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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

  • MattF said:
    So in a theoretical scenario where the leave to appeal is granted and an injunction until the end of November is put in place, if we become extinct as a result how would that reflect on the courts? Do they worry about perceived publicity in such cases?
    Good question. Wouldn't look good at all.
  • Could a judge, theoretically, turn round to Elliott (or his reps) and ask what he's planning to do to fund the Club going forward, should the fact he's skint come to light, or is he just there to rule on the injunction?
  • MattF said:
    So in a theoretical scenario where the leave to appeal is granted and an injunction until the end of November is put in place, if we become extinct as a result how would that reflect on the courts? Do they worry about perceived publicity in such cases?
    That is what the balance of convenience was about. The judge took the view that a full injunction had a material risk of meaning the club would be kicked out the league.
  • edited September 2020
    I would kindly request the laymen and women of CL to refrain from speculation on this question but we have members on here who are trained in the arts and skulduggery of Law who I would plead with to take time out from their financially rewarding occupation to answer a simple question on the next stage of the procedure ?

    Q. Does the judge who will now read the paper work only have the bias, gut wrenching, economic with the truth, smoke and mirrors, fictional surrealism and Samuel Becketesque nonsensical version as lodged by the ugly, myopic, sperm of the devil, beastie boy Chaisty to peruse ?

    Or does the new judge, who has been handed this case has the poetic proses and accurate, honest words of  the elegant, articulate, attractive Lauren Kreamer to read as well, so he can have a balanced panoramic view of the Ying and Yang aspects of this bizarre yet vitally important ruling for all Charlton supporters where time is of the essence ?

    And the answer to my succinct question is?


  • MattF said:
    So in a theoretical scenario where the leave to appeal is granted and an injunction until the end of November is put in place, if we become extinct as a result how would that reflect on the courts? Do they worry about perceived publicity in such cases?
    That is what the balance of convenience was about. The judge took the view that a full injunction had a material risk of meaning the club would be kicked out the league.
    Would a statement from the EFL outlining the progression of sanctions then solidify the risk if a sale cannot be completed?
  • At any point in these hearings have we gout out explicitly why ESI2 haven’t completed the deal they claim to have? There’s obviously some contingency they have failed to satisfy 

    We assume it’s the EFL tests, but do we know that?
     I'd like to see some concrete proof of Elliott's financial investment?
    surprised more of this wasn't made in court unless of course Lauren Kraemer has seen evidence of him putting money in. Could have made more of the fact that he hadn't even paid the £1.
    There may well have been evidence of Elliott putting money in, but it doesn't mean to say it was his own money.
    But then all along it was made clear that he was leading a consortium. El Khashashy is a confirmed member of the consortium, but we know little else. 
  • I would kindly request the laymen and women of CL to refrain from speculation on this question but we have members on here who are trained in the arts and skulduggery of Law who I would plead with to take time out from their financially rewarding occupation to answer a simple question on the next stage of the procedure ?

    Q. Does the judge who will now read the paper work only have the bias, gut wrenching, economic with the truth, smoke and mirrors, fictional surrealism and Samuel Becketesque nonsensical version as lodged by the ugly, myopic, sperm of the devil, beastie boy Chaisty to peruse ?

    Or does the new judge, who has been handed this case has the poetic proses and accurate, honest words of  the elegant, articulate, attractive Lauren Kreamer to read as well, so he can have a balanced panoramic view of the Ying and Yang aspects of this bizarre yet vitally important ruling for all Charlton supporters where time is of the essence ?

    And the answer to my succinct question is?


    he'd have representations from both sides 
  • MattF said:
    MattF said:
    So in a theoretical scenario where the leave to appeal is granted and an injunction until the end of November is put in place, if we become extinct as a result how would that reflect on the courts? Do they worry about perceived publicity in such cases?
    That is what the balance of convenience was about. The judge took the view that a full injunction had a material risk of meaning the club would be kicked out the league.
    Would a statement from the EFL outlining the progression of sanctions then solidify the risk if a sale cannot be completed?
    As I understand it the injunction was refused on the grounds that granting it would cause more harm to Panarama than not granting it would cause to LD. 

    In the final battle in court it will be does/did Elliott have an agreement that ment the sale to a third party would be a breach of contract.  His ability to run the company, pass EFL tests etc don't matter. In the law.

    Does anyone know of any case law where a judge has ruled "I agree your legally allowed to own something but I won't let you because......".


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  • 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. 

