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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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    Can the takeover be stopped in today's proceedings? 
    Highly unlikely as it would completely reverse Judge Pearce's decision 24 hours ago.
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    MattF said:
    If we are sold in the meantime then what would be the point of an appeal?

    That's what's confusing me
    Compensation I assume
    Ok this makes sense. Can relax then
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    Judge ruling on transfer. Court has power to do so. Agreed with Chaisty that none of usual criteria apply to this particular case. May be case should not have been issued in Manchester, but appropriate matters to consider are consequences of transfer.
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    MattF said:
    If they lodge an appeal, can a sale go through before the appeal is heard? Or would they have to argue over compensation is an injunction is subsequently granted after the sale to hopefully TS?
    Few people confused. The hearing today doesn't change the fact that Panorama Magic can sell the football club. They are likely to discuss trial schedule and Lev Dominus suing Panorama for alleged breach of contract. Could also lodge an appeal on judge's ruling.
    Surely if they lodge an appeal then Panorama can't sell the club before it's heard?
    I very much doubt that otherwise it becomes a sort of injuction on its own. 
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    Judge Pearce saying in normal times there would be a reasonably strong interest of Charlton fans would make London a much more appropriate venue than Manchester. But he says no prospect of hearing taking place that any significant number of public could be present in person.
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    MattF said:
    If they lodge an appeal, can a sale go through before the appeal is heard? Or would they have to argue over compensation is an injunction is subsequently granted after the sale to hopefully TS?
    Few people confused. The hearing today doesn't change the fact that Panorama Magic can sell the football club. They are likely to discuss trial schedule and Lev Dominus suing Panorama for alleged breach of contract. Could also lodge an appeal on judge's ruling.
    Surely if they lodge an appeal then Panorama can't sell the club before it's heard?
    Judge made his decision yesterday so that’s that as far as I can work out - they can lodge an appeal, but ES1 will still have a free hand ?
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    In normal times interest of #cafc fans might make transfer to London sensible, but because of Covid accommodating even 20 fans unlikely. Sees advantage of it being remote and therefore not a factor in favour of transfer. Judge not in charge of lists in London.
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    Its irrelevant that because Charlton fans would happily travel to Manchester to attend as well
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    MattF said:
    If they lodge an appeal, can a sale go through before the appeal is heard? Or would they have to argue over compensation is an injunction is subsequently granted after the sale to hopefully TS?
    Few people confused. The hearing today doesn't change the fact that Panorama Magic can sell the football club. They are likely to discuss trial schedule and Lev Dominus suing Panorama for alleged breach of contract. Could also lodge an appeal on judge's ruling.
    Surely if they lodge an appeal then Panorama can't sell the club before it's heard?
    Judge made his decision yesterday so that’s that as far as I can work out - they can lodge an appeal, but ES1 will still have a free hand ?
    Why bother appealing then?
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    MattF said:
    If we are sold in the meantime then what would be the point of an appeal?

    That's what's confusing me
    Compensation I assume
     That's their rub.

    Who would they get it from?
    Nimer and Southall appear to be potless.

    The reward they are seeking has been taken out of the equation by the judge yesterday.

    Nimer has effectively shut himself down. ADBD appears to have disappeared

    Southall does have some nice garden pots and a free consultation at a Harley Street plastic surgeons if that's any good?
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    Unlike London, Manchester could take trial in November so in order to achieve a speedy trial strong argument to hold it in Manchester. Declines transfer.
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    MattF said:
    If we are sold in the meantime then what would be the point of an appeal?

    That's what's confusing me
    Compensation I assume
     That's their rub.

    Who would they get it from?
    Nimer and Southall appear to be potless.

    The reward they are seeking has been taken out of the equation by the judge yesterday.

    Nimer has effectively shut himself down. ADBD appears to have disappeared

    Southall does have some nice garden pots and a free consultation at a Harley Street plastic surgeons if that's any good?
    I assume they'd be chasing profits from any sale/potential loss in profits from any sale
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    MattF said:
    If they lodge an appeal, can a sale go through before the appeal is heard? Or would they have to argue over compensation is an injunction is subsequently granted after the sale to hopefully TS?
    Few people confused. The hearing today doesn't change the fact that Panorama Magic can sell the football club. They are likely to discuss trial schedule and Lev Dominus suing Panorama for alleged breach of contract. Could also lodge an appeal on judge's ruling.
    Surely if they lodge an appeal then Panorama can't sell the club before it's heard?
    Judge made his decision yesterday so that’s that as far as I can work out - they can lodge an appeal, but ES1 will still have a free hand ?
    Why bother appealing then?
    part of the process so that they can get their grubby mitts on proceeds of the sale.
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    MattF said:
    Its irrelevant that because Charlton fans would happily travel to Manchester to attend as well

