Sala compensation claim rejection highlights challenges in proving player value

Argentine striker Sala died when the plane carrying him from France to Wales crashed into the English Channel in January 2019, having signed for Cardiff from FC Nantes in a £15 million transfer.

Cardiff City had claimed more than £100m in compensation from Nantes after the crash, arguing that was the money they lost out on through relegation from the Premier League and then from the EFL Championship, which they claimed Sala would have been able to help them avoid.

However, France’s Commercial Court has now thrown out that claim, ordering the Welsh side to pay €480,000 (approximately £400,000) in legal costs and damages to Nantes. Cardiff are currently considering their appeal.

Gabrielle Armstrong, a sports disputes expert with Pinsent Masons, said the case highlighted the challenges of showing the value of signings in the current market.

"In addition to proving liability, Cardiff FC also had to prove the quantum of its claim, and the impact of one player, even of the calibre of Sala, on their Premier League survival would have been very difficult to prove,” she explained.

Sala and pilot David Ibbotsen were killed when their Piper Malibu light aircraft crashed into the Channel during the nighttime flight to Wales.

The case threw up questions around who had the playing rights for Sala, in part due to the nature of his relationship with the agent who negotiated the deal.

Cardiff City’s position was that he was not officially their player when he died, although the FIFA Player’s Status Committee ruled the transfer had gone through, and that Cardiff City should pay the transfer fee. This decision was upheld by the Court of Arbitration for Sport (CAS) which dismissed Cardiff City’s appeal in 2022.

After CAS ruled the transfer had gone through, Cardiff brought a compensation claim through the French Commercial Court, arguing that Nantes – via the agent as its intermediary – had organised the fatal flight.

Julian Diaz-Rainey, a sports law expert with Pinsent Masons, explained that the case underlined the unusual nature of sport disputes, given the breadth of parties involved.

"This case, involving the Court of Arbitration for Sport, FIFA and the French Commercial Court, demonstrates the complex legal environment within which sports exist and the many legal issues which can arise out of a tragic event such as this,” he said.