Why would Wigan pay Cas anything given Cas sacked him and be become a free agent?

Hardly a million miles away is it.

He's signed.

Because there is precedent for Cas to go after Hardaker for breach of contract if he signs for someone else. If it’s £150k they go after, as I said above, you’d imagine it would be settled out of court with Wigan paying an element of the original transfer fee.

I’m no expert but if Cas have sacked him they have no right in holding his registration have they?

Quote ="hengirl"I’m no expert but if Cas have sacked him they have no right in holding his registration have they?'" https://www.google.co.uk/amp/s/amp.theg ... tu-chelsea As above, precedent exists for Cas to go after the player for breach of contract as in the Mutu case. Wigan will no doubt be aware of this and realistically if legal action is threatened/taken, you would imagine Wigan will settle out of court with a payment akin to a transfer fee. Depends if Cas have the appetite.

Quote ="hengirl"I’m no expert but if Cas have sacked him they have no right in holding his registration have they?'" https://www.google.co.uk/amp/s/amp.theg ... tu-chelsea As above, precedent exists for Cas to go after the player for breach of contract as in the Mutu case. Wigan will no doubt be aware of this and realistically if legal action is threatened/taken, you would imagine Wigan will settle out of court with a payment akin to a transfer fee. Depends if Cas have the appetite.

My understanding is that Cas will pursue for BoC.
It’s a much clearer case than the Solomona one that we did persue.
No surprise either than Jon Wells was appointed after the Solomona affair and during Hardaker’s suspension. He’s a qualified solicitor and knows his stuff.
I’m ng sure why Wigan would pay anything to Cas. The BoC was by him and he’s personally liable for the consequences.

In that case as you say the club sued the player to recoup the transfer fee. For Wigan to pay any such fine on his behalf would be problematic. It would be classed as income by the tax man and no doubt by the salary cap auditor. How a deal done outside of that would be viewed, God knows. If Cas don't hold his registration it's not a transfer and if Wiganj refused to pay and Cas went after the player and won that would put an end to any move because I doubt he can afford to pay up and clubs can't just pay it for him. So I take your point there may be money involved but I doubt it would be close to £150K. Then again that was a Fifa decision the player should pay and it went to the Court of Arbitration for Sport when he appealed. I am not sure if the RFL as governing body is going to or even has the ability to force players to pay back transfer fees. Cas would have to threaten to take the player to court I think.

150k is only the beginning. He’s also liable for the cost of any replacement and indeed loss of sponsorship etc. If Cas spend 100k on a new full-back, Hardaker is personally liable for that.
If Wigan paid to settle the case on his behalf, I’d imagine it would be against the spirit of the salary cap, if not a more obvious breach of it. Clubs can’t simply make payments on behalf of players.
If I was in Zak Hardaker’s shoes and he’s signed for Wigan, I’d be a very worried man. Cas have shown in the Solomona case that we are determined to seek to recoup financial loss and his is a more simple BoC case than that one.
He’s a high earning athlete with assets. I suspect we would be looking at a figure in the region of £250k. He’ll easily earn enough to pay that over the course of his next contract. It might mean paying Cas 50k a year out of his substantial salary for the next five years, but he’ll have to do it.
Simple rule of life - all actions have consequences.

Interesting info on the Mutu case - [urlhttp://www.5rb.com/case/chelsea-fc-v-mutu-cas/[/url

What we don't know are the terms of each contract, especially so in relation to breach of contract and associated compensation.

There are a number of specifics in relation to the Mutu case that might not be applicable to Hardaker - for FIFA or FA think RFL and then decide if they are as professional and have the same systems and processes.

Unfortunately for Hardaker, it’s in his contract. This was specifically outlined at the WADA hearing.

But in the case of Solomona you accepted about half of what you went for, so soubt it will be anywhere near £250k.

On the salary cap/transfer fee point I’ll be honest I’m not sure about it but don’t think it’s that simple. For example, the Harris from Cardiff to Bradford transfer where Bradford paid around £500k to Leeds.

And if Hardaker is a marquee player, not that he is, Wigan could essentially increase his salary to cover the additional costs and it would still count as £150k?

. Haven't seen the WADA info - what did it say?

