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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

  • The whole thing seems so stupid. Elliott has no funds, will not lift the embargo and cannot run the club. Nimer has no funds, will not lift the embargo and cannot run the club. 
    And legally it matters not. 
  • TBH don't care who owns the club get this out of the way and then TS negotiates with whomever....Tahoon/Southall or Elliot/Farnell makes out ? who cares as long as we have TS 
  • aliwibble said:
    Chaisty says contract to sell is signed and not in dispute. Drag along provisions re Southall activated in May.
    Can anyone explain this in simple English for me please
    If the majority share holder agrees to sell, other share holders have to follow.
  • The whole thing seems so stupid. Elliott has no funds, will not lift the embargo and cannot run the club. Nimer has no funds, will not lift the embargo and cannot run the club. 
    Unfortunately this is all entirely irrelevant. 

    Only thing that matters is whether the club was sold to Elliott or not. And the fact that our club website still says that is this case, makes me think Elliott will win... 
  • He is a boring fucker 
  • aliwibble said:
    Chaisty says contract to sell is signed and not in dispute. Drag along provisions re Southall activated in May.
    Can anyone explain this in simple English for me please
    Lawyer saying that contracts were signed in May and as the terms of ESI, if Panaroma Magic (Nimer) agrees to sell his shares, Southall must do the same for the same price of the value of his 35%.
  • The whole thing seems so stupid. Elliott has no funds, will not lift the embargo and cannot run the club. Nimer has no funds, will not lift the embargo and cannot run the club. 
    Again, irrelevant.
  • Confirms that Elliott has submitted an appeal in relation to his disqualification by the EFL. Chaisty says Farnell’s role should be disregarded for the moment.
    Why?? Can’t see a judge agreeing with that.
    In fairness it's irelevant to whether Elliott has a legally binding contract with Nimer & Co. 
  • Chaisty: On the 13th of July ESI filled out an application to restrict Matt Southall's role #cafc #SaveCAFC
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  • The whole thing seems so stupid. Elliott has no funds, will not lift the embargo and cannot run the club. Nimer has no funds, will not lift the embargo and cannot run the club. 
    Unfortunately this is all entirely irrelevant. 

    Only thing that matters is whether the club was sold to Elliott or not. And the fact that our club website still says that is this case, makes me think Elliott will win... 
    no it doesn’t.
  • The whole thing seems so stupid. Elliott has no funds, will not lift the embargo and cannot run the club. Nimer has no funds, will not lift the embargo and cannot run the club. 
    Unfortunately this is all entirely irrelevant. 

    Only thing that matters is whether the club was sold to Elliott or not. And the fact that our club website still says that is this case, makes me think Elliott will win... 
    I think that came down this morning...
  • The whole thing seems so stupid. Elliott has no funds, will not lift the embargo and cannot run the club. Nimer has no funds, will not lift the embargo and cannot run the club. 
    Unfortunately this is all entirely irrelevant. 

    Only thing that matters is whether the club was sold to Elliott or not. And the fact that our club website still says that is this case, makes me think Elliott will win... 
    It's been changed.
  • Sage said:
    aliwibble said:
    Chaisty says contract to sell is signed and not in dispute. Drag along provisions re Southall activated in May.
    Can anyone explain this in simple English for me please
    Lawyer saying that contracts were signed in May and as the terms of ESI, if Panaroma Magic (Nimer) agrees to sell his shares, Southall must do the same for the same price of the value of his 35%.
    But if the contracts were signed in May, why have we not been sold by September?
  • aliwibble said:
    Sage said:
    aliwibble said:
    Chaisty says contract to sell is signed and not in dispute. Drag along provisions re Southall activated in May.
    Can anyone explain this in simple English for me please
    Lawyer saying that contracts were signed in May and as the terms of ESI, if Panaroma Magic (Nimer) agrees to sell his shares, Southall must do the same for the same price of the value of his 35%.
    But if the contracts were signed in May, why have we not been sold by September?
    EFL approval ?