    I also hope that no idiot from here tries to threaten or upset the legal system by  emailing or threatening the Lex Dominus QC or  Judge Pearce  as I have heard some suggestion of emails. That is called shooting yourself in the foot!

    The greater risk of that is in the 'Twitter-sphere', mate. Some of the stuff 'tweeted' on there is of the utmost muppetry and buffoonery. Not to mention, potentially undermining to the CAFC cause. 
  • Sorry if this has already been asked / answered, but does it become public knowledge as to when the decision on whether the appeal can progress will be made and how and when the outcome is communicated? Presumably there are just over four working days left for all of that to happen.  

    I think the LD QC mentioned the possibility of getting matters before a judge on Friday (tomorrow) during yesterday's proceedings. 
  • Nimmer sort them out.
    Appears Nimer spends less than Roland's 1.5% on us.
  • dickad1 said:
    Sorry if this has already been asked / answered, but does it become public knowledge as to when the decision on whether the appeal can progress will be made and how and when the outcome is communicated? Presumably there are just over four working days left for all of that to happen.  

    I think the LD QC mentioned the possibility of getting matters before a judge on Friday (tomorrow) during yesterday's proceedings. 
    I was following the thread and no one mentioned this. 
    If he did say this, maybe he meant the arguments must be in by close of play Friday to allow the Judge to rule before the end of the injunction.
  • edited September 2020
    I would kindly request the laymen and women of CL to refrain from speculation on this question but we have members on here who are trained in the arts and skulduggery of Law who I would plead with to take time out from their financially rewarding occupation to answer a simple question on the next stage of the procedure ?

    Q. Does the judge who will now read the paper work only have the bias, gut wrenching, economic with the truth, smoke and mirrors, fictional surrealism and Samuel Becketesque nonsensical version as lodged by the ugly, myopic, sperm of the devil, beastie boy Chaisty to peruse ?

    Or does the new judge, who has been handed this case has the poetic proses and accurate, honest words of  the elegant, articulate, attractive Lauren Kreamer to read as well, so he can have a balanced panoramic view of the Ying and Yang aspects of this bizarre yet vitally important ruling for all Charlton supporters where time is of the essence ?

    And the answer to my succinct question is?


    he'd have representations from both sides 

    Cheers Large.
    I assumed that would be the situation but after the consenus was just technicallities to be sorted on woeful Wednesday after Mardi gras Tuesday I'm not sure night follows day anymore !

    Plus if there's a goalkeepers union, let's hope the judges union is still going strong and the appeal judge should back Judge Pearce and clear the way for TS.
  • I'd imagine it would be read by a Judge sometime before next Wednesday and the decision communicated to the Solicitors involved. It will then get communicated to the wider public somehow.
  • edited September 2020
    RD holds the power to resolve this whole issue. As it stands ESI1 can't be sold to anybody, there is no injunction on ESI1 selling any of it's assets (i.e. CAFC), however the common wisdom is that if CAFC is sold then the £50m becomes payable to RD immediately. Therefore if the purchaser of CAFC can get Roland to agree to rollover the current tenancy agreement then ESI1 is free to sell CAFC to whomever it so chooses and PE has an injunction preventing shares in an empty holding company from being sold.

    RD, as always, is the key. If a deal can be struck with him then the whole farce with ESI1 and ESI2 is meaningless, it's 2 tramps arguing over and empty box.
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  • I'd imagine it would be read by a Judge sometime before next Wednesday and the decision communicated to the Solicitors involved. It will then get communicated to the wider public somehow.
    I suppose Lauren can just inform the Trust who'll be keeping the likes of AB / Rich Cawley updated
  • Redrobo said:
    dickad1 said:
    Sorry if this has already been asked / answered, but does it become public knowledge as to when the decision on whether the appeal can progress will be made and how and when the outcome is communicated? Presumably there are just over four working days left for all of that to happen.  

    I think the LD QC mentioned the possibility of getting matters before a judge on Friday (tomorrow) during yesterday's proceedings. 
    I was following the thread and no one mentioned this. 
    If he did say this, maybe he meant the arguments must be in by close of play Friday to allow the Judge to rule before the end of the injunction.
    I think that was surmised by some of the folk on this thread more clued up about how these things work. If they leave it to the 11th hour the deal is delayed till Weds 4pm but there is the chance they miss their opportunity to get an extended stay.

    They need to allow enough time for the CoA judge to read the submissions and the original transcript* and come to a decision.

