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Gareth Barry

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Dragging on far too long for me, give ultimatum and move on if necessary.
Besides, Gibbo back like a new signing.
 

Moomin said:
From a personal point of view, a few years back i left my job to join a competitor. Three months garden leave which was boss, but when i started my new job i was not able to speak to certain customers due to a clause in my old companies contract. I was not employed by them anymore, but legally i was not allowed contact to certain customers for a further six months. It happens, them the rules unfortunately.
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Those types of contractual 'non competition' clauses are virtually unenforcable unless a employee takes information such as IP or commercial information that would jeapodise a product/design or a business arrangement from his former workplace.

The burden of proof is on the previous employer.

You certainly couldn't use that here as Gareth Barry has been at Everton for the past 6 months.

Alot of this was covered in 2007 in Formula One.

http://www.wikipedia.org/wiki/2007_Formula_One_espionage_controversy

The only way that Gareth Barry could be prevented signing for Everton is if he has confidential information related to Manchester City training tactics or similar in his home illegally with the intention to give this to Everton.

As I said he's been at Everton on loan for 12 months.

Good luck with that.

proving he could jeapodise man city now.
 
potato said:
found it!

it is apparently a restraint of trade clause

in my book it states - 'in order to prevent unfair competition after employment ends, it is advisable for an employer, where it is possible, to insert a restrictive covenant into the employee's contract.'

in order for a restrictive covenant to be enforceable:

- the employer must have a legitimate business interest to protect i.e. - trade secrets or highly confidential information which if disclosed to a competititor, would be liable to cause real or significant damage to the owner of the secret.
- trade connections, eg employers' relationships with their customers and clients
- the employer's interest in maintaining a stable and trained workforce.

a restrictive covenant can be valid only if imposed on a person who has such information, for example a senior technical employee with knowledge of trade secrets or a manager or salesperson who has knowledge of trade connections.

the 'blue pencil' test

if a clause is drafted too widely and is found to be in restraint of trade, the court may be able to apply the blue pencil test to sever that part of the clause that is too wide and leave the remainder as an enforceable clause.
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Exactly this.

Barry isn't coaching or commercial staff.

So there is no way on earth a court could enforce this on a footballer.

Especially one who hasn't been in his former workplace in a year
 
Del said:
This all day of the week

he's 33 ffs and he wants 3 years

Jib him off
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100% agree. Don't get me wrong he done well last season, but I personally don't think he was as good as some make out and I think he's easily replaceable.

Far too much money over 3 years for a player of his age.
 
Blue Cheese said:
do we have definitive proof of this £2mil clause? If we do then it's a bit shady to renege on it. It doesn't look good or professional and lacks integrity.
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Considering the money that city have spent and could spend on lawyers who should of told them of an unenforceable clause at the end of the players contract

if we can get out of paying then 2 million good on us.

Theres no 2nd place in business.

And man city previously poached our players

We don't owe them anything and theyre hostile to us. We're a competitor of theirs.
 

potato said:
you cannot enforce and unenforceable term it will be deemed null and void.
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Exactly this.

Moomin said:
If we have signed and agreed to the terms, we should stick to them. I think us trying to fight them will bite us on the arse.
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In the real world if there was an unenforceable clause in a contract and Everton's lawyers say its unenforceable and the courts confirm

Good on us. That's the real world of business.

I'd rather pay 50k of lawyers costs and get Barry than 2 million and get Barry
 
This is like one of those crappy high interest after initial free period they offer when you buy an expensive electrical item - typical Everton.

He's good but its very bad business paying 2 mill for him on top of his wages
 
LinekersLegs said:
Don't like us reneging on agreements both from a moral but also a practical point of view.

City are spending lots of money on their academy and are unlikely to be able to play all their youngsters, we are an obvious club to either loan or buy some of those that cannot make their first team.

Equally there are players like Barry that no longer have a place there that will work well at our club.

Good relationships help with those type of negotiations, seems silly to jeapardise those over a fee we had previously agreed to pay.
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Theyre our competitors.

We wouldn't loan them Barkley or Garbutt. Why should they loan us anyone actually any good.

Barcelona aren't our competitors domestically. It makes sense them loaning players to us.

Does anyone think that loaning us Barry would of been anything other than as a favour to Barry himself. They weren't doing it as a favour to Bill Kenwright. Everton. Or anyone associated with the club.
 
Moomin said:
Why do you think Villa have no money?? I'm pretty sure the past few years of cost cutting has sorted them out, plus the loans they had have been turned into equity to free cash up.
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Senderos. Cole. Mega money.
 

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