djchapsticks Posted June 14, 2015 Report Share Posted June 14, 2015 What next?? The baw hits your face during a game & u sue. Someone tackles u & u sue. Get tae f**k!! You do realise this actually happens and has done for years? Long term injuries usually get claimed against the insurance by clubs to cover cost of wages whilst a player rehabs. Quote Link to comment Share on other sites More sharing options...
shull Posted June 14, 2015 Report Share Posted June 14, 2015 It is pathetic. The Lawyer is at it. And we are not trying to be f**king Perry Masons. Major grudge time. Quote Link to comment Share on other sites More sharing options...
shull Posted June 14, 2015 Report Share Posted June 14, 2015 HiA lot of people on here who I didn't realise were Perry Masons in training. A lot of people on this thread are acting in a really pathetic and childish manner. Aye, good for you. It's a football forum. Not the Court of Session. Wind yir neck in. Lol Quote Link to comment Share on other sites More sharing options...
djchapsticks Posted June 14, 2015 Report Share Posted June 14, 2015 I certainly wouldn't sue my company. If I'm 1 of 2 work colleagues fannying around & I come out worse then I would accept it as an accident & move on That clearly never happened anyway. McGinn wasn't fannying about. Thompson got nutmegged and left on his arse in training, in frustration or as a joke, he picked the spike out of the ground and threw it at McGinn who was running away with the ball. This came from Thommo himself and was circulated to every major news outlet in the country, so I don't get how you turned that into both of them 'fannying about'. McGinn was clearly blameless and did nothing to warrant it. I appreciate your love for the club, but please don't let this loyalty blind you to the actual facts. McGinn is 100% right to go this route. Quote Link to comment Share on other sites More sharing options...
zurich_allan Posted June 14, 2015 Report Share Posted June 14, 2015 (edited) Aye, good for you. It's a football forum. Not the Court of Session. Wind yir neck in. Lol No.The ones who need to wind their necks in are the ones who are either criticising McGinn for trying to recoup lost earnings as a result of an incident beyond his control, and the ones coming up with ridiculous conspiracy theories as to why he might be taking legal action. What I was doing was providing some relevant information in response to some of the garbage that's been posted. Edited to add - I like how you edited the quote to make it look like I posted simply an inflammatory short post, completely omitting the vast majority of information I gave to clarify some of the main areas discussed in the thread. Nice. Edited June 14, 2015 by zurich_allan Quote Link to comment Share on other sites More sharing options...
ulysses Posted June 14, 2015 Report Share Posted June 14, 2015 (edited) This thread makes for horrendous reading. At the end of the day, McGinn is perfectly entitled to proceed with this, as is anyone who is injured in the workplace. It is likely that this will pass without issue - the club are talking to their lawyers and the insurance company, and the case is fairly black and white (no pun intended) so it should be sorted fairly quickly. Personally, I think Thommo should apologise for me having to read this thread. Edited June 14, 2015 by ulysses Quote Link to comment Share on other sites More sharing options...
santaponsasaint Posted June 14, 2015 Report Share Posted June 14, 2015 Let him rot in the reserves, until someone pays a fee. Dirty little cretin. Hope our twitter users are giving him dogs abuse on there wouldn't be able to play in the reserves as he wouldn't be a signed player, or until he signs for us or someone else, Contracts ends 1 July, Quote Link to comment Share on other sites More sharing options...
17/03/13 Posted June 14, 2015 Report Share Posted June 14, 2015 wouldn't be able to play in the reserves as he wouldn't be a signed player, or until he signs for us or someone else, Contracts ends 1 July, Yip right enough. He can just rot at home then, lol Quote Link to comment Share on other sites More sharing options...
17/03/13 Posted June 14, 2015 Report Share Posted June 14, 2015 That clearly never happened anyway. McGinn wasn't fannying about. Thompson got nutmegged and left on his arse in training, in frustration or as a joke, he picked the spike out of the ground and threw it at McGinn who was running away with the ball. This came from Thommo himself and was circulated to every major news outlet in the country, so I don't get how you turned that into both of them 'fannying about'. McGinn was clearly blameless and did nothing to warrant it. I appreciate your love for the club, but please don't let this loyalty blind you to the actual facts. McGinn is 100% right to go this route. So you think John has never fannied around during club time?? Although Thommo was in the wrong, he just got unlucky. It was an accident, ffs Quote Link to comment Share on other sites More sharing options...
