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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

  • LargeAddick
    LargeAddick Posts: 32,559
    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.
    if Pearce doesn't grant leave to appeal then they can appeal directly to the Court of Appeal but it will be too late to stop a sale to TS or another party. This is all about getting their 'fair' share of whatever ESI sell to TNS for.
  • November 23 it is. Pearce says it might actually start on the 24th and take the rest of the week. He's now asking Chaisty for a timetable for disclosure/witness statements etc.
  • Can any legal eagles on here explain to how an appeal to yesterday’s ruling work / what effect it would have please ?
  • Wonder if we are breaking the law commenting on here as the hearing goes on?

  • meldrew66
    meldrew66 Posts: 2,561
    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

    ...although one could argue that the sellers could up their price knowing that TS needs to get over the line in the next 2 months or so.
  • Wonder if we are breaking the law commenting on here as the hearing goes on?

    Well Rich Cawley and Airman Brown are doing it?
  • ProperCharlton
    ProperCharlton Posts: 2,254
    edited September 2020
    .
  • SoundAsa£
    SoundAsa£ Posts: 22,476
    edited September 2020
    Move it to Westminster Hall.🪓⚖️
  • cafcfan1990
    cafcfan1990 Posts: 12,811
    Wonder if we are breaking the law commenting on here as the hearing goes on?

    Of course not
  • Just a reminder that of #cafc has been sold by November, the parties will be contesting damages. The ownership of the club won’t be on the table. What we’re interested in is any appeal.
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  • cafcfan1990
    cafcfan1990 Posts: 12,811
    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.
    if Pearce doesn't grant leave to appeal then they can appeal directly to the Court of Appeal but it will be too late to stop a sale to TS or another party. This is all about getting their 'fair' share of whatever ESI sell to TNS for.
    Yep. And the right to chase Nimer (haha) and Southall (much more likely) for money they "shouldn't" have made by selling the club. 
  • Wonder if we are breaking the law commenting on here as the hearing goes on?

    Well Rich Cawley and Airman Brown are doing it?
    Grass !!
  • mattinfinland
    mattinfinland Posts: 1,096
    edited September 2020
    meldrew66 said:
    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

    ...although one could argue that the sellers could up their price knowing that TS needs to get over the line in the 
  • LargeAddick
    LargeAddick Posts: 32,559
    Can any legal eagles on here explain to how an appeal to yesterday’s ruling work / what effect it would have please ?
    it will be heard too late to stop a sale, don't worry ...
  • Cafc43v3r
    Cafc43v3r Posts: 21,600
    Wonder if we are breaking the law commenting on here as the hearing goes on?

    No because its not a criminal trial by jury. We would be if it was. 
  • Southall may be potless now but might have a couple of million from sale of CAFC before the appeal gets heard. Wouldn't it be hilarious if he's only 'rich' for five minutes! I despise the lot of them but would happily see Farnell and Elliott rewarded if it means Southall and Nimer have to pay.
  • cafcfan1990
    cafcfan1990 Posts: 12,811
    meldrew66 said:
    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

    ...although one could argue that the sellers could up their price knowing that TS needs to get over the line in the next 2 months or so.
    No I'm with Carly, Nimer will be desperate to sell and feck off before the trial. They won't hear from him again. 
  • MattF
    MattF Posts: 3,797
    Just a reminder that of #cafc has been sold by November, the parties will be contesting damages. The ownership of the club won’t be on the table. What we’re interested in is any appeal.
    Thank fuck for that
  • ct_addick
    ct_addick Posts: 4,333
    meldrew66 said:
    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

    ...although one could argue that the sellers could up their price knowing that TS needs to get over the line in the next 2 months or so.
    or ESI stalls not knowing how much they will owe ESI v2 if they lose 
  • cafcfan1990
    cafcfan1990 Posts: 12,811
    Southall may be potless now but might have a couple of million from sale of CAFC before the appeal gets heard. Wouldn't it be hilarious if he's only 'rich' for five minutes! I despise the lot of them but would happily see Farnell and Elliott rewarded if it means Southall and Nimer have to pay.
    Happily? None of them deserve a penny so in a way I don't care which of them earn a few quid. 

    No chance will Nimer have to pay, he'll disappear. 
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  • Bedsaddick
    Bedsaddick Posts: 24,733
    Wonder if we are breaking the law commenting on here as the hearing goes on?

    Why would that be breaking the law ? 
  • Chunes
    Chunes Posts: 17,347
    edited September 2020
    Is the judge allowing an appeal, or are they pursuing an appeal in spite of the judge? 
  • Redrobo
    Redrobo Posts: 11,330
    meldrew66 said:
    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

    ...although one could argue that the sellers could up their price knowing that TS needs to get over the line in the next 2 months or so.
    Or turn it around, if they haven’t sold they may lose the club for a £1. 

    I think it is they that need to do a deal quickly. Time for a cheeky offer?
  • LargeAddick
    LargeAddick Posts: 32,559
    ct_addick said:
    meldrew66 said:
    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

    ...although one could argue that the sellers could up their price knowing that TS needs to get over the line in the next 2 months or so.
    or ESI stalls not knowing how much they will owe ESI v2 if they lose 
    then they'd run the risk of Elliott overturning the injuction on appeal and could end up with nothing.
  • IdleHans
    IdleHans Posts: 10,961
    Wonder if we are breaking the law commenting on here as the hearing goes on?

    Why would that be breaking the law ? 
    You are not supposed to report on a case while it is in progress. Judge was clear on that in his opening remarks. 
  • CL_Phantom
    CL_Phantom Posts: 5,513
    edited September 2020
    From my limited understanding...

    This case has always been and still is Elliotts shell co. V Nimers shell co.

    The club can still be sold, the decision yesterday still stands, nothing happening today in regards to the appeal will overturn that.

    The "prosecution" have in their opening statement admited that it's likely a sale will go ahead and be completed before the trial date in November.

    At this point it's making sure that Elliots co. Have a claim in should the courts at the appeal trial decide that yes, the sale agreement was breached. The outcome of that I imagine would be...

    Elliott's legal fees paid
    Compensation to at least the sum of what "he" "put in" probably a bit more on top. This would be billed to Panaroma magic (Nimer)

  • Chunes said:
    Is the judge allowing an appeal, or are they pursuing an appeal in spite of the judge? 
    How can they do this?
  • IdleHans said:
    Wonder if we are breaking the law commenting on here as the hearing goes on?

    Why would that be breaking the law ? 
    You are not supposed to report on a case while it is in progress. Judge was clear on that in his opening remarks. 
    That's what I was I thought I heard
  • Discussion about cost and case management and disclosure going on. Nothing of interest to fans!
  • Bedsaddick
    Bedsaddick Posts: 24,733
    IdleHans said:
    Wonder if we are breaking the law commenting on here as the hearing goes on?

    Why would that be breaking the law ? 
    You are not supposed to report on a case while it is in progress. Judge was clear on that in his opening remarks. 
    I think he said screenshotting or filming the case . Not reporting on it . 
This discussion has been closed.