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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

  • Stig said:
    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.
    I guess by risk waiting for November, ypu sacrifice a season. Take over now and there's time to get players in and try bounce back up first time.
  • aliwibble said:
    Would be good to know thoughts on who to lobby, what to do. It feels like the EFL would help us by saying that Lex Dominus or whatever can't be trusted to run a football club. Guidance from CAST etc welcome.
    Personally, I would be lobbying Mihail. He's always on about just trying to do what's best for the club, and now he can prove it. Instruct Lauren to inform the Court of Appeal that the proceeds of any sale will be lodged in an escrow account until such time as the trial at the end of November has been resolved. That demonstrates good faith on Nimer's part and moves the balance of risk away from LD, so there is no need for an injunction preventing the sale of the club until the trial. It's also a way for him to make up for him making a bit of a pig's ear of his evidence submission.
    Although whether he/Nimer would actually be willing to do it is another matter entirely...
    If they won't, is there any way that Sandgaard could attach himself to the case as a 3rd party, and request the court to make an order regardless of whether either party is in favour? Legal bods, any thoughts?
    I was really hoping that LK was going to suggest this today, but I guess that might be tricky without your client instructing you to.

    There was a lot made about not being able to get damages from Panorama Magic if the sale went ahead and even if costs awarded were payed. I would have liked Elliots’ finances to have been brought into it, in that if the buyer walks away due to ‘back door’ (oo er) injunction, does Elliot have the means to compensate Panorama Magic for their loss? Seems unlikely of a serial bankrupt who can’t even spell his own name.
    But then this case wasn't Lex vs TS, it was Lex vs Panorama and what are Panorama's finances? Nimer hasn't been seen for months, and has put nothing into the club

    Do Panorama have the finances to pay costs?
    No, I’m not convinced they do, but my point was Lex’s QC argued extensively about the likelihood of recovering any money from Panorama as being slim, surely the same could have been raised about Elliot? If you take out an injunction and then are unsuccessful in the following case, you are required to compensate the other side for any losses occurred by them due to the injunction. I did not mention anything about TS re the case itself.
  • TS has stated he will travel back to the U.S. On sunday does this mean he will have to return to sign takeover paperwork?.
  • Chill... people claiming democracy is dead and why can't they see what's going on are missing the point, this is democracy - everyone has a right to seek an appeal, much as I don't like it! The time to be worried is if they are given permission to pursue the appeal in the COA 
  • aliwibble said:
    Would be good to know thoughts on who to lobby, what to do. It feels like the EFL would help us by saying that Lex Dominus or whatever can't be trusted to run a football club. Guidance from CAST etc welcome.
    Personally, I would be lobbying Mihail. He's always on about just trying to do what's best for the club, and now he can prove it. Instruct Lauren to inform the Court of Appeal that the proceeds of any sale will be lodged in an escrow account until such time as the trial at the end of November has been resolved. That demonstrates good faith on Nimer's part and moves the balance of risk away from LD, so there is no need for an injunction preventing the sale of the club until the trial. It's also a way for him to make up for him making a bit of a pig's ear of his evidence submission.
    Although whether he/Nimer would actually be willing to do it is another matter entirely...
    If they won't, is there any way that Sandgaard could attach himself to the case as a 3rd party, and request the court to make an order regardless of whether either party is in favour? Legal bods, any thoughts?
    I was really hoping that LK was going to suggest this today, but I guess that might be tricky without your client instructing you to.

