Angry Shepherd to Sue Saints

http://www.bbc.co.uk/sport/0/rugby-union/19280937

Thoughts?

I guess if he is not injured and would have passed a fitness test then the 'concerns' could be grounds. I guess it all depends on what was written down and signed etc. I have heard of worse dealings with players though and contracts being offered and then pulled from under their noses, even to the point of whent hey were actually on their way to sign the dotted line.

I think that he should put it behind him seeing as Sale signed him. Had he no club then yes start going for the lawyers but I think rolling up his sleeves and playing the best with Sale would be the best thing for him.

I wonder how much was agreed. I would be surprised if they refused to sign him after signing a contract. It sounds to me like this is a gentleman's agreement made by Saints when they didn't have the full facts.

I don't agree red stag,
Why shouldn't he sue, if he had agree to be paid £x was worthwhile uprooting and moving his family (guessing he has one), they that was suddenly dropped for no grounds (fom players view, courts would decide)
he should be entitled to sue

Carring on with the plan to move since everything was in place and being paid £Y should affect it.

If there was never the Saints deal would he have signed for Sharks for £Y? or would he have been looking much closer to home and abroad for a similar deal, truth is Saints wasted his time, and as such couldn't get the best deal that he could have got.

I agree with Staggy.

Not sure where this action is going to get him - other than embroiled in a long and potentially attritional action. Saints may of course pay to make this go away but my feeling is that they won't have to.

I would be amazed if Saints had signed a binding commitment to CS prior to passing a physical and would also be surprised if their arrangements with him were phrased in such a way as to make signing automatic as soon as he'd passed the fitness tests. And how do you quantify damages? What has he lost now that he has another contract with Sale?

Redpath will also be slightly concerned that if this drags on, it might distract him from his pre-season preparation.

Interesting that the Rugby Players Association are looking into it on his behalf, they are a respected organisation and as far as I'm aware one of the few that manage to cross the political divide between the RFU and PRL. If they find in his favour then it should be a major boost to any future legal action he goes through with.

Saints better have done their paper work thoroughly otherwise he'll be after them for loss of earnings.

What has he lost now that he has another contract with Sale?

Argueably the difference between the two contracts. Few teams are looking to sign players now so he may well have had to take a drop in wages.

It's arguable, Sam, but if I was Saints I would argue that the one subjective part of all this was their fitness requirements. You can always find a way for people to fail a physical if you are setting the criteria.

Also, if Sale have only got him on a one year deal, then you're only talking about an ostensible loss of a third of this high level Saints contract that he was mooted to be offered.
Take away lawyers fees and this sum is looking smaller and smaller.

Don't get me wrong - CS has every right to be p!ssed off if assurances weren't honoured. It's just that a legal forum is seldom the best way to be vindicated.
If he's being well advised, he will accept a nominal sum from Saints which he'll give to charity and give an interview to Stuart Barnes about how he feels much better now.

Pretty much GC, I can't see him getting a big settlement out of the Saints. I can see him dragging their name through the mud as he gets that bit of cash out of them though. That might be a source of satisfaction in itself.

I just hope that he proves Saints wrong in not signing him by staying fit and playing his ring off, that is the perfect way to deal with the situation.

ScarletSpiderman wrote:I just hope that he proves Saints wrong in not signing him by staying fit and playing his ring off, that is the perfect way to deal with the situation.

+1

Doubt it SS, he's lost the chance of being back up 15 at one team to be back up 15 at another. Personally I hope he spends the entire season sat behind you Rob Miller in the pecking order, he is a classy operator and future England international if he keeps developing.

red_stag wrote:I think that he should put it behind him seeing as Sale signed him. Had he no club then yes start going for the lawyers but I think rolling up his sleeves and playing the best with Sale would be the best thing for him.

I wonder how much was agreed. I would be surprised if they refused to sign him after signing a contract. It sounds to me like this is a gentleman's agreement made by Saints when they didn't have the full facts.