shull Posted June 14, 2015 Report Share Posted June 14, 2015 No. The ones who need to wind their necks in are the ones who are either criticising McGinn for trying to recoup lost earnings as a result of an incident beyond his control, and the ones coming up with ridiculous conspiracy theories as to why he might be taking legal action. What I was doing was providing some relevant information in response to some of the garbage that's been posted. Edited to add - I like how you edited the quote to make it look like I posted simply an inflammatory short post, completely omitting the vast majority of information I gave to clarify some of the main areas discussed in the thread. Nice. Nothing wrong with the rest of your post, so no need to quote it. Some of us without legal qualifications just passing opinion on a football forum and mostly using common sense. A prank that went wrong and a lawyer making mischief, in my uneducated opinion. Probably pathetic also. Perry x Quote Link to comment Share on other sites More sharing options...
djchapsticks Posted June 14, 2015 Report Share Posted June 14, 2015 So you think John has never fannied around during club time?? Although Thommo was in the wrong, he just got unlucky. It was an accident, ffs Doesn't matter. He wasn't fannying about when he got speared in the leg. That's the crux of it. Quote Link to comment Share on other sites More sharing options...
zurich_allan Posted June 14, 2015 Report Share Posted June 14, 2015 Nothing wrong with the rest of your post, so no need to quote it. Some of us without legal qualifications just passing opinion on a football forum and mostly using common sense. A prank that went wrong and a lawyer making mischief, in my uneducated opinion. Probably pathetic also. Perry x But the crucial part you're missing out is that the prank gone wrong directly resulted in McGinn losing earnings. Are you really saying that he shouldn't be able to get back money he has lost due to this? We're not going to be talking £1m in compensation, we're talking about money he would have earned had he been in a position to play! As I explained in my original post, the courts DO adopt common sense in many cases like this. They tailor their approach to the situation facing them i.e. they recognise that footballing banter is 'a thing', and alter their judgments in line with that. Chances are though that this won't even need to go to court, it'll probably be a very simple paper exercise whereby the club's insurers will pay out a reasonable amount to cover lost earnings and a small amount of legal fees. Quote Link to comment Share on other sites More sharing options...
nosferatu Posted June 14, 2015 Report Share Posted June 14, 2015 Is there any truth in the story that John McGinn is related to an ex Celtic chairman? Quote Link to comment Share on other sites More sharing options...
billymehmet1 Posted June 14, 2015 Report Share Posted June 14, 2015 Ok so club May gave a duty. But surely done sort of disciplinary must be taken for thomo. Quote Link to comment Share on other sites More sharing options...
17/03/13 Posted June 14, 2015 Report Share Posted June 14, 2015 Doesn't matter. He wasn't fannying about when he got speared in the leg. That's the crux of it. Ffs, I've heard all sorts of stories from training grounds...players ripping up clothes with scissors, is that not vandalism?? Players stealing car keys, is that not thieving?? Do the clubs get sued for that also?? Quote Link to comment Share on other sites More sharing options...
saint in exile Posted June 14, 2015 Report Share Posted June 14, 2015 Thing. Is. How can he claim injuries against st mirren. They have done nothing wrong. It was an individual that caused the injury. Nothing to do with the football club Two things. One - the club has a duty of care in law towards EVERYONE in carrying out its business, employee, public, and so on. Two - the 'pole' was a piece of the club's equipment, incorrectly, or even maliciously, used by one of its employees. McGinn is right to sue the club, but he should also sue Thompson. Quote Link to comment Share on other sites More sharing options...
zurich_allan Posted June 14, 2015 Report Share Posted June 14, 2015 Ffs, I've heard all sorts of stories from training grounds...players ripping up clothes with scissors, is that not vandalism?? Players stealing car keys, is that not thieving?? Do the clubs get sued for that also?? But those things, although perhaps resulting in minor loss do not result in ongoing lengthy loss of earnings. Quote Link to comment Share on other sites More sharing options...
17/03/13 Posted June 14, 2015 Report Share Posted June 14, 2015 (edited) But those things, although perhaps resulting in minor loss do not result in ongoing lengthy loss of earnings. What loss of earnings? Who knows if would've been picked to play those games. Not as if he was out for a full season or something Edited June 14, 2015 by 17/03/13 Quote Link to comment Share on other sites More sharing options...
Sonny Posted June 14, 2015 Report Share Posted June 14, 2015 Who McGinn sues will be subject to an investigation which will include a H&S report. Maybe someone in the Club told Thommo to throw the pole - unlikely but until there is an investigation, which John has now initiated, then we do not know who is legally responsible and to what degree. Maybe John will sue both. Quote Link to comment Share on other sites More sharing options...
