Attention: Please take a moment to consider our terms and conditions before posting.

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

1107108110112113175

Comments

  • It's disappointing but let's all calm down and assess things. 

    Personally I still think it's unlikely they will get a longer injunction and so I truly believe that TS will be the owner of the club by Friday 11th September. 
  • Seriously, no point in anyone emailing Chaisty abuse or anything for that matter. All is does is assist Elliott and co casting our fanbase in a bad light. 

    He is a barrister. He is paid to represent clients. He doesn't necessarily have to agree with them, but it is his job to represent whether he agrees or not. 
    With all fairness tho, Chaisty could be the sole reason why we no longer exist.
    Disagree I sent an upbeat article......makes me feel better
  • It's disappointing but let's all calm down and assess things. 

    Personally I still think it's unlikely they will get a longer injunction and so I truly believe that TS will be the owner of the club by Friday 11th September. 
    i am not letting myself believe this until it's done now. Everyone assumed today was nothing to worry about yet here I am angry and shitting myself. 
  • It's disappointing but let's all calm down and assess things. 

    Personally I still think it's unlikely they will get a longer injunction and so I truly believe that TS will be the owner of the club by Friday 11th September. 
    i am not letting myself believe this until it's done now. Everyone assumed today was nothing to worry about yet here I am angry and shitting myself. 
    Understandable. It's a small win for them, but our win yesterday was far bigger. 
  • edited September 2020
    Seriously, no point in anyone emailing Chaisty abuse or anything for that matter. All is does is assist Elliott and co casting our fanbase in a bad light. 

    He is a barrister. He is paid to represent clients. He doesn't necessarily have to agree with them, but it is his job to represent whether he agrees or not. 
    With all fairness tho, Chaisty could be the sole reason why we no longer exist.
    Worded wrong shouldn't say "sole reason" I apologise. But it feels like he is bringing us down in the mud along with farnell elliott etc. I know it's his job. But that still doesn't help me and makes me f#####g raging our club could be no more.
  • Sponsored links:


  • What bearing will yesterday's decision have on the judge at the court of appeal? Will he have to acknowledge that the injunction was refused twice? Do they get to submit new evidence to the court of appeal?
  • He has really not enjoyed being bested by a young girl, has he.  It's really eating his noodle.

    Show some respect.  She's a woman, not a young girl.  Didn't her tweets refer to having a daughter going off to university?
  • Seriously, no point in anyone emailing Chaisty abuse or anything for that matter. All is does is assist Elliott and co casting our fanbase in a bad light. 

    He is a barrister. He is paid to represent clients. He doesn't necessarily have to agree with them, but it is his job to represent whether he agrees or not. 
    With all fairness tho, Chaisty could be the sole reason why we no longer exist.
    Hardly. Elliott, Farnell, their solicitors, the EFL, the decision by a court of appeal, the decision by the judge today

    Regardless of that, nothing warrants him being emailed, abused or the like. It achieves nothing and just makes us look bad. 
    To be fair to the judge, he denied the injunction yesterday, and denied the appeal today.

    I don't believe he is allowed to deny the appeal to Court of Appeals which Chaisty brought up at the end. Judge has probably helped as much as possible by only offering a 7 day rule, I'm sure Chaisty would have wanted longer. 
    I would like it made clear, I have no objection to that and I agree with you. I am purely objecting to the argument that Chaisty could be the 'sole reason'- that's without getting into all the individuals involved from day one of Duchatelet onto ESI v2. 


  • cafcpolo said:
    Clarky said:
    Clarky said:
    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. Unintentional legalised blackmail?
    Thank you for this. So the Court of Appeal has to consider this within 7 days, any longer and ESI 1 can sell. Even if they do consider within 7 days they are unlikely to grant the appeal, so  ESI 1 can sell. And even if they do grant leave to appeal to the Court of Appeal they might not extend the temporary injunction so ES1 1 could sell. So the odds are still in our favour. 
    That is the most optomistic post I have ever seen. 

    Please God you are correct 
    I could add that TS could pay off PE within 7 days, and ESI 1 can sell.
    I don't think PE wants paying off, otherwise he'd be gone by now and this would be over. If he does, he wants a hell of a lot more than to cover his loses.
    Ok, put it this way for example. Say TS is prepared to pay £6m for the club and says to ESI 1 and 2 sort it out amongst yourselves as to who gets what . Do you then think they would want the expense of going to trial in November when one of them could end up with nothing?
  • Worst thing, for me, is that this is obviously correct. We all know that the minute TS pays Panorama, Panorama is going to transfer the money to Nimar's account and then fold, leaving Lex Dominus to try and sue the former director of a no-longer-existent business in the UAE's courts. I honestly cannot see how the injunction will not be extended until the trial on that basis, because otherwise you are offering a remedy that everyone knows is not really a remedy.
  • Worst thing, for me, is that this is obviously correct. We all know that the minute TS pays Panorama, Panorama is going to transfer the money to Nimar's account and then fold, leaving Lex Dominus to try and sue the former director of a no-longer-existent business in the UAE's courts. I honestly cannot see how the injunction will not be extended until the trial on that basis, because otherwise you are offering a remedy that everyone knows is not really a remedy.
    I think that was brought up today though and it didn't hold enough water for the judge to allow them to appeal
  • Unlike London, Manchester could take trial in November so in order to achieve a speedy trial strong argument to hold it in Manchester. Declines transfer.

