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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

  • cafcfan said:
    I thought justice was his first name. Did think Mr justice Arnold was a pretty fitting name for him. Now I'm disappointed. 
    Just to add to the confusion, while he's retired now, there was a guy called Igor Judge who was Lord Chief Justice Judge.
    We also have a Judge Judge who works there .
  • I've remembered who PM is.
  • LJ Lewison says Mihail sets out hypothesis that injunction is granted and LD succeed at trial then ties consequences to that scenario. So to determine whether damages are an adequate for Panorama is that injunction is grated by LD lose at trial.
    1
  • RedRyan said:
    No evidence as to what contract, price or date of completion or identity of third party, says Chaisty. Extremely important if respondent says irremediable damage if injunction granted. No evidence third party would disappear either.
    It’s so ducking annoying. The damage done is to the team - the fact that an injunction prevents transfers - which has a direct impact on value and long term prospects of club - how can this not be seen? An injunction damages the club and therefore the saleability of the club, not least to mention the potential damage administration, exclusion etc would deal to the community. Grr!
    That’s what Lauren put across last time and Pearce agreed.
  • I can't even remember who PM is
    Panorama Magic.
  • Surely PM/CAFC could put evidence in showing how perilous our finances our and to show TS is close to buying us but wants a deal soon or he believes we'll have to enter administration
  • LJ Lewison says that Judge Pearce's ruling may be based on the wrong hypothesis. Chaisty says that MM assumed that Elliott's disqualification is final ruling, which is false.
  • So from what I'm reading... Chaisty is saying that no evidence has been provided by PM of a takeover or negotiations etc.

    BUT he got the seven day injunction whilst they went to appeal because he provided evidence of there being an imminent takeover?

    I know. It's bonkers, isn't it??!! He has changed his stance twice now and yet LD are getting their way because of it. Surely, the judges and Laura C are not missing that point? If he is arguing there is no evidence of imminent takeover, surely that removes the need for the temporary injunction and we are home and free? I bet it doesn't go down that way. It's Charlton, after all!
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  • They’re not making any new arguments, so can’t see them succeeding at appeal. The point of an appeal is to overturn a previous judgement based on new evidence. Doesn’t seem to be any.
  • Elliott pursuing right of appeal with arbitration panel, says Chaisty. EFL disqualification based on misleading evidence provided by Elliott about the SPA. MM's evidence has no foundation because there is an appeal process.
  • Chaisty says balance of convenience is not based on a risk, but a certainty, that damages claim will be worthless.
  • edited September 2020
    But we've been told that's immaterial. The arguement is about selling ESI, not what is inside it.

    Very frustrating because both sides know what it means to delay things further - no money to pay wages, transfer embargo etc etc.  But the nuance will be lost on the two old farts stiting there.
  • edited September 2020
    Very grateful to those relaying updates on here, thanks 

    Indeed, thanks to those for sharing.

    Please can I ask though, any twitter links can we post just a screenshot or the text from the tweet itself?

    Twitter is blocked at work and it's difficult going back to my phone to check the tweet. And it is even more difficult with little signal in the office.

    Thanks again to those that are sharing.

  • LJ Lewison says that Judge Pearce's ruling may be based on the wrong hypothesis. Chaisty says that MM assumed that Elliott's disqualification is final ruling, which is false.
    Don’t like this LJ seemingly agreeing with Chaisty
  • LJ Males says more fundamental point is whether Mihail has given any evidence about what will happen if injunction granted and claim ultimately fails.
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  • Elliott pursuing right of appeal with arbitration panel, says Chaisty. EFL disqualification based on misleading evidence provided by Elliott about the SPA. MM's evidence has no foundation because there is an appeal process.
    Efl screw us with their tardiness to resolve PE appeal ffs
  • edited September 2020
    Redrobo said:
    So, let's get this straight. This is an appeal to overturn Judge Pearce's ruling that an injunction to stop ESI selling its shares to anyone but Paul Elliott is wrong.

    The fact that an injunction is a mechanism to stop something happening, and seeing as the original injunction hearing was 16 days ago, makes ruling against an injunction a farce.

    Me - "stop - you can't sell that its mine"
    Judge "no it's not - sale can proceed"
    Me - " I'll appeal then"
    Judge " you want to appeal, oh that's a different matter then. Stop the sale"

    So, you have a Judge saying you cant stop the sale but appeal that decision & the sale is stopped.


    Bonkers. The law is indeed an ass & I'm a banana. 
    Not quite right. It is a Hearing to decide if there should be an injunction preventing the sale of EIS Ltd until the Hearing in November.
    The Hearing in November will decide if Elliott has the exclusive right to buy.
    My point was an injunction is sought to stop (or delay) something happening. Judge Pearce SIXTEEN days ago ruled against an injunction........but yet a sale hasn't yet happened because an appeal was granted. Therefore an injunction of sorts has already happened. 

    As I said, the law is an ass.


    The injunction wasn't prevented because LD decided that they woul take the case to a higher court as a result ofJudge Pearce refusing the right to appeal in his court. That is and always has been the legal process and sometimes it gets to sort out wrongs, sometimes just delays the inevitable. The right to appeal to a higher court has always been a fundamental of the legal system and rightly so.
  • RedRyan said:
    LJ Lewison says that Judge Pearce's ruling may be based on the wrong hypothesis. Chaisty says that MM assumed that Elliott's disqualification is final ruling, which is false.
    Don’t like this LJ seemingly agreeing with Chaisty
    Patience!!... On the first day it was a tennis match the way the judge went back and forth
  • They’re not making any new arguments, so can’t see them succeeding at appeal. The point of an appeal is to overturn a previous judgement based on new evidence. Doesn’t seem to be any.
    No the point of an appeal is that the 1st judge made the wrong judgment on the evidence available.  If its new evidence it would go back as a new injunction application. 
  • thanks for the updates so far, sat at my desk refreshing the page whenever my boss isnt looking. Crazy that it has come to this. 
  • Solidgone said:
    How likely are two judges going to overturn a decision already made by a judge? 

    It will be 1-1 which should go in favour of Judge Pearce's original decision.

    I feel really nervous.
    Do away goals count as double?
    I’ve already said that so any LOL automatically transfer to me, don’t do it again!

  • Chaisty quotes Mihail's evidence on the appeal and says that it is simply wrong to say that only club can appeal.
This discussion has been closed.

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