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BegbieHSC
11-02-2019, 01:40 PM
Playing today - what a waste of talent. Can’t believe Celtic would’t deal with us in January.

Stuart93
11-02-2019, 01:44 PM
Playing today - what a waste of talent. Can’t believe Celtic would’t deal with us in January.

Keeps him ticking over before joining us in the summer I suppose

ian cruise
11-02-2019, 01:54 PM
Playing today - what a waste of talent. Can’t believe Celtic would’t deal with us in January.

Hope he scores a hat trick and shows what they've been missing. Every chance he's demanded he gets played until the end of the season to keep his match sharpness and fitness up since they stood in the way of him moving in Jan. Otherwise could be an interesting employment tribunal re:stopping him work.

BegbieHSC
11-02-2019, 01:59 PM
Hope he scores a hat trick and shows what they've been missing. Every chance he's demanded he gets played until the end of the season to keep his match sharpness and fitness up since they stood in the way of him moving in Jan. Otherwise could be an interesting employment tribunal re:stopping him work.

Game over now - sounds like he bossed it. Apparently got a big cheer skinning an opponent.

CMurdoch
11-02-2019, 02:08 PM
Game over now - sounds like he bossed it. Apparently got a big cheer skinning an opponent.

Where did you get this from?

Jim44
11-02-2019, 02:14 PM
This is an interesting scenario. I’ve asked before, but nobody seemed to know, how binding is a pre-contract? Say, for example, Celtic allowed him to play his way back into their plans, could he ask for the contract to be ripped up? The information, I’ve seen, seems to suggest that, unless the contract had ‘fine details’, it was a grey area and open to interpretation. The fact that a three year deal has been mentioned suggests that there is a bit of meat in the contract and that he will have to honour it in summer. But you never know.:dunno:

ian cruise
11-02-2019, 02:18 PM
This is an interesting scenario. I’ve asked before, but nobody seemed to know, how binding is a pre-contract? Say, for example, Celtic allowed him to play his way back into their plans, could he ask for the contract to be ripped up? The information, I’ve seen, seems to suggest that, unless the contract had ‘fine details’, it was a grey area and open to interpretation. The fact that a three year deal has been mentioned suggests that there is a bit of meat in the contract and that he will have to honour it in summer. But you never know.:dunno:

To the best of my knowledge they're not legally binding. It's a gentleman's agreement to sign a contract when your current deal is done but after the way he's been handled by Celtic so far I think he'd want a starting slot in writing before even considering signing on with them again.

He's going to be a Hibee don't worry.

HoboHarry
11-02-2019, 02:24 PM
Hope he scores a hat trick and shows what they've been missing. Every chance he's demanded he gets played until the end of the season to keep his match sharpness and fitness up since they stood in the way of him moving in Jan. Otherwise could be an interesting employment tribunal re:stopping him work.
I'd love to see how that could be enforced. I'm struggling to believe that any player could demand to be played, especially one who has already publicly committed to signing for another team. Also, Celtic would argue they couldn't reach an agreement with a player under contract to them. As long as Celtic continue to pay his wages they would be legally sound.....

SquashedFrogg
11-02-2019, 02:27 PM
This is an interesting scenario. I’ve asked before, but nobody seemed to know, how binding is a pre-contract? Say, for example, Celtic allowed him to play his way back into their plans, could he ask for the contract to be ripped up? The information, I’ve seen, seems to suggest that, unless the contract had ‘fine details’, it was a grey area and open to interpretation. The fact that a three year deal has been mentioned suggests that there is a bit of meat in the contract and that he will have to honour it in summer. But you never know.:dunno:

If they change their mind on him we can always sell him back to them.......If they meet our valuation 😀

BlackSheep
11-02-2019, 02:35 PM
As I understand the pre contract scenario is that it is a verbal contract, not a paper one... its full title being a pre-contract agreement.

Those better in the know than I about Scottish law can correct me if i am wrong but as far as I am aware a verbal contract is binding in Scotland, but i guess it could be argued by both parties in court.

BullsCloseHibs
11-02-2019, 02:36 PM
Playing today - what a waste of talent. Can’t believe Celtic would’t deal with us in January.

Maybe teaching us a wee lesson?

ian cruise
11-02-2019, 02:36 PM
I'd love to see how that could be enforced. I'm struggling to believe that any player could demand to be played, especially one who has already publicly committed to signing for another team. Also, Celtic would argue they couldn't reach an agreement with a player under contract to them. As long as Celtic continue to pay his wages they would be legally sound.....

Would depend if Celtic wanted the hassle of challenging it, or just decided it was easier to play him in reserve games. I wasn't suggesting he would be pushing for first team place, just that if he's turning up and turning it on in training every day he'd have an argument that he was bei g treated unfairly by not being given any game time at any level.

