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ESI 1 v ESI 2 - Initial Hearing 01-02/09/2020, Court of Appeal 17/09/2020 (p127)

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Comments

  • LargeAddick
    LargeAddick Posts: 32,559
    I think everyone is jumping the gun a little. 
    They won't get an appeal heard in 7 days. 
    Week today I think Sandgaard will have a small window to buy the club between the end of a temporary induction and the apeal going ahead 
    the appeal isn't a hearing, a Judge reviews all the documentary evidence. If he decides to give them leave to appeal then I'd assume they'd ask for the temporary injunction to be extended.
  • There is probably something that they will come up with on the 9th to prevent it further more . It’s bloody ridiculous 
    This. Even knowledge of a date at the court of appeals will mean they can grant extra time. 

    It's an injunction and the judge has basically fully backtracked on his verdict yesterday. 
    The week is to appeal to the court of appeal to get a date, not to have the actual hearing there. Any hearing would be months, even a year away

    It's incredibly unlikely to be granted
    it's to appeal to the Court of Appeal to allow them to appeal the injunction decision
    The Court of Appeal won't examine the case next Wednesday

    The week is to allow Lex to appeal to the Court of Appeal to get a hearing in the first place. The likelihood is that this will be rejected
  • Judge awards Panorama costs of £20,430.
  • CAFCsayer
    CAFCsayer Posts: 10,223
    I think everyone is jumping the gun a little. 
    They won't get an appeal heard in 7 days. 
    Week today I think Sandgaard will have a small window to buy the club between the end of a temporary induction and the apeal going ahead 
    Yup, my thinking exactly... Contract will be there now ready to sign 
  • blackpool72
    blackpool72 Posts: 23,668
    MarcusH26 said:
    This absolutely bizarre, what's with all the pathetic delaying tactics when there's a willing buyer waiting to complete? Another week without signings now too 
    It will be weeks. The EFL are unlikely to stop the embargo as soon as there is a takeover. They take weeks or months to make judgment on anything .
    Exactly. 
    The EFL take longer to make a decision than ELF takes to have a shit 
  • fadgadget
    fadgadget Posts: 1,391
    So, if I have this right.

    PE wanted to stop the sale of the club so wants an injunction.

    Injunction denied.

    PE appeals that decision. 

    Appeal denied.

    Appeals the appeal to the Court of Appeal. 

    Granted.

    Why the feck not just go straight to the top in the first place.

    I hasten to add I don't think the Court of Appeal is the furthest they can go. Royal Court of Justice ??
    The RCJ is the building where the Court of Appeal is based. 
    Front row seats for me , thats where i work !
  • Chaisty asks for stay on costs pending a final determination based on an appeal, if allowed, as recovery from Panorama would be difficult if the decision was overturned.
  • Rothko
    Rothko Posts: 18,801
    The embargo is in because there isn't proof of funds, once that's satisfied they'll lift the embargo. 

  • Could be enough of a delay to lose Phillips and Matthews though.
    As well as the 5-6 players Bowyer and Gallen have lined up. They may all decide to join someone else now. 
  • LargeAddick
    LargeAddick Posts: 32,559
    Will we have the same judge next week. 
    no, it's going to the Court of Appeal. No hearing, just a Judge reviewing the documentary evidence and deciding to allow the appeal or not.
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  • LargeAddick
    LargeAddick Posts: 32,559
    There is probably something that they will come up with on the 9th to prevent it further more . It’s bloody ridiculous 
    This. Even knowledge of a date at the court of appeals will mean they can grant extra time. 

    It's an injunction and the judge has basically fully backtracked on his verdict yesterday. 
    The week is to appeal to the court of appeal to get a date, not to have the actual hearing there. Any hearing would be months, even a year away

    It's incredibly unlikely to be granted
    it's to appeal to the Court of Appeal to allow them to appeal the injunction decision
    If court of appeal say they can appeal then will there be an additional injunction on top of the 7 days?
    I'd guess so, to allow the actual appeal to be heard
  • Scratchingvalleycat
    Scratchingvalleycat Posts: 759
    edited September 2020
    The judge has given them seven days  to seek permission from the Court of Appeal to allow them to lodge an appeal. This will be one appeal judge hearing from a QC that another judge has misled himself to sufficiently misinterpret the situation in the decision he came to.  Most of these fail since it is unusual  for  the appeal court judge to try and second guess the  original judge. However, Judge Pearce did not give them the right to appeal to himself  which means he has stood by his decision but has given Chaisty a chance to appeal to seek the right to appeal from another judge, but this must be heard within the seven days. Judge Pearce gave as part of his reasoning  yesterday that the club itself was at risk if he granted their injuction. This will be noted by the appeal court jusge deciding whether to give Lex Dominus  the right to appeal to the Court of Appeal (three judges sitting in several months time). However I think it may be possible for the appeal court judge to grant them right to an appeal but not extend the injunction on the grounds of the damage that would likely cause.

    My guess is that  this is buying time for his client to try and secure a payment from Sandgaaed to go away. 
  • mendonca
    mendonca Posts: 9,405
    Tomorrow is just about costs and stuff about 98% of the board said yesterday!
  • ct_addick
    ct_addick Posts: 4,333
    Really though today was just to decide costs.......I wish we were warned the judge could backtrack his decision albeit temporarily.
  • Cafc43v3r
    Cafc43v3r Posts: 21,600
    edited September 2020
    So, if I have this right.

    PE wanted to stop the sale of the club so wants an injunction.

    Injunction denied.

    PE appeals that decision. 

    Appeal denied.

    Appeals the appeal to the Court of Appeal. 

    Granted.