    There was a lot made about not being able to get damages from Panorama Magic if the sale went ahead and even if costs awarded were payed. I would have liked Elliots’ finances to have been brought into it, in that if the buyer walks away due to ‘back door’ (oo er) injunction, does Elliot have the means to compensate Panorama Magic for their loss? Seems unlikely of a serial bankrupt who can’t even spell his own name.
    But then this case wasn't Lex vs TS, it was Lex vs Panorama and what are Panorama's finances? Nimer hasn't been seen for months, and has put nothing into the club

    Do Panorama have the finances to pay costs?
    No, I’m not convinced they do, but my point was Lex’s QC argued extensively about the likelihood of recovering any money from Panorama as being slim, surely the same could have been raised about Elliot? If you take out an injunction and then are unsuccessful in the following case, you are required to compensate the other side for any losses occurred by them due to the injunction. I did not mention anything about TS re the case itself.
    If Lex have put in money to cover wages (something which has never been disproven), then that at least demonstrates they have some money. After all Lex isn't just PE

    By contrast Panorama are Nimer (untraceable) and Southall (who prefers taking from the club)
  • Rob said:
    Isn’t this just legal protocol? They are within their rights to request an appeal, which they have done. The judge has granted them 7 days to get their appeal request submitted, reviewed and decided upon. It sounds to me that the likelihood of the appeal being approved to go to the Appeals Court is remote but I’m no legal expert. But, wasn’t the judge legally bound to allow this request to be reviewed once it was made?



    Agree with this, not sure on the last sentence. I don't think he could've said no you cannot appeal, but what he did do was say whilst that is in play the club can't be sold.
  • How is Elliott going to pay Chaisty's fees if he loses. 

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  • Pico said:
    @PragueAddick out of interest, did any of the painstaking dossier work on Farnell & co find it’s way into Kreamer’s teams preparations for this?

    Because if so, there are many many fans who should feel proud of the part they’ve played in this.
    With all very due respect to the dossiers (which are mighty impressive) they didn't  play a part in this great victory. Their day will come elsewhere we hope. 

    One great advantage of Lauren being instructed for the case was that she already had all the necessary facts at her fingertips, having studied and discussed them for hours within CAST and with other parties. 

    Add that to her phenomenal legal knowledge and razor sharp mind and you have an unstoppable force as Lex Dominus discovered. 

    Very late to this special party due to family stuff (all good)

    But wanted to add my congratulations and sincere thanks for an awe  inspiring performance yesterday .This could indeed prove to be the catalyst for an incredible era in the history of our famous football club.

    I remember posting over 6 years ago that I was excited to have a female CEO at CAFC...but that didn't end well.

    To have Lauren steering the good ship Charlton Athletic away from the dangers that ESI posed is a fantastic achievement. One might call her a true WARrior of the highest order.

    THANK YOU from the bottom of my heart,  lovely lady.

    One of our own.
  • Pico said:
    @PragueAddick out of interest, did any of the painstaking dossier work on Farnell & co find it’s way into Kreamer’s teams preparations for this?

    Because if so, there are many many fans who should feel proud of the part they’ve played in this.
    With all very due respect to the dossiers (which are mighty impressive) they didn't  play a part in this great victory. Their day will come elsewhere we hope. 

    One great advantage of Lauren being instructed for the case was that she already had all the necessary facts at her fingertips, having studied and discussed them for hours within CAST and with other parties. 

    Add that to her phenomenal legal knowledge and razor sharp mind and you have an unstoppable force as Lex Dominus discovered. 

    Very late to this special party due to family stuff (all good)

    But wanted to add my congratulations and sincere thanks for an awe  inspiring performance yesterday .This could indeed prove to be the catalyst for an incredible era in the history of our famous football club.

    I remember posting over 6 years ago that I was excited to have a female CEO at CAFC...but that didn't end well.

    To have Lauren steering the good ship Charlton Athletic away from the dangers that ESI posed is a fantastic achievement. One might call her a true WARrior of the highest order.

    THANK YOU from the bottom of my heart,  lovely lady.

