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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

  • Arkwright said:
    Re costs and payment of Counsel - Barristers and especially those at the top of their profession are not financially stupid. Brief fees are usually paid up front and in tranches over the period leading up to the trial as Counsel reads in to the case. This of course means that if the case settles before trial they still get paid and will have had their money before trial
    I imagine El Kashashy might be paying the bills anyway?
  • So is it a straight forward case of the CoA judge looking at the trial and seeing if they felt that Judge Pearce was wrong?

    Or do LD get to present an explanation as to why they feel that Pearce was "irrational, unreasonable or wrong"
  • 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?
    Precisely 
  • So is it a straight forward case of the CoA judge looking at the trial and seeing if they felt that Judge Pearce was wrong?

    Or do LD get to present an explanation as to why they feel that Pearce was "irrational, unreasonable or wrong"
    It’s the latter - they have to submit their case reasoning - and more cash for the lawyers


    Arkwright said:
    Re costs and payment of Counsel - Barristers and especially those at the top of their profession are not financially stupid. Brief fees are usually paid up front and in tranches over the period leading up to the trial as Counsel reads in to imagine El Kashashy might be paying the bills anyway?

    No idea whose paying but someone is - cash up front. 
  • edited September 2020
    Arkwright said:
    I would have thought that the injunction would be extended until the main court case back in Manchester in November. Whether the Court of Appeal could hear the injunction case in between who knows. The Court of Appeal listings are usually quite full and generally you have to wait ages to get a date - whether anything could be expedited as a result of the urgency of the situation I don’t know
    So, they only have to make a credible argument that they have a case for an appeal to effectively secure the injunction they were refused yesterday, during which time the club goes out of business demonstrating why the injunction was refused. 

    That would be a proper Charlton way to go under!
  • Cheers @Arkwright - So if LD have to provide an explanation as to why they felt Pearce was "irrational, unreasonable or wrong"

    Does it mean Lauren and her team get to see that and offer their own explanation as to why they think LD's explanation is bullshit?
  • dickad1 said:
    Arkwright said:
    I would have thought that the injunction would be extended until the main court case back in Manchester in November. Whether the Court of Appeal could hear the injunction case in between who knows. The Court of Appeal listings are usually quite full and generally you have to wait ages to get a date - whether anything could be expedited as a result of the urgency of the situation I don’t know
    So, they only have to make a credible argument that they have a case for an appeal to effectively secure the injunction they were refused yesterday, during which time the club goes out of business demonstrating why the injunction was refused. 

    That would be a proper Charlton way to go under!
    Can they do that though, as @killerandflash says just above your post... Its gonna have to be a damned good reason
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  • So if the court of appeal deny their leave to appeal before the 7 days are up does the rest of that 7 day injunction still stand or is it hull and void at that point as it was only given in order to allow the court of appeal application?
  • So if the court of appeal deny their leave to appeal before the 7 days are up does the rest of that 7 day injunction still stand or is it hull and void at that point as it was only given in order to allow the court of appeal application?
    I think @Arkwright mentions further up this page that the moment the Appeal gets rejected, the injunction ends too
  • dickad1 said:
    Arkwright said:
    I would have thought that the injunction would be extended until the main court case back in Manchester in November. Whether the Court of Appeal could hear the injunction case in between who knows. The Court of Appeal listings are usually quite full and generally you have to wait ages to get a date - whether anything could be expedited as a result of the urgency of the situation I don’t know
    So, they only have to make a credible argument that they have a case for an appeal to effectively secure the injunction they were refused yesterday, during which time the club goes out of business demonstrating why the injunction was refused. 

    That would be a proper Charlton way to go under!
    Can they do that though, as @killerandflash says just above your post... Its gonna have to be a damned good reason
    Isn't that a reference to winning an appeal, rather than having grounds for one being heard accepted?  Not sure. Although, obviously today's judge ruled there were no grounds. 
  • So, silly question maybe. PE has seven days to appeal. How long does it take for a decision on that appeal? 
  • edited September 2020
    So, silly question maybe. PE has seven days to appeal. How long does it take for a decision on that appeal? 
    Wont that be any time before 4pm on Wednesday, else if nothing has been decided then we come out of the injunction?
  • castrust said:
    Very helpful summary that answers some key questions.
    Grounds for cautious optimism that the delay should be just 7 days. Bad enough for Lee Bowyer and the team but hopefully not material to TS’s determination to buy CAFC.
  • MattF said:
    Please please please tell me that judges behave like VAR referee's and do everything possible to overturn their colleagues decisions (is it too late to call Peter Walton to the bar)
    We dont want the CoA to overturn the decision though do we
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  • MattF said:
    Please please please tell me that judges behave like VAR referee's and do everything possible to overturn their colleagues decisions (is it too late to call Peter Walton to the bar)
    We dont want the CoA to overturn the decision though do we
    My bad my post is missing a word
  • It's probably already been answered but what is the timescale for this process if it's simply a judge reading through a submission, could it theoretically be submitted in the morning and a decision reached by the afternoon?
  • Nice type up. 
  • I would imagine PE’s team are going to be playing this tactically, they need to take as much time as possible to submit the appeal but ensure they leave enough time to get a decision before the 7 days.
  • dickad1 said:
    Arkwright said:
    I would have thought that the injunction would be extended until the main court case back in Manchester in November. Whether the Court of Appeal could hear the injunction case in between who knows. The Court of Appeal listings are usually quite full and generally you have to wait ages to get a date - whether anything could be expedited as a result of the urgency of the situation I don’t know
    So, they only have to make a credible argument that they have a case for an appeal to effectively secure the injunction they were refused yesterday, during which time the club goes out of business demonstrating why the injunction was refused. 

    That would be a proper Charlton way to go under!
    No.
  • mendonca said:
    Too many get mixed up with the emotions of Charlton and a potential new owner's intentions. 
    I said this a couple of weeks ago, to all of us supporters it's emotions. The last thing we want to see is any of these criminal scum getting a payday after trying to destroy our club. To TS it's just business. The only worry is if scumbag 2 win or look for a payday to walk away just how much are they going to try & get & if TS thinks it's worth it.
  • I would imagine PE’s team are going to be playing this tactically, they need to take as much time as possible to submit the appeal but ensure they leave enough time to get a decision before the 7 days.
    Maybe I'm missing something but why do they need to take as much time as possible to submit the appeal? I'd have thought they'd want to get it in pretty sharpish so there's less risk of the COA not deciding before Wednesday. 
  • I would imagine PE’s team are going to be playing this tactically, they need to take as much time as possible to submit the appeal but ensure they leave enough time to get a decision before the 7 days.
    They need to appeal ASAP I’d have thought as they only have seven days for the Court of Appeal to schedule the case and who knows who is available to read through it all and make a decision. 
  • How is Elliott going to pay Chaisty's fees if he loses. 

    I imagine he has property.

    But probably not in his name same as Mouthall & probably all of the wrong 'uns involved.
This discussion has been closed.

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