    * Q : Do the interjections on Teams get added to the court record?
  • Realistically BOTH sides will want to spend a couple of days getting their submissions in order, the relevant parties might have other cases to work on anyway.

    I imagine both will submit early next week
  • RD holds the power to resolve this whole issue. As it stands ESI1 can't be sold to anybody, there is no injunction on ESI1 selling any of it's assets (i.e. CAFC), however the common wisdom is that if CAFC is sold then the £50m becomes payable to RD immediately. Therefore if the purchaser of CAFC can get Roland to agree to rollover the current tenancy agreement then ESI1 is free to sell CAFC to whomever it so chooses and PE has an injunction preventing shares in an empty holding company from being sold.

    RD, as always, is the key. If a deal can be struck with him then the whole farce with ESI1 and ESI2 is meaningless, it's 2 tramps arguing over and empty box.
    Surely ESI selling all its assets would be considered a breach of the injunction though?
  • RD holds the power to resolve this whole issue. As it stands ESI1 can't be sold to anybody, there is no injunction on ESI1 selling any of it's assets (i.e. CAFC), however the common wisdom is that if CAFC is sold then the £50m becomes payable to RD immediately. Therefore if the purchaser of CAFC can get Roland to agree to rollover the current tenancy agreement then ESI1 is free to sell CAFC to whomever it so chooses and PE has an injunction preventing shares in an empty holding company from being sold.

    RD, as always, is the key. If a deal can be struck with him then the whole farce with ESI1 and ESI2 is meaningless, it's 2 tramps arguing over and empty box.
    Surely ESI selling all its assets would be considered a breach of the injunction though?
    Correct.
  • edited September 2020
    RD holds the power to resolve this whole issue. As it stands ESI1 can't be sold to anybody, there is no injunction on ESI1 selling any of it's assets (i.e. CAFC), however the common wisdom is that if CAFC is sold then the £50m becomes payable to RD immediately. Therefore if the purchaser of CAFC can get Roland to agree to rollover the current tenancy agreement then ESI1 is free to sell CAFC to whomever it so chooses and PE has an injunction preventing shares in an empty holding company from being sold.

    RD, as always, is the key. If a deal can be struck with him then the whole farce with ESI1 and ESI2 is meaningless, it's 2 tramps arguing over and empty box.
    Surely ESI selling all its assets would be considered a breach of the injunction though?
    Depends on the wording of the injunction. Everything I read on this thread throughout both hearings way about shares in ESI. ESI2 have (correctly so far) presumed that ESI1 can't simply sell the club because RD will want his pound of flesh. Obviously ESI1 can sell some assets, we all assume that Philips will be sold shortly and for a lot more than the £1 that CAFC is supposedly worth. So the question is if the injunction allows the sale of an assets potentially worth millions, how does it prevent the sale of an asset worth £1?
  • Redrobo said:
    dickad1 said:
    Sorry if this has already been asked / answered, but does it become public knowledge as to when the decision on whether the appeal can progress will be made and how and when the outcome is communicated? Presumably there are just over four working days left for all of that to happen.  

    I think the LD QC mentioned the possibility of getting matters before a judge on Friday (tomorrow) during yesterday's proceedings. 
    I was following the thread and no one mentioned this. 
    If he did say this, maybe he meant the arguments must be in by close of play Friday to allow the Judge to rule before the end of the injunction.
    Chaisty mentioned Friday as an example - he was trying to make the point that the TS sale was imminent, quoting media articles etc, and that LD would move fast to request an appeal meaning the new injunction only needed to be for a very short time to prevent the real risk of an immediate sale that the day before he argued was hearsay / pie in the sky!

    Pretty soon after this the judge agreed to seven days.  I don't think Chaisty requested seven days. 
  • Redrobo said:
    dickad1 said:
    Sorry if this has already been asked / answered, but does it become public knowledge as to when the decision on whether the appeal can progress will be made and how and when the outcome is communicated? Presumably there are just over four working days left for all of that to happen.  

    I think the LD QC mentioned the possibility of getting matters before a judge on Friday (tomorrow) during yesterday's proceedings. 
    I was following the thread and no one mentioned this. 
    If he did say this, maybe he meant the arguments must be in by close of play Friday to allow the Judge to rule before the end of the injunction.
    The outcome will be communicated by the CoA judge who reviews the application to the parties to the proceedings (via their barristers) - assuming this doesn't progress beyond being reviewed "on the papers". As to how/how quickly it then becomes public or press knowledge it depends on how that information is passed on.
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