Agreed. Even though I can understand his frustration at being messed around the important thing is that he's found a club anyway and therefore there can't be any real harm done.

Knowsit17 wrote:

red_stag wrote:I think that he should put it behind him seeing as Sale signed him. Had he no club then yes start going for the lawyers but I think rolling up his sleeves and playing the best with Sale would be the best thing for him.

I wonder how much was agreed. I would be surprised if they refused to sign him after signing a contract. It sounds to me like this is a gentleman's agreement made by Saints when they didn't have the full facts.

Agreed. Even though I can understand his frustration at being messed around the important thing is that he's found a club anyway and therefore there can't be any real harm done.

But a lesser club. Also it depends whether he had a contract pending a medical, and he failed it,or if he passed but they looked at his track record and decided not to risk it.

The club are in the position of power - they have the financial clout and (probably) half a dozen laptop analysts who could have researched the player's history of injuries/fitness in as much detail as they wanted.

They've changed their minds, for whatever reason, and messed Shepherd around. They should pay him what was agreed in the contract.

His reputation has been damaged, he should sue imo

Saints have come out and said that they sent a medical specialist to Melbourne who discovered an ankle injury that had not been disclosed. They did scans in Melbourne and had them assessed by a UK hospital. They agreed with the Saints doctor. Saints also pointed out that Sale Sharks have also agreed his fitness is a concern and the signing is a gamble.

If thats the case Shephard hasn't a foot to stand on . . . . .if you'll pardon the pun.

red_stag wrote:I think that he should put it behind him seeing as Sale signed him. Had he no club then yes start going for the lawyers but I think rolling up his sleeves and playing the best with Sale would be the best thing for him.

I wonder how much was agreed. I would be surprised if they refused to sign him after signing a contract. It sounds to me like this is a gentleman's agreement made by Saints when they didn't have the full facts.

Normally I'd agree with this as I loathe the litigious culture that has crept into our society. But in this instance the guy has uprooted his family on the basis of a 3 year deal and has ended up with a 1 year contract. Purely speculation, but I'd suggest his wages are lower. So if there is a case for Saints to answer then I feel he has every right to sue for loss of earnings.

Interestingly Gloucester did this to Seru Rabeni a few years ago and he ended up joining Leeds. It would be interesting to know if Glaws did anything different or if Rabeni did just move on in both senses!

red_stag wrote:Saints have come out and said that they sent a medical specialist to Melbourne who discovered an ankle injury that had not been disclosed. They did scans in Melbourne and had them assessed by a UK hospital. They agreed with the Saints doctor. Saints also pointed out that Sale Sharks have also agreed his fitness is a concern and the signing is a gamble.

If thats the case Shephard hasn't a foot to stand on . . . . .if you'll pardon the pun.

I think he should be feeling pretty sheepish about all this personally.....

funnyExiledScot wrote:

red_stag wrote:Saints have come out and said that they sent a medical specialist to Melbourne who discovered an ankle injury that had not been disclosed. They did scans in Melbourne and had them assessed by a UK hospital. They agreed with the Saints doctor. Saints also pointed out that Sale Sharks have also agreed his fitness is a concern and the signing is a gamble.

If thats the case Shephard hasn't a foot to stand on . . . . .if you'll pardon the pun.

I think he should be feeling pretty sheepish about all this personally.....

That ship has Saled. He hasn't exactly been exactly the Saint.

Agreed, it's not as if loads of clubs were flocking towards him.

Who'd have thought that his ankle injury would turn out to be his Achilles Heel

Ive just been reading about this. Apparently he also has issues with his wrist and groin.Sounds like a bit of a w@nker to me

Sounds as tho the terms of his deal with Saints were a bit woolly

It's not the first time the Saints have done this, happened to Joe Van Neikerk too and he has gone on to play nearly 100 games for Toulon!