The flight was arranged by McKay but?
It seems Mark McKay admitted to arranging the flight. However, he was not the agent of the passenger (at least not formally). Was Mark McKay acting as agent for Cardiff City or Nantes or was he effectively agent for Sala? Did he do something wrong by arranging the flight. Did the pilot do something wrong? Did the beneficial owners of the aircraft do something wrong? Are the beneficial owners protected from liability by virtue of the trust arrangement? Could the trustees be liable?
These are just some of the questions that will no doubt occupy lawyers and courts for some time.
On the basis of the information available I would not have elected to fly at night over water in marginal weather in a single piston engine aircraft. I suspect that many pilots and passengers would also have chosen not to fly. Sala was under pressure to be in Cardiff for training and perhaps that was the irrational factor that caused the choice to fly. It is a tragic story.
I cannot imagine the grief and regret of all concerned; in particular the families and friends of those missing. I hope that this tragedy will result in some changes to reduce the chances of this kind of incident from reoccurring. When in doubt, stay on the ground. I also hope that the authorities will resume the search for several days more, for the sake of the families. Hopes may be remote at this stage, but not absolutely impossible if there was a life-raft available. The lack of debris may suggest that the aircraft did not disintegrate on impact and has sunk largely intact. However, the safety of the SAR personnel must also be a factor in any decision.