding.co.u ... ticle.html
Nicklas ready for 1st team rugby. Looks like our search might be over!

www.thisishullandeastriding.co.u ... ticle.html


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Quote: Big Dave T "
Quote: Big Dave T "However, If we have Berrigan contracted, regardless of the change in tax circumstances, he is still a player for us, and is still under contract for another year'"


If a term of the contract was that he was due to receive a payment offshore which the law now says cannot happen there is an arguement that the contract isn't worth the paper it's written on. I need to do some digging but i'm pretty sure if one party cannot fulfil it's contractual obligation (ie us paying him offshore) then the contract is void.'"




Unless Berrigan and his manager had the foresight to have a secondary figure inserted into the contract that would be payable in the event of the current "loopholes" closing.

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Quote: Big Dave T "
Quote: Big Dave T "However, If we have Berrigan contracted, regardless of the change in tax circumstances, he is still a player for us, and is still under contract for another year'"


If a term of the contract was that he was due to receive a payment offshore which the law now says cannot happen there is an arguement that the contract isn't worth the paper it's written on. I need to do some digging but i'm pretty sure if one party cannot fulfil it's contractual obligation (ie us paying him offshore) then the contract is void.'"



If Berro doesnt agree to the changes to the terms of payment in his current contract he has no contract.

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Quote: R.B.A "
Unless Berrigan and his manager had the foresight to have a secondary figure inserted into the contract that would be payable in the event of the current "loopholes" closing.'"


Possibly. Wouldnt have thought they would 3 years ago when the contract was written but who knows. Big sticking point would be whether FC inserted terms of variation to the original contract in which case we could have Berro contracted but he doesn't like it. Thats worst case scenario for us imo to have him playing against his will.

Who knows. icon_biggrin.gif

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Just read this section too
[i
What if an employee refuses to sign the new contract?
Provided the new agreement contains no changes other than new legal provisions, we take the view that you are within your rights simply to hand or post a copy to that staff member, explaining that it constitutes a change to the particulars of his employment. [/i

Wouldnt want to force him to take the pay cut though

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Quote: Big Dave T "
Quote: Big Dave T "
Unless Berrigan and his manager had the foresight to have a secondary figure inserted into the contract that would be payable in the event of the current "loopholes" closing.'"


Possibly. Wouldnt have thought they would 3 years ago when the contract was written but who knows. Big sticking point would be whether FC inserted terms of variation to the original contract in which case we could have Berro contracted but he doesn't like it. Thats worst case scenario for us imo to have him playing against his will.

Who knows.
But why is it only Berro that's affected? Is he the only one of our overseas players with offshore payments as part of his deal, then?

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Quote: Big Dave T "
Quote: Big Dave T "
Unless Berrigan and his manager had the foresight to have a secondary figure inserted into the contract that would be payable in the event of the current "loopholes" closing.'"


Possibly. Wouldnt have thought they would 3 years ago when the contract was written but who knows. Big sticking point would be whether FC inserted terms of variation to the original contract in which case we could have Berro contracted but he doesn't like it. Thats worst case scenario for us imo to have him playing against his will.

Who knows.


Was sure that Berrigan was quoted in the Aussie press 3 years ago that his Lawyers had clauses inserted into his contract which stated that Hull would make up any shortfall in his Salary that occur as a result of changes in legislation. Ill try to find it.

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Quote: Mrs Barista "
But why is it only Berro that's affected? Is he the only one of our overseas players with offshore payments as part of his deal, then?'"


Two thoughts:
1. Yes it's possible he's the only one with offshore payments
2. He may be the only one we have decided not to compensate by giving an increase of UK salary cap cash

It's possible that due to the restriction of the salary cap we may have prioritised Fitz, Ogre, Moa etc above Berro if we had limited capacity to resolve. All speculation though.

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Quote: R.B.A "
Was sure that Berrigan was quoted in the Aussie press 3 years ago that his Lawyers had clauses inserted into his contract which stated that Hull would make up any shortfall in his Salary that occur as a result of changes in legislation. Ill try to find it.'"


Would be interesting if he did say that. Could well be that it's the debate thats ongoing now then.

Another thing to think about is how SL will deal with this wider issue. The salary cap is live but presumably some leniency needs to be given if the legislation changes will impact live spending.

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Quote: Big Dave T "
Quote: Big Dave T "
Was sure that Berrigan was quoted in the Aussie press 3 years ago that his Lawyers had clauses inserted into his contract which stated that Hull would make up any shortfall in his Salary that occur as a result of changes in legislation. Ill try to find it.'"


Would be interesting if he did say that. Could well be that it's the debate thats ongoing now then.

Another thing to think about is how SL will deal with this wider issue. The salary cap is live but presumably some leniency needs to be given if the legislation changes will impact live spending.'"




I predict that the RFL will issue dispensations for the length of players current contracts. The big question is whether clubs other than Hull, Leeds, Wire and Wigan can afford to pay the extra. I doubt it.

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Quote: R.B.A "
I predict that the RFL will issue dispensations for the length of players current contracts. The big question is whether clubs other than Hull, Leeds, Wire and Wigan can afford to pay the extra. I doubt it.'"


Dispensations would sound sensible.

Depends on ths size of the fee's we're talking about. If FC have 5 players for example who receive 100k each offshore we would need to find approx 250k to compensate. That's affordable for us.

Leeds, Wire and Wigan could probably afford 250k-500k each too.

It's the smaller clubs that might struggle. I'd be interested to see for example how badly Salford are hit by this with their massive recruitment etc.

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It makes our decision to invest in the likes of Westerman and Sharp even wiser. British players will be the way forward in the coming years now I reckon.

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Quote: R.B.A "Was sure that Berrigan was quoted in the Aussie press 3 years ago that his Lawyers had clauses inserted into his contract which stated that Hull would make up any shortfall in his Salary that occur as a result of changes in legislation. Ill try to find it.'"

Really? Unusual to talk about that sort of legal conditional clause openly in the press before he'd even arrived. The link will be interesting.

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Quote: PAUL M "It makes our decision to invest in the likes of Westerman and Sharp even wiser. British players will be the way forward in the coming years now I reckon.'"


Yup. And we could do worse than invest a larger amount than usual in our youth set up too. The emphasis really will be put onto developing your own talent. (unless there are other loopholes still in existence to exploit. Maybe hull FC should open a store in Thailand or Singapore and pay our Aussie players from there to avoid high rate UK tax)

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