    One of our own.
    It reads like you haven't read what happened today :-(
  • aliwibble said:
    Would be good to know thoughts on who to lobby, what to do. It feels like the EFL would help us by saying that Lex Dominus or whatever can't be trusted to run a football club. Guidance from CAST etc welcome.
    Personally, I would be lobbying Mihail. He's always on about just trying to do what's best for the club, and now he can prove it. Instruct Lauren to inform the Court of Appeal that the proceeds of any sale will be lodged in an escrow account until such time as the trial at the end of November has been resolved. That demonstrates good faith on Nimer's part and moves the balance of risk away from LD, so there is no need for an injunction preventing the sale of the club until the trial. It's also a way for him to make up for him making a bit of a pig's ear of his evidence submission.
    Although whether he/Nimer would actually be willing to do it is another matter entirely...
    If they won't, is there any way that Sandgaard could attach himself to the case as a 3rd party, and request the court to make an order regardless of whether either party is in favour? Legal bods, any thoughts?
    I was really hoping that LK was going to suggest this today, but I guess that might be tricky without your client instructing you to.

    There was a lot made about not being able to get damages from Panorama Magic if the sale went ahead and even if costs awarded were payed. I would have liked Elliots’ finances to have been brought into it, in that if the buyer walks away due to ‘back door’ (oo er) injunction, does Elliot have the means to compensate Panorama Magic for their loss? Seems unlikely of a serial bankrupt who can’t even spell his own name.
    But then this case wasn't Lex vs TS, it was Lex vs Panorama and what are Panorama's finances? Nimer hasn't been seen for months, and has put nothing into the club

    Do Panorama have the finances to pay costs?
    No, I’m not convinced they do, but my point was Lex’s QC argued extensively about the likelihood of recovering any money from Panorama as being slim, surely the same could have been raised about Elliot? If you take out an injunction and then are unsuccessful in the following case, you are required to compensate the other side for any losses occurred by them due to the injunction. I did not mention anything about TS re the case itself.
    If Lex have put in money to cover wages (something which has never been disproven), then that at least demonstrates they have some money. After all Lex isn't just PE

    By contrast Panorama are Nimer (untraceable) and Southall (who prefers taking from the club)
    No problem with Lex getting getting the wage money back.....out of Nimer and Southall's pocket
  • The Turks could move in?.
  • aliwibble said:
    Would be good to know thoughts on who to lobby, what to do. It feels like the EFL would help us by saying that Lex Dominus or whatever can't be trusted to run a football club. Guidance from CAST etc welcome.
    Personally, I would be lobbying Mihail. He's always on about just trying to do what's best for the club, and now he can prove it. Instruct Lauren to inform the Court of Appeal that the proceeds of any sale will be lodged in an escrow account until such time as the trial at the end of November has been resolved. That demonstrates good faith on Nimer's part and moves the balance of risk away from LD, so there is no need for an injunction preventing the sale of the club until the trial. It's also a way for him to make up for him making a bit of a pig's ear of his evidence submission.
    Although whether he/Nimer would actually be willing to do it is another matter entirely...
    If they won't, is there any way that Sandgaard could attach himself to the case as a 3rd party, and request the court to make an order regardless of whether either party is in favour? Legal bods, any thoughts?
    I was really hoping that LK was going to suggest this today, but I guess that might be tricky without your client instructing you to.

    There was a lot made about not being able to get damages from Panorama Magic if the sale went ahead and even if costs awarded were payed. I would have liked Elliots’ finances to have been brought into it, in that if the buyer walks away due to ‘back door’ (oo er) injunction, does Elliot have the means to compensate Panorama Magic for their loss? Seems unlikely of a serial bankrupt who can’t even spell his own name.
    But then this case wasn't Lex vs TS, it was Lex vs Panorama and what are Panorama's finances? Nimer hasn't been seen for months, and has put nothing into the club

    Do Panorama have the finances to pay costs?
    No, I’m not convinced they do, but my point was Lex’s QC argued extensively about the likelihood of recovering any money from Panorama as being slim, surely the same could have been raised about Elliot? If you take out an injunction and then are unsuccessful in the following case, you are required to compensate the other side for any losses occurred by them due to the injunction. I did not mention anything about TS re the case itself.
    If Lex have put in money to cover wages (something which has never been disproven), then that at least demonstrates they have some money. After all Lex isn't just PE