Jim44
11-02-2019, 02:56 PM
Was there not a case several years ago involving a player renaging on a pre-contract? I think the club holding on to the player paid the other club a few grand in compensation.

CockneyRebel
11-02-2019, 02:59 PM
If they change their mind on him we can always sell him back to them.......If they meet our valuation 😀


:top marks

Shrekko
11-02-2019, 02:59 PM
Was there not a case several years ago involving a player renaging on a pre-contract? I think the club holding on to the player paid the other club a few grand in compensation.

Richard Brittain I think. Ross County has to pay £40k to get him back from St Johnstone even though he never played for them.

malcolm
11-02-2019, 03:15 PM
It can be a contract in the same way as any other contract between two parties - in writing (or even if you are not sensible, overly trusting or did not realise what you’d agreed it can be verbal). It will not be verbal that would be stupid and hard to enforce or difficult prove the terms agreed. Any contract will have what both parties’ commitments are and can cover penalties for breach.

It won’t be a contract that can be registered with the league for the purpose of player registration as it will need to be followed up by a further contract as agreed in the terms of the pre-contract that will be registered. I think the league will though recognise it if done very close to the conclusion of the player’s current contract.

Other than that if the second contract is not then completed then one of the parties is in breach of the first contract and can seek remedies in law to compensate. Such may even be as agreed in the terms of the pre-contract. Other than being registered and preventing a registration with another club/league the pre-contract us the same in that you can’t force someone to keep to it, it is the consequences of that that will be different too!

joe_hfc
11-02-2019, 03:17 PM
A pre-contract is a binding. They are always written contracts. If Scott Allan were to stay at Celtic, then they'd need to buy him from us.

The Richard Brittain situation was the same. He had a change of heart and Ross County therefore had to pay a fee to buy him out his contract. It was nominal because St J knew he didn't want to come so it was better to receive at least something and let the situation end, rather than having some drawn out legal process or an unhappy player on their hands from the offset.

Fuzzywuzzy
11-02-2019, 03:23 PM
As I understand the pre contract scenario is that it is a verbal contract, not a paper one... its full title being a pre-contract agreement.

Those better in the know than I about Scottish law can correct me if i am wrong but as far as I am aware a verbal contract is binding in Scotland, but i guess it could be argued by both parties in court.

So we could be mo-jo'd

LancsHibs
11-02-2019, 03:45 PM
Or what if Michael Appleton doesn’t fancy him and wants to bring his own player in that position, maybe somebody he has worked with before?

CapitalGreen
11-02-2019, 03:48 PM
Or what if Michael Appleton doesn’t fancy him and wants to bring his own player in that position, maybe somebody he has worked with before?

Michael Appleton managed Allan while he was on loan at Portsmouth (extending his loan during that time) and Allan has praised Appleton's management so I imagine they would be happy to work together again.

oneone73
11-02-2019, 03:48 PM
Or what if Michael Appleton doesn’t fancy him and wants to bring his own player in that position, maybe somebody he has worked with before?

Allan worked with Appleton at Portsmouth. Talks very highly of him.

Tug Wilson
11-02-2019, 03:57 PM
As I understand the pre contract scenario is that it is a verbal contract, not a paper one... its full title being a pre-contract agreement.

Those better in the know than I about Scottish law can correct me if i am wrong but as far as I am aware a verbal contract is binding in Scotland, but i guess it could be argued by both parties in court.

Common misconception in Scotland that a verbal contract is legally binding. Only a written contract is in any way binding.

However I would imagine that there is a full written contract between Hibernian FC and Scott Allan. This will have a start date that begins once his current Celtic contract expires. Not ITK on player contracts but have a lot of experience of other contracts mainly property.

hibstag
11-02-2019, 04:00 PM
Was there not a case several years ago involving a player renaging on a pre-contract? I think the club holding on to the player paid the other club a few grand in compensation.

Ritchie Brittain Ross county to St Johnston he wanted to stay for a few reasons after signing the pre contract - county had done well in first season and stayed up and he was a big part in this so county wanted to keep him and upped offer , he felt well supported by county during a family crisis. think county paid money to retain him to smooth over things

malcolm
11-02-2019, 04:07 PM
Common misconception in Scotland that a verbal contract is legally binding. Only a written contract is in any way binding.

However I would imagine that there is a full written contract between Hibernian FC and Scott Allan. This will have a start date that begins once his current Celtic contract expires. Not ITK on player contracts but have a lot of experience of other contracts mainly property.

No the misconception is yours a verbal contract is just as binding as one in writing. If the elements are there either means can make is an agreement between two or more parties which creates or intends to create legally binding obligations between the parties to it.

The difficulty is in evidencing what is said as apposed to what is documented with intent to clearly bind the parties.

