If defendant is now arguing that there was a requirement for the EFL approval to be in place at completion then Nimer had no business allowing Elliott put money into the club subsequently, says Chaisty.
Or Elliot shouldn’t have put money in
Imagine thats going to be something that LK will be bringing straight up
They have an agreement from May, and we've got to September without them buying, yet they would have us believe the sale wasn't conditional on EFL approval. So what the hell is the hold up? The agreement should clearly have had a time limit, but Elliot(t) is going to have to work very hard to convince the judge he has suffered harm when he couldn't pull his finger out and get the purchased completed within 4 months. Elliot(t)'s lawyer is litterally arguing that there is no reason for the hold up other than Elliot(t) no being bothered to get it done, and now upset that somebody else is willing to get it done.
If defendant is now arguing that there was a requirement for the EFL approval to be in place at completion then Nimer had no business allowing Elliott put money into the club subsequently, says Chaisty.
Turn that on it's head - Elliott had no business putting money in then?
yep. His lawyer is trying to blame Nimer for letting PE put money in when he knew he didnt own it
The only thing that Elliot has is the money thing... however, if I put money into a bank account that isn’t owned by me, then what right do I have to that money?
Definitely delaying tactics being used here ... I believe the judge will see through this and not allow it ... still expect a decision in favour of ESI1 today
Definitely delaying tactics being used here ... I believe the judge will see through this and not allow it ... still expect a decision in favour of ESI1 today
My guess is judge will not grant injunction, but will direct that there is nothing to stop Elliot pursuing TN / Panorama Magic / ESI through the courts to recover any money put in and any costs / damages.
The only thing that Elliot has is the money thing... however, if I put money into a bank account that isn’t owned by me, then what right do I have to that money?
And, by the sounds of it, paper work to say Elliott owns the club
They have an agreement from May, and we've got to September without them buying, yet they would have us believe the sale wasn't conditional on EFL approval. So what the hell is the hold up? The agreement should clearly have had a time limit, but Elliot(t) is going to have to work very hard to convince the judge he has suffered harm when he couldn't pull his finger out and get the purchased completed within 4 months. Elliot(t)'s lawyer is litterally arguing that there is no reason for the hold up other than Elliot(t) no being bothered to get it done, and now upset that somebody else is willing to get it done.
Farnell has said many times that the purchase was on condition on PE passing the EFL tests.
Fair enough let it go to trial as Nimer v Elliott but hopefully the judge will see that as a separate issue and allow the sale of the club which is ultimately all we care about
Chaisty saying that letter on Charlton headed paper to Mr Craig at the EFL states that Nimer sold to Elliott...he doesn't point out who penned that letter. Farnell? Acting for Elliott instead of Nimer/CAFC?
Chaisty referencing documentation that shows Mihail - acting on behalf of Nimer - on June 8 had supplied confirmation on club headed notepaper that Panorama had sold their shares to Elliott.
My guess is judge will not grant injunction, but will direct that there is nothing to stop Elliot pursuing TN / Panorama Magic / ESI through the courts to recover any money put in and any costs / damages.
Comments
We need a miracle to turn this over!
0-0
COYR!
Not sure he's prepared that seriously.
Lk is chomping at the bit to respond.