    Yeah but the point is that London is an alternative to Manchester that (in normal circumstances) would make most sense given that the majority of the 'interested parties' are in and around the London area.
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    MattF said:
    If they lodge an appeal, can a sale go through before the appeal is heard? Or would they have to argue over compensation is an injunction is subsequently granted after the sale to hopefully TS?
    Few people confused. The hearing today doesn't change the fact that Panorama Magic can sell the football club. They are likely to discuss trial schedule and Lev Dominus suing Panorama for alleged breach of contract. Could also lodge an appeal on judge's ruling.
    Surely if they lodge an appeal then Panorama can't sell the club before it's heard?
    Judge made his decision yesterday so that’s that as far as I can work out - they can lodge an appeal, but ES1 will still have a free hand ?
    Why bother appealing then?
    I don’t know - maybe so the barrister can earn some more money !!
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    Pearce asking if there are any objections to him hearing the case. Chaisty and Kreamer both saying no objections. Pearce: "That makes it easier listing it".
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    If we are sold in the meantime then what would be the point of an appeal?

    That's what's confusing me
    They want an appeal to get yesterday's decision overturned, so they get their injunction to prevent a sale.
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    Pearce was going to propose November 23 as a start date.
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    MattF said:
    If they lodge an appeal, can a sale go through before the appeal is heard? Or would they have to argue over compensation is an injunction is subsequently granted after the sale to hopefully TS?
    Few people confused. The hearing today doesn't change the fact that Panorama Magic can sell the football club. They are likely to discuss trial schedule and Lev Dominus suing Panorama for alleged breach of contract. Could also lodge an appeal on judge's ruling.
    Surely if they lodge an appeal then Panorama can't sell the club before it's heard?
    Judge made his decision yesterday so that’s that as far as I can work out - they can lodge an appeal, but ES1 will still have a free hand ?
    Why bother appealing then?
    Hoping for a payoff from TS to go away
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    Pearce was going to propose November 23 as a start date.
    So only just November then Christ
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    It’s so confusing. Why are they appealing ? 
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    If we are sold in the meantime then what would be the point of an appeal?

    That's what's confusing me
    They want an appeal to get yesterday's decision overturned, so they get their injunction to prevent a sale.
    Richard Crawley said on Twitter, that can't happen? 
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    It’s so confusing. Why are they appealing ? 

    1. Damages 2. Possibility that TS can't/won't get the deal done by then, I guess.
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    This could be playing into TS hands even more so now.

    ESI need to get out quick before this gets anywhere near a trial.
    So unless the Turks are nearly there id say they are dead in the water. They probably don't even exist
    Yes imagine it's in their interests to take what's been offered asap and have as long as possible to disappear 
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    If we are sold in the meantime then what would be the point of an appeal?

    That's what's confusing me
    They want an appeal to get yesterday's decision overturned, so they get their injunction to prevent a sale.
    Richard Crawley said on Twitter, that can't happen? 
    I think they can appeal it but it's likely the club will have been sold before an appeal is heard.

    If the appeal overturns the injunction then they might be entitled to more compensation than otherwise?

    I'm not so sure about the second part
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    MattF said:
    If they lodge an appeal, can a sale go through before the appeal is heard? Or would they have to argue over compensation is an injunction is subsequently granted after the sale to hopefully TS?
    Few people confused. The hearing today doesn't change the fact that Panorama Magic can sell the football club. They are likely to discuss trial schedule and Lev Dominus suing Panorama for alleged breach of contract. Could also lodge an appeal on judge's ruling.
    Surely if they lodge an appeal then Panorama can't sell the club before it's heard?
    Judge made his decision yesterday so that’s that as far as I can work out - they can lodge an appeal, but ES1 will still have a free hand ?
    Why bother appealing then?
    Costs mainly. I presume Elliott knows it's going to shit but doesn't want a massive legal bill on top. 
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    Thank god the Judge didnt allow the injunction and let it go to trial yesterday

    Nov 23rd isnt fast given its going to take four to five days... thats pissing December almost!!
This discussion has been closed.

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