It is also I think not called a pre-contract for nothing and would be followed up by a further conventional contract as agreed. It need not even be on the date his celtc contract expires but that will be what he asked for!

hibstag
11-02-2019, 04:08 PM
So we could be mo-jo'd

Ia m pretty sure that Mo Jo never actually signed for Celtic , They negotiated a fee with Nantes through Mcmurdo and then paraded him as a Celtic player.

Agent Orange said they would sort out the details later....

ancient hibee
11-02-2019, 04:10 PM
Common misconception in Scotland that a verbal contract is legally binding. Only a written contract is in any way binding.

However I would imagine that there is a full written contract between Hibernian FC and Scott Allan. This will have a start date that begins once his current Celtic contract expires. Not ITK on player contracts but have a lot of experience of other contracts mainly property.
Don’t want to appear rude but you are incorrect.Verbal contracts are legally binding in Scotland but the difficulty is the evidence.If there are only two people present when a verbal contract is agreed then it is impossible to prove.If there are witnesses present then the contract is enforceable.

southsider
11-02-2019, 05:37 PM
Or what if Michael Appleton doesn’t fancy him and wants to bring his own player in that position, maybe somebody he has worked with before?

Scott played under MA and a West Brom fan posted that he got on with Scott.

Tug Wilson
11-02-2019, 08:31 PM
Don’t want to appear rude but you are incorrect.Verbal contracts are legally binding in Scotland but the difficulty is the evidence.If there are only two people present when a verbal contract is agreed then it is impossible to prove.If there are witnesses present then the contract is enforceable.

Technically OK but bluntly verbal contracts are not worth the paper they are not written on.

BILLYHIBS
11-02-2019, 08:53 PM
What if Scott Allan has signed a precontract agreement for three years with the club as reported on the main website at the time surely enforceable

I know don’t call me Shirley :greengrin

MWHIBBIES
11-02-2019, 08:58 PM
Is there even one thing to suggest Scott Allan will not be a Hibs player next season? Why is this being discussed?

ian cruise
11-02-2019, 09:09 PM
Is there even one thing to suggest Scott Allan will not be a Hibs player next season? Why is this being discussed?

Started off as a hypothetical query an has turned in to serious concern for some that Celtic might want him to stay, not sure why they'd think that.

He's coming to Hibs, i think we all know that.

Leitherhibs
11-02-2019, 09:11 PM
Is there even one thing to suggest Scott Allan will not be a Hibs player next season? Why is this being discussed?

Severe case of bedwettery.

proud_and_green
11-02-2019, 09:25 PM
Technically OK but bluntly verbal contracts are not worth the paper they are not written on.No, in fact and in law, there is sufficient case law to support that verbal contracts are real and enforceable. In scotland a contract exists if there is an offer by one party and an acceptance by another, there does not need to be any consideration, financial or otherwise.
Verbal contracts are probably the most common type of contract in use every day. Every time you buy anything in a shop or a pub or similar you are doing so by contract and mostly those will be verbal contracts.
The issue though, as has been said, is providing corroboration of a verbal contract.

Sent from my G8441 using Tapatalk

RoxburghHibs
11-02-2019, 09:32 PM
Started off as a hypothetical query an has turned in to serious concern for some that Celtic might want him to stay, not sure why they'd think that.

He's coming to Hibs, i think we all know that.

He’s signed a contract for Hibs.

BILLYHIBS
11-02-2019, 09:39 PM
He’s signed a contract for Hibs.

This!

ian cruise
11-02-2019, 09:47 PM
He’s signed a contract for Hibs.

I know, I never doubted he would be here next season

Smartie
11-02-2019, 10:14 PM
Getting Scott Allan and a manager who knows how to get a performance out of Scott Allan is enough reason in itself to renew a season ticket, and that's from somebody who is sick of the sight of this season.

malcolm
11-02-2019, 10:23 PM
He’s signed a contract for Hibs.

Technically he’s signed a ‘pre-contract’ between himself and Hibs that commits him to sign for Hibs for 3 years. There is no reason to think this will not happen although in theory it could. Regards the question of enforceability and how the agreaved party would then pursue resolution, this would probably be thrashed out behind the scenes, and not via legal remedy, should that unlikely event occur.

All this is an exercise of unrealistic speculation. Far too many flights of fancy on the go on this board at present though this one pales in comparison with much of the board/Lennon hoohah. :wink:

Jdawg
12-02-2019, 07:20 AM
Common misconception in Scotland that a verbal contract is legally binding. Only a written contract is in any way binding.

However I would imagine that there is a full written contract between Hibernian FC and Scott Allan. This will have a start date that begins once his current Celtic contract expires. Not ITK on player contracts but have a lot of experience of other contracts mainly property.

Contracts can be done verbally in Scotland (unless they fall under within the requirement of writings Scotland act 1995. Hard to prove in some cases though.

If an agreement is a gratuitous unilateral obligation then it must be in writing to be enforceable as it deemed a promise.