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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

  • WSS said:
    So nobody gets to speak in the next seven days? Evidence and ruling just gets passed to another judge to make a decision in their pants?
    Essentially yes. He may be in his Jim jams though.
  • Has PE even launched an appeal?
  • Cafc43v3r said:
    kentred2 said:
    Cafc43v3r said:
    cafcfan said:
    Cafc43v3r said:
    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
    Yep, thought there was another strand to it all. Got an O level in Economic & Public Affairs 37 years ago but couldnt remember what was next after COA. 
    Nope.  The Supreme Court replaced the House of Lords as the final arbiters in 2009.
    What about the ECJ or its replacement? 
    This will still be the UK Supreme Court. With the exception of Human Rights and the associated ECHR, the SC is the highest court in Britain.
    Surely ECHR has no jurisdiction here post Brexit?
    Nothing to do with the EU and hence brexit
    I'll think your find it does, it was in Boris's "oven ready" Brexit deal, that no one including the cabinet bothered reading. 

    Well I haven't read it either, so I can't comment on its contents, but the European Court of Human Rights isn't anything to do with the European Union. The European Court of Justice (ECJ) is the supreme court of the European Union, and is unrelated to the European Court of Human Rights.
  • There was too much excitement last night before completion of case. Feels bit amateur...again. When will we learn to get excited at the right time. 
  • Jints said:
    Redrobo said:
    I think the new Judge only gets the trial notes in these cases? 
    There has not been a technical objection, so they are basically saying the judge got it wrong and hoping another judge agrees.
    Good luck with that.
    They get the judgement including refusal by the original judge for appeal, MM witness statement, any other relevant documentation,  a skeleton argument from Lex as to why permission should be granted, a short statement from Panorama saying why it shouldn't.  
    Thanks for the helpful insight.
  • So if people are saying that the injunction will be extended if the COA grant permission to appeal then surely TS will be more inclined to pay them off. Seems too risky otherwise. 
  • Talal said:
    So if people are saying that the injunction will be extended if the COA grant permission to appeal then surely TS will be more inclined to pay them off. Seems too risky otherwise. 
    Or more likely walk away
  • stonemuse said:
    Rothko said:
    I fear the worst now 
    I don’t. It’s a week delay ... which is crap for so many reasons ... but it’s nearly done now. 
    Plus the more you get into this and work through the rational scenarios, it feels to me that as soon as Panorama is free to get shot of its shares it will do so and fast. It is less and less in Nimer's interests to be holding out for a higher price, bringing more parties to the table while legal risks remain in place. 

    Arguably this is now playing out to work against both ESI versions 1 and 2.  Just need TS not to mess around and get it done as soon as he is legally able to do so. 

    It is in both his and Panorama's interests to use the next week to have a deal ready to execute as soon as the current injunction is lifted, and to say nothing publicly in the interim. 

    Separately, I wonder whether LK will continue to represent Panorama after the conflict of interest (not a conflict of interest) issues were raised. I don't know whether Panorama is represented in the application to appeal hearing? One thing her involvement does do, is to settle my mind that this isn't some sort of elaborate grift between the two ESIs. 
  • Is there a chance TS will just pay off PE and buy the club before next week or is that not possible now?
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  • Rothko said:
    Talal said:
    So if people are saying that the injunction will be extended if the COA grant permission to appeal then surely TS will be more inclined to pay them off. Seems too risky otherwise. 
    Or more likely walk away
    I wouldnt say that's more likely. If he doesn't want to pay them off he'd just wait until the COA verdict and hope it's rejected. 
  • Nimmer sort them out.
  • Rothko said:
    Talal said:
    So if people are saying that the injunction will be extended if the COA grant permission to appeal then surely TS will be more inclined to pay them off. Seems too risky otherwise. 
    Or more likely walk away
    Dont see why he'd bother doing that if he's gone to the hassle of sorting out his Holding Company on Companies House etc. 
    The costs on due diligence and a holding company are significantly less then having to find a few million to pay a load of gangsters off.

  • 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.
    Ridiculous. That is at the door of Elliott, Farnell, Southall and Nimer in no particular order.
    If Nimer had never got involved with Elliott in the first place, we would never have had this mess. 
  • 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.
    Ridiculous. That is at the door of Elliott, Farnell, Southall and Nimer in no particular order.
    If Nimer had never got involved with Elliott in the first place, we would never have had this mess. 
    Was it nimer or farnell who bought Elliott in? I get it would be nimers final say 
  • TS will see this through.

    I think today is just playing the game and giving them a "fair case" whilst knowing that it won't come about in the end. All bases covered and no follow on shit involving Charlton. Just Esi 1 & 2 to fight over the scraps whilst Charlton ride off into the sunset...

    Take it easy guys...after everything we have been through...waiting an extra week for the inevitable conclusion is nothing.
  • Rothko said:
    Talal said:
    So if people are saying that the injunction will be extended if the COA grant permission to appeal then surely TS will be more inclined to pay them off. Seems too risky otherwise. 
    Or more likely walk away
    Dont see why he'd bother doing that if he's gone to the hassle of sorting out his Holding Company on Companies House etc. 

    It costs £12 and takes about twenty minutes
  • This isn't going to happen is it. The 7 days will drag on and on, PE and Co. will do their best to ensure there is no immediate resolution, just like they have done today. Knew it was too good to be true, we all got our hopes up but the TS takeover is looking like the latest in a long line of false dawns.
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  • He's asking for an appeal..
    who boring fucker or the judge? 
    Chaisty is. Got to be unlikely for the judge to U-turn his own decision, we would hope!

    It depends.  If the judge was in any doubts as to either the law on the situation, for example, he was setting a precedent, or it being a sort of 50-50 decision, he would probably grant an appeal so a higher up court could make a more informed decision.
  • Is there a chance TS will just pay off PE and buy the club before next week or is that not possible now?
    Why would he want to? If he pays Elliott as a matter of choice, that's an extra expense for him. If he waits for the court to decide it may cost him nothing extra, at worst he'll have to do some re-negotiating.
  • One like for my reply. From Thomas Sandgaard. He's not going anywhere



    A reminder of what I posted yesterday. Sandgaard isn't just going to walk away just because of a minor holdup.
    This has the potential to be a major hold up though...
  • 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.
    Ridiculous. That is at the door of Elliott, Farnell, Southall and Nimer in no particular order.
    If Nimer had never got involved with Elliott in the first place, we would never have had this mess. 
    Nimer didnt get involved with Elliott, Farnell did. Worse thing that happened was Nimer & Southall falling out. Nimer wanted revenge & Farnell got involved (on the basis he had previously been screwed by Southall  ?)
  • Too many get mixed up with the emotions of Charlton and a potential new owner's intentions. 
  • This isn't going to happen is it. The 7 days will drag on and on, PE and Co. will do their best to ensure there is no immediate resolution, just like they have done today. Knew it was too good to be true, we all got our hopes up but the TS takeover is looking like the latest in a long line of false dawns.
    Or with this extra week, TS gets contract watertight with ESI (ready to sign asap) and receives OADT approval from EFL, and once the Court of Appeals denies this new appeal, TS is owner. 
This discussion has been closed.

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