    Well, we are under an transfer embargo so I'm not surprised.
  • Worst thing, for me, is that this is obviously correct. We all know that the minute TS pays Panorama, Panorama is going to transfer the money to Nimar's account and then fold, leaving Lex Dominus to try and sue the former director of a no-longer-existent business in the UAE's courts. I honestly cannot see how the injunction will not be extended until the trial on that basis, because otherwise you are offering a remedy that everyone knows is not really a remedy.
    Then why not grant the injunction yesterday? If this injunction is extended it's the same thing isn't it? 
  • edited September 2020
    Worst thing, for me, is that this is obviously correct. We all know that the minute TS pays Panorama, Panorama is going to transfer the money to Nimar's account and then fold, leaving Lex Dominus to try and sue the former director of a no-longer-existent business in the UAE's courts. I honestly cannot see how the injunction will not be extended until the trial on that basis, because otherwise you are offering a remedy that everyone knows is not really a remedy.
    That's besides the point though. At this moment in time there's nothing saying that Nimer owes Elliott one penny. No Judge should award an injunction on the basis that Nimer will run with the money because legally, he doesn't owe Elliott one penny yet. 
  • Sponsored links:


  • Seriously, no point in anyone emailing Chaisty abuse or anything for that matter. All is does is assist Elliott and co casting our fanbase in a bad light. 

    He is a barrister. He is paid to represent clients. He doesn't necessarily have to agree with them, but it is his job to represent whether he agrees or not. 
    With all fairness tho, Chaisty could be the sole reason why we no longer exist.
    Hardly. Elliott, Farnell, their solicitors, the EFL, the decision by a court of appeal, the decision by the judge today

    Regardless of that, nothing warrants him being emailed, abused or the like. It achieves nothing and just makes us look bad. 
    To be fair to the judge, he denied the injunction yesterday, and denied the appeal today.

    I don't believe he is allowed to deny the appeal to Court of Appeals which Chaisty brought up at the end. Judge has probably helped as much as possible by only offering a 7 day rule, I'm sure Chaisty would have wanted longer. 
    I would like it made clear, I have no objection to that and I agree with you. I am purely objecting to the argument that Chaisty could be the 'sole reason'- that's without getting into all the individuals involved from day one of Duchatelet onto ESI v2. 


    Agree with you too. 
  • edited September 2020

    To be fair to the judge, he denied the injunction yesterday, and denied the appeal today.

    I don't believe he is allowed to deny the appeal to Court of Appeals which Chaisty brought up at the end. Judge has probably helped as much as possible by only offering a 7 day rule, I'm sure Chaisty would have wanted longer. 
    They were always going to appeal, they said. The judge can't stop them going to the Court of Appeal, that's what it is there for (he denied them the right to take it to another judge). The new thing is the 7 day injunction and the possibility, however small, that this could be extended at some stage, preventing the sale of the company that owns the football operations of CAFC.
  • I fear the worst now 
  • Worst thing, for me, is that this is obviously correct. We all know that the minute TS pays Panorama, Panorama is going to transfer the money to Nimar's account and then fold, leaving Lex Dominus to try and sue the former director of a no-longer-existent business in the UAE's courts. I honestly cannot see how the injunction will not be extended until the trial on that basis, because otherwise you are offering a remedy that everyone knows is not really a remedy.
    I do not know if it is possible or legal, but if TS agrees a fee with Panorama to buy the club, the deal goes through, but the money is paid into an independent account until after the trial in November. After the result of that, the winner takes the money, less expenses for the lawyer who has been holding the money
  • 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.
    I'm more concerned as to whether we will have a club to support, rather than which U17 will make the bench at Crewe.

  • That's besides the point though. At this moment in time there's nothing saying that Nimer owes Elliott one penny. No Judge should award an injunction on the basis that Nimer will run with the money because legally, he doesn't owe Elliott one penny yet. 

    I most certainly hope that you are right, and I am definitely no legal expert so you probably are.
  • Talal said:
    Worst thing, for me, is that this is obviously correct. We all know that the minute TS pays Panorama, Panorama is going to transfer the money to Nimar's account and then fold, leaving Lex Dominus to try and sue the former director of a no-longer-existent business in the UAE's courts. I honestly cannot see how the injunction will not be extended until the trial on that basis, because otherwise you are offering a remedy that everyone knows is not really a remedy.
    Then why not grant the injunction yesterday? If this injunction is extended it's the same thing isn't it? 
    Exactly. My opinion is that Elliott has not provided enough evidence to prove he owns the club. I'd really like to see the EFL reject him ASAP now!
  • So the big issue is more wether they are allowed to extend the injunction, something they have been advised against?

  • That's besides the point though. At this moment in time there's nothing saying that Nimer owes Elliott one penny. No Judge should award an injunction on the basis that Nimer will run with the money because legally, he doesn't owe Elliott one penny yet. 

    I most certainly hope that you are right, and I am definitely no legal expert so you probably are.
    I do get what you are saying. I do think if Nimer sells the club then Elliott will never see or hear from him again. Panorama Magic will disappear and so he's got zero chance of recovering any costs. 

    BUT, let's not forget that no judgement has been passed that said Panorama owe Elliott a penny. It's dangerous for a judge to assume what Nimer might do, it's essentially throwing accusations around. 
  • ross1 said:
    Worst thing, for me, is that this is obviously correct. We all know that the minute TS pays Panorama, Panorama is going to transfer the money to Nimar's account and then fold, leaving Lex Dominus to try and sue the former director of a no-longer-existent business in the UAE's courts. I honestly cannot see how the injunction will not be extended until the trial on that basis, because otherwise you are offering a remedy that everyone knows is not really a remedy.
    I do not know if it is possible or legal, but if TS agrees a fee with Panorama to buy the club, the deal goes through, but the money is paid into an independent account until after the trial in November. After the result of that, the winner takes the money, less expenses for the lawyer who has been holding the money
    THIS!!!! Why can’t this be done? Or can it? Surely it’s problem solved this way?!
This discussion has been closed.

Roland Out Forever!