  • Chaisty saying the issue is where Panorama is subject to a contractual obligation to transfer over to his client.
  • Looks like he just got to the meat of his argument. That ESI still have a contractual obligation to transfer the title of CAFC to Elliott. And that Panorama are relying on an interim declaration from the EFL (OADT) to deny that contract. 
  • Chaisty making a long technical point, but concludes that the issue is whether Panorama has a contractual obligation to sell ESI to Lex Dominus.
  • ct_addick said:
    aliwibble said:
    Sage said:
    aliwibble said:
    Chaisty says contract to sell is signed and not in dispute. Drag along provisions re Southall activated in May.
    Can anyone explain this in simple English for me please
    Lawyer saying that contracts were signed in May and as the terms of ESI, if Panaroma Magic (Nimer) agrees to sell his shares, Southall must do the same for the same price of the value of his 35%.
    But if the contracts were signed in May, why have we not been sold by September?
    EFL approval ?

    Unfortunately that doesn’t matter. EFL have no say who the owner is. 
  • The whole thing seems so stupid. Elliott has no funds, will not lift the embargo and cannot run the club. Nimer has no funds, will not lift the embargo and cannot run the club. 
    Unfortunately this is all entirely irrelevant. 

    Only thing that matters is whether the club was sold to Elliott or not. And the fact that our club website still says that is this case, makes me think Elliott will win... 
    It's been changed.
    because by this evening TS will be our new owner. 
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  • Chaisty saying the issue is where Panorama is subject to a contractual obligation to transfer over to his client.
    Would've thought a contract can be broken at any point, as long as the person breaking it is happy to defend their decision in court and / or pay compensation
  • ozaddick said:
    ct_addick said:
    aliwibble said:
    Sage said:
    aliwibble said:
    Chaisty says contract to sell is signed and not in dispute. Drag along provisions re Southall activated in May.
    Can anyone explain this in simple English for me please
    Lawyer saying that contracts were signed in May and as the terms of ESI, if Panaroma Magic (Nimer) agrees to sell his shares, Southall must do the same for the same price of the value of his 35%.
    But if the contracts were signed in May, why have we not been sold by September?
    EFL approval ?

    Unfortunately that doesn’t matter. EFL have no say who the owner is. 
    No but Farnell and Elliott have always said any deal was pending EFL approval.  
  • aliwibble said:
    Sage said:
    aliwibble said:
    Chaisty says contract to sell is signed and not in dispute. Drag along provisions re Southall activated in May.
    Can anyone explain this in simple English for me please
    Lawyer saying that contracts were signed in May and as the terms of ESI, if Panaroma Magic (Nimer) agrees to sell his shares, Southall must do the same for the same price of the value of his 35%.
    But if the contracts were signed in May, why have we not been sold by September?
    Because the whole thing is a mess. We also found out that they did not own the club in the court hearing back in July. That’s not changed now.

    They got rejected by EFL and now we are here. All one huge mess.
  • ozaddick said:
    ct_addick said:
    aliwibble said:
    Sage said:
    aliwibble said:
    Chaisty says contract to sell is signed and not in dispute. Drag along provisions re Southall activated in May.
    Can anyone explain this in simple English for me please
    Lawyer saying that contracts were signed in May and as the terms of ESI, if Panaroma Magic (Nimer) agrees to sell his shares, Southall must do the same for the same price of the value of his 35%.
    But if the contracts were signed in May, why have we not been sold by September?
    EFL approval ?

    Unfortunately that doesn’t matter. EFL have no say who the owner is. 
    They do if the deal if dependant on EFL approval. 
  • Chill for now people, this is what lawyers do right?  Use a few slick words and narrative, judges hear this nonsense all the time.
  • Chaisty says Mihail claims agreement was subject to conditions and the defendent is able to say those have not been met so the agreement has come to an end.

    Chaisty says Mihail asserts on behalf of the defendant that the agreement was the subject of conditions that have not been met. Argues that the clause about EFL completion is not expressed in conditional terms. Tension between different clauses.
  • We need LK to have some of that we’ll known phrase....”Bouncebackability”...
This discussion has been closed.

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