Sonny Posted June 14, 2015 Report Share Posted June 14, 2015 What loss of earnings? Who knows if would've been picked to play those games. Not as if he was out for a full season or something Like everyone on here you have no idea of St Mirren's H&S policy and its implementation; nor detail of what happened; nor detail of John's injury and actual or potential loss of earnings. The action that John has initiated will get those answers. Quote Link to comment Share on other sites More sharing options...
pozbaird Posted June 14, 2015 Report Share Posted June 14, 2015 A lot of people on here who I didn't realise were Perry Masons in training. Beyond our ken has pretty much covered the issue, so there isn't anything major I'd need to add. Just a couple of points to address in response to some misunderstandings posted here. 1. It absolutely IS to do with the club. The incident happened during working time, within workplace premises, and with workplace equipment, at a time when the players were under coaches supervision. The whole incident is very closely linked to the club in a number of ways. 2. When discussing the fact that this happened as a result of a bit of 'dressing room banter gone wrong' may well be accurate, but this would absolutely NOT absolve the club from all blame. Workplace banter, plus other things like swearing, shouting etc. are not treated as a 'one fits all' case by courts. What is looked at is 'what is the norm in that industry / what is normally deemed acceptable behaviour in that line of work'. This is why in some areas of employment (chefs are one specific example I can cite), it cannot be a disciplinary issue when swearing at each other unless it is really extreme. That situation might be viewed totally differently to the same language being used in a customer facing sales role for example. In terms of footballers, dressing room banter is historical, known to clubs, and generally accepted, and so the question is 'could it be said that Thommo went too far, and did something totally unforeseeable?' or was it just bad luck and a freak accident. If it was bad luck, then the question is 'what guidelines or efforts to stop these things going too far did the club have in place?' and the issue should be raised by McGinn with / against the club. If Thommo went temporarily mental on a one man mission to spear McGinn by collecting a number of poles and reeling them off like a submachine gun, then he should be the one targeted by McGinn's lawyers. I doubt it was the latter. 3. Although it is the club being named in the action, McGinn's legal action is really just against the club's insurers. A lot of people on here are being incredibly unfair to John; he WILL have lost out on income, unless you think he wouldn't have been involved in any of those last few wins of the season. Had he played, he would more than likely have been entitled to be paid a contractual win bonus. I would wonder if the club made a discretionary payment to him to cover that or not? If they did, it MIGHT have negated the legal action. People are talking as though McGinn might be a 50k per week player for whom money is no object. The reality is that he's probably a 50k per year footballer, who might well be relying on pay just to cover ordinary bills. If he has been injured and had his ability to earn money taken away, why the hell shouldn't he be compensated for that??? Oh, and it will be absolutely NOTHING to do with engineering a move away or any other drivel that anyone else would like to mention similar to that, as the level of compsation the club are legally entitled to is in absolutely no way linked to or affected by this legal action. A lot of people on this thread are acting in a really pathetic and childish manner. Potter shites in a pumpkin, someone slips on Potter's shite, it's St Mirren's fault? Vinny Jones and the crazy gang cut up John Scales £500 suit in the dressing room, so Scales sues Wimbledon? Where does it end? Quote Link to comment Share on other sites More sharing options...
17/03/13 Posted June 14, 2015 Report Share Posted June 14, 2015 Surely St.Mirren have lost some earnings partly from Johns shit performances last season, can we sue him?? Quote Link to comment Share on other sites More sharing options...
pozbaird Posted June 14, 2015 Report Share Posted June 14, 2015 Surely St.Mirren have lost some earnings partly from Johns shit performances last season, can we sue him?? I want to sue for the pain caused by Tommy Craig. Still suffering migranes. Quote Link to comment Share on other sites More sharing options...
Lord Pityme Posted June 14, 2015 Report Share Posted June 14, 2015 I can forsee the clubs insurers telling him no deal as they were not liable, and to pursue Thommo as an individual. The problem with that though is the apparent lack of disciplinary sanctions by the club against Thommo, this makes it look like they condone Thommo's actions so if anyone is getting forced out over this it could be the legend spear-chucker? On the outside it looks like it was not properly dealt with by the club (no surprises there then) and that Mcginn has been left with only this action as a course of reddress. Doesnt look good for Thommo's continued playing career at SMP Quote Link to comment Share on other sites More sharing options...
pod Posted June 14, 2015 Report Share Posted June 14, 2015 Surprised all the players haven't sued the club for having to wear last seasons strip. Quote Link to comment Share on other sites More sharing options...
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