Quote ="Wigan6/Leeds1 Andy". Haven't seen the WADA info - what did it say?'" https://www.ukad.org.uk/assets/uploads/ ... cision.pdf Point 4. Basically that signing a contract he agreed to be bound by the RFL anti-doping regulations.

Quote ="Wigan6/Leeds1 Andy". Haven't seen the WADA info - what did it say?'" https://www.ukad.org.uk/assets/uploads/ ... cision.pdf Point 4. Basically that signing a contract he agreed to be bound by the RFL anti-doping regulations.

I was thinking more in terms of the RFL having a DRC that could decide compensation etc and it being written into contracts etc.

The Solomona case was a bit more complex that Hardaker’s though. It was harder to put a value in the financial loss, as he joined for nothing!
In this case, the financial loss is much easier to value.

The Harris case was different. In that case, the action was brought by one club against the other, if I remember correctly. They claimed that Bradford induced Harris to breach the contractural agreement he had with Leeds. This isn’t the case with Hardaker. He’s personally liable for the financial loss suffered by Cas and as such any payment made by Wigan to settle the case would be deemed to be a payment to a player, I would imagine.

Indeed, Wigan could name him as a marquee player and pay him what they want, so he has enough to cover any payment to Cas. I can’t imagine they will though. Why would they waste a marquee player spot when they don’t need to? It’s Hardaker’s problem, not Wigan’ s.

It was for Scott Taylor

Just on Hardaker vs Barba, hopefully he does better than when they met in the NRL, when Barba bumped Hardaker off easily to score a try. Whilst I think Hardaker is a bit of an idiot and an off-field accident waiting to happen, I genuinely hope he comes back and stars again. A year out of the game with no income is a pretty big punishment in the context of a ten year career, and like it or not he is a quality player which SL desperately needs. Maybe spending a lot of time over the Pennines will help him off-field.

Mutu was ordered to pay £14.3m, which included interest. This figure represented the proportion of his transfer fee based on the remaining period of his contract before he was sacked. It did not include a replacement purchase.

Hardaker was bought for £150K and signed a 4.5 year deal. He was sacked 8 months later. By my reckoning, the absolute maximum Cas could sue for would be for £127K, which equates to his value over the remaining length of his contract.

Think you’re telling the wrong person here mate, I’m not the one thinking it will be £250k!

Barba v Hardaker.

Barba
Pros
Is a better playmaker, plays very well as a second pivot chiming into the line, great hands, footwork and decision making, still plenty of pace.
Cons
Defence. He's another one who's defensive duties are over looked due to his attacking ability. Tackling, cover play and under the highball are all well under world class.

Hardaker
Pros
Defence. 6'3, excellent under the high ball. positionally great, often takes down an attacker one on one. Fast, very good in broken play.
Cons
Passing and decision making. Not up the standard of Barba or Tomkins, yet still good.

There's an argument to say either one is the better.

Where have you found this? The information I can find says he had to pay the wasted costs of the transfer fee spent on him and the cost of his replacement. You might have seen something I haven’t though?
In terms of the £150k, you need to remember that Cas had signed him on loan for the whole 2017 season. The £150k fee was for his services from 2018 onwards, so there was no amortised part of the fee. The whole £150k would be considered unamortised.

And has Mutu paid anything to Chelsea yet?

Far as I can see he didn’t pay a penny to them,prescient or not Wigan won’t pay a penny to Cas as they sacked him and as such have no claims on the player,they chose to sack him for some reason and not wait his ban out so the loss is on Cas surely as they acted,in my opinion far too hastily in sacking him.

No he hasn’t paid them as he can’t afford to but it did pretty much signify the end of his career. I’m not arguing Cas will win any legal battle but that should they go down the legal route, which the precedent exists to, it’s not a comfortable situation to be in for Hardaker and if he signs, Wigan.

I agree though, Cas did act fat too hastily now fans are clambering to get him back.

I’m not sure Cas fans want him back. I certainly don’t and most people I speak to don’t.
There are those on the Castleford forum that do, but my gut feeling is that they are in a minority. It’s not helped by the fact we didn’t really have the chance to replace him so we’ve had five different full backs so far this year.
I don’t see why it’s an issue for Wigan though. The club are entitled to sign him. Cas’ legal action, if there was to be any, would be against Hardaker personally and not Wigan.
I suppose the only worry for Wigan is the impact that being chased for lots of money might have on an already volatile player.