    Why the feck not just go straight to the top in the first place.

    I hasten to add I don't think the Court of Appeal is the furthest they can go. Royal Court of Justice ??
    The RCJ is the building where the Court of Appeal is based. 
    House of Lords, it won't get in front of the ECJ in time......

    Sorry that was in answer to @golfaddick
  • MattF
    MattF Posts: 3,797
    So potentially they could make their appeal to the CoA tomorrow, presumably nothing is nailed down to happen in 7 days time, thats just a window for Elliott to make his appeal
  • MattF said:
    So potentially they could make their appeal to the CoA tomorrow, presumably nothing is nailed down to happen in 7 days time, thats just a window for Elliott to make his appeal
    They'll drag out the seven days... Of that I'm certain, whats in it for them to rush?
  • Stig
    Stig Posts: 29,021
    limeygent said:
    This is on Farnell's Facebook page.


    I have nothing but contempt for anyone who would post such a shitty, condescending, self-congratulatory meme. And that's before considering that it looks a bit too Millwall for my liking.

    I can't possibly commit to type what I hope happens to Farnell.
  • Scoham
    Scoham Posts: 37,376
    So what are all the possible outcomes over the next week?
  • RedJohn
    RedJohn Posts: 597
    so who pays legal costs to Panorama?
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  • Redrobo
    Redrobo Posts: 11,330
    Scoham said:
    So what are all the possible outcomes over the next week?
    The crooks re negotiate who gets what.
  • Hearing is brought to a close by Judge Pearce.
  • RedJohn said:
    so who pays legal costs to Panorama?
    At the moment Lex I think, if they win their appeal then Panorama pay Lex
  • I am so down after yesterday feel like a massive kick in the nuts. 

    I can not describe my hatred for all in this ESI 1 and 2.


  • stonemuse
    stonemuse Posts: 33,995
    RedJohn said:
    so who pays legal costs to Panorama?
    At the moment Lex I think, if they win their appeal then Panorama pay Lex
    That’s my understanding  
  • golfaddick
    golfaddick Posts: 33,623
    There is probably something that they will come up with on the 9th to prevent it further more . It’s bloody ridiculous 
    This. Even knowledge of a date at the court of appeals will mean they can grant extra time. 

    It's an injunction and the judge has basically fully backtracked on his verdict yesterday. 
    The week is to appeal to the court of appeal to get a date, not to have the actual hearing there. Any hearing would be months, even a year away

    It's incredibly unlikely to be granted
    it's to appeal to the Court of Appeal to allow them to appeal the injunction decision
    The Court of Appeal won't examine the case next Wednesday

    The week is to allow Lex to appeal to the Court of Appeal to get a hearing in the first place. The likelihood is that this will be rejected
    I wouldn't bet on it.......this us CAFC don't forget.

    My betting is that the COA will grant an appeal & therefore the injunction will not only stay in force but will be extended until an appeal is heard, which could be months.

    We are screwed. Anyone who thought Judge John Deed yesterday was on our side had better think again. Only needed a nudge from their lawyer today to get him to Google what's going on with regard to the takeover & he bends over & let's them shaft him. Would have been better yesterday to bring it all up then, even if you couldnt. 

    The law is an ass 
  • The judge has effectively said that he doesn't believe Sandgaard's interest in buying Charlton will be affected by a short delay.
    No but our season will be.

    Less time to get new players in

    The 5 players Bowyer has lined up may ho elsewhere 

    Matthews may go elsewhere.



    Seriously what is the point in holding up the sale, all its gonna do is mess up our season 
    This, this week was massive regarding the squad and it’s gone now, Bowyer still toying between which under 17 will make the bench at crewe, this week injunction could set us back a season or two, you might think I’m being dramatic, but we now start the season with our worst squad for years.
    It really doesn't

    There will still be 40 games to go by the time the window closes. And then there's the January window

    We couldn't fill our bench when we played Sunderland 2 years ago, but brought in several players after the season started


  • stonemuse said:
    RedJohn said:
    so who pays legal costs to Panorama?
    At the moment Lex I think, if they win their appeal then Panorama pay Lex
    That’s my understanding  
    so they think its a worth while gamble that this is settled before or they win? 
  • ME14addick
    ME14addick Posts: 9,761
    The whole lot of them are a load of slime bugs, really hope they all end up in jail where they belong.
  • There is probably something that they will come up with on the 9th to prevent it further more . It’s bloody ridiculous 
    This. Even knowledge of a date at the court of appeals will mean they can grant extra time. 

    It's an injunction and the judge has basically fully backtracked on his verdict yesterday. 
    The week is to appeal to the court of appeal to get a date, not to have the actual hearing there. Any hearing would be months, even a year away

    It's incredibly unlikely to be granted
    it's to appeal to the Court of Appeal to allow them to appeal the injunction decision
    The Court of Appeal won't examine the case next Wednesday

    The week is to allow Lex to appeal to the Court of Appeal to get a hearing in the first place. The likelihood is that this will be rejected
    I wouldn't bet on it.......this us CAFC don't forget.

    My betting is that the COA will grant an appeal & therefore the injunction will not only stay in force but will be extended until an appeal is heard, which could be months.

    We are screwed. Anyone who thought Judge John Deed yesterday was on our side had better think again. Only needed a nudge from their lawyer today to get him to Google what's going on with regard to the takeover & he bends over & let's them shaft him. Would have been better yesterday to bring it all up then, even if you couldnt. 

    The law is an ass 
    Was ridiculous that the judge let them ignore the takeover yesterday yet use it as evidence today

    Nothing has changed despite MM's statement on the OS - It remains press speculation
This discussion has been closed.