    By contrast Panorama are Nimer (untraceable) and Southall (who prefers taking from the club)
    Not disagreeing regarding Panorama’s finances and yes I would agree it seems likely that Lex have put some money into the club. But that is not proof of them having the ability to pay compensation that amounted to possibly several million. Despise both parties, but in this case I want Panorama to win as it seems this is in the best interests of the club. I think when on the back foot counter arguments can sometimes be quite successful and have seen this work before.
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  • JamesSeed said:
    limeygent said:
    There's this whole separate world going on called the legal profession, these people making fortunes out of others' misery, and they create absolutely nothing for the real world. Hate lawyers.
    What, all lawyers? Human rights lawyers, criminal lawyers who prosecute the worst people in our society? Family lawyers who look after the interest of children in family disputes?
    I think you're being a bit harsh mate. Our democracy is based on law.
    I have a long history with lawyers and have reason to dislike them, especially "family" lawyers. In the U.S., if you're a particularly bad lawyer you go into family law as there's no way you can lose a case when representing the woman, no matter what.
  • Everything that has happened over the past few months is down to one person only. 
    The poisoned yellow toothed Wankpuffin from Belgium. 
    Had he not have separated the ground from the club none of this shit would have happened. 
    Whatever happens over the coming weeks I shall not be happy until doshitalot is out of our club.
    Is that @ElfsborgAddick In a parallel universe 
  • PE maxing out the credit cards chasing his losses here I reckon. Why else would he so readily twist again given the judge's assessment on their prospects? Smacks of desperation IMO.
  • This is from @Blucher ‘s very helpful post this morning.

    The difficulty which Elliot faces is that the ground upon which the application for an injunction failed - the balance of convenience - is very much a matter of impression for a Judge. Having carefully reviewed the evidence and listened to over three hours of submissions, an appeal court is likely to be reluctant to overturn the conclusion which he has reached. On that basis, an appeal is unlikely to have a real prospect of success and nor is there is any other compelling reason for it to be heard.

    I take a lot of comfort from that and from Judge Pearce’s comment that, while he was not so arrogant as to completely dismiss the possibility, thought it likely that LD’s appeal to COA would fail.
    But hasn’t that changed with the ‘immanent buyer’ stuff being thrown around? 
  • edited September 2020
    limeygent said:
    JamesSeed said:
    limeygent said:
    There's this whole separate world going on called the legal profession, these people making fortunes out of others' misery, and they create absolutely nothing for the real world. Hate lawyers.
    What, all lawyers? Human rights lawyers, criminal lawyers who prosecute the worst people in our society? Family lawyers who look after the interest of children in family disputes?
    I think you're being a bit harsh mate. Our democracy is based on law.
    I have a long history with lawyers and have reason to dislike them, especially "family" lawyers. In the U.S., if you're a particularly bad lawyer you go into family law as there's no way you can lose a case when representing the woman, no matter what.
    I have to add, James, that I have no personal experience of lawyers in The U.K., so could indeed be being harsh on them there. The other thing is over here, the loser doesn't pay the winners legal costs, that's why there are so many frivolous suits.
  • Seems a bit much that yesterday Chaisty was representing he needed a three month injunction on the basis that there was no evidence of an imminent transfer and today he was pushing for a 7 day injunction on the basis of evidence he admitted to the court himself (which he had prevented Lauren Kreamer from doing yesterday).

    Still, if the Appeal Court Judge in reviewing the evidence turns him down, that seems to be that (unless there’s some European angel).

    if they get right of appeal having shown there is a good chance of winning the appeal, I reckon they could get an extension of the temporary injunction as well but it would be down to Panorama Magic to demonstrate the potential harm to the assets it owns from further.

    Probably worth trying to clarify the EFL position on Elliot and Bowyer and Gallen’s view on not being able to sign players if that’s possible at all.
This discussion has been closed.

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