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ESI 1 v ESI 2 - Initial Hearing 01-02/09/2020, Court of Appeal 17/09/2020 (p127)
Chizz
Posts: 28,331
After a long wait, we are finally here. The talking stops on Tuesday and the live, televised action finally begins. How will it end up?
Background
The first fixture of the season every year can set the scene for the rest of the following season and beyond. This year it's no exception. The result on Tuesday will go a long way to dictate how Charlton will finish.
In an unusual format, we start with a match-up on neutral territory, with the winners facing a further contest against a competitor given a bye to the next round; and the winner of that due to face another bye recipient. Addicks fans unable to travel will be able to watch online.
Line-ups
This first-round match throws up a lot of questions about tactics and plans, but one thing we can be sure of, while the home team will be aiming to attack as much as possible, both sides will be relying heavily on their defence.
Tactics
The home side will be looking to dominate proceedings.
Whether they succeed or not depends on how well they can present their case. Elliott will need to show paperwork that definitively and clearly demonstrates his claim against Panorama Magic. Specifically, he will need to demonstrate that there is an agreement in place, and has been executed, that Panorama Magic have provided an irrevocable undertaking to sell their shares in ESI to him. He does not need to show the same in respect of Southall's shares - these will be dragged along should Panorama Magic's shares be sold.
That undertaking may have a clause with regards to Elliott (and, possibly, others) requiring to demonstrate they have passed, or will pass the EFL's Owners' and Directors' Test. Elliott has failed this test, but there is an appeal outstanding.
Prediction
There are at least three possible results if the match goes ahead.
The winner of round one is likely to face TS in the next round; and the winner of that, likely to face RD in the final.
Over to you
What do you think will happen? How will you be following proceedings?
(Oh yes, one other thing: Charlton also have a football team. They're playing on Tuesday as well).
Background
The first fixture of the season every year can set the scene for the rest of the following season and beyond. This year it's no exception. The result on Tuesday will go a long way to dictate how Charlton will finish.
In an unusual format, we start with a match-up on neutral territory, with the winners facing a further contest against a competitor given a bye to the next round; and the winner of that due to face another bye recipient. Addicks fans unable to travel will be able to watch online.
Line-ups
This first-round match throws up a lot of questions about tactics and plans, but one thing we can be sure of, while the home team will be aiming to attack as much as possible, both sides will be relying heavily on their defence.
Tactics
The home side will be looking to dominate proceedings.
Whether they succeed or not depends on how well they can present their case. Elliott will need to show paperwork that definitively and clearly demonstrates his claim against Panorama Magic. Specifically, he will need to demonstrate that there is an agreement in place, and has been executed, that Panorama Magic have provided an irrevocable undertaking to sell their shares in ESI to him. He does not need to show the same in respect of Southall's shares - these will be dragged along should Panorama Magic's shares be sold.
That undertaking may have a clause with regards to Elliott (and, possibly, others) requiring to demonstrate they have passed, or will pass the EFL's Owners' and Directors' Test. Elliott has failed this test, but there is an appeal outstanding.
Prediction
There are at least three possible results if the match goes ahead.
- The judge finds for Elliot, setting out an injunction, preventing the sale of ESI to any third party, and giving him an immediate, exclusive, time-limited opportunity to negotiate the purchase of ESI from Panorama Magic.
- The judge finds for Elliot, setting out an injunction, preventing the sale of ESI to any third party, and giving him an immediate, exclusive, time-limited opportunity to negotiate the purchase of ESI from Panorama Magic, contingent on passing the EFL OADT.
- The judge finds against Elliot and the injunction is not put in place.
The winner of round one is likely to face TS in the next round; and the winner of that, likely to face RD in the final.
Over to you
What do you think will happen? How will you be following proceedings?
(Oh yes, one other thing: Charlton also have a football team. They're playing on Tuesday as well).
56
Comments
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Comfortable Sandgaard win 4-0.75
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Match delayed - Key ESI figures will be forced into isolation at the last minute. The judge will be forced to delay the hearing.0
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I see a typical performance by Charlton, completely dominate until the last few minutes and just before the final whistle, our team score an own goal0
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I'm going to the @ShootersHillGuru school of pessimism and i'm going to say it all goes tits up and everything is put on hold as Elliot wins his case.1
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Miscarriage Of Justice and RD is awarded custody......1
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It's Charlton.
All will go swimmingly until the legal equivalent of time added on and we'll lose in 90 + 81 -
Won't even happen.
Elliott's withdrawn already.
Pools panel result.2 -
Elio offered settlement and fucks off into the sunset.0
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Saandgard hits the powder early, turns up in court with a guitar around his neck having worked on an electric version of Valley Floyd Road all night, dazzles the judge, and finishes with a mic drop as his legal team watch from the wings whilst he takes point on the case.
We walk away with the result we want and Sandgaard is found out the back of the court torching a Millwall shirt whilst being ushered into his limo by his entourage.
He can be heard shouting "I'm coming for you Duchatelet!" as the car drives off.15 - Sponsored links:
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Sandgaard heads a 95 min winner
Relegating the scum, taking full control1 -
Due to bad light, the match is put off for 10 days during which time the club is sold , leaving a meaningless grudge match between Nimer and Elliot0
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Too many positive predictions so far, it's just not normal, where's all the doomsters and gloomsters who predict a defeat regularly. Golfie's army where are you? 😉2
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There can only be one result - the just one. If passing the O&DT was a pre-condition, then Elliott's takeover must fail. The judge is very unlikely to have any sympathy for his case. Acquiring the club for a token sum will look at odds with someone fighting desperately to retain control in these times when there would otherwise be no financial logic to it. I fully expect Sandgaard's legal team to subtly make this all very clear to M'Lud. With Elliott out of the way, you have to believe Sandgaard will ink a takeover deal with ESI V1. The only remaining question will be, how far did his negotiating skills get him with Belgium's Woodentop.0
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The result is about to be announced when the courtroom undergoes a massive spontaneous power cut leaving everyone in the dark - literally and metaphorically.1
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Match abandoned after crowd trouble on Microsoft Teams from Eliottttt supporters. Match awarded to TS.2
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Loving all these hilarious predictions, but seriously I can’t see anything but option 2 - the court say he gets his injunction whilst we await the outcome of the efl appeal, and we stay in limbo for even longer.
(someone wanted something more pessimistic right?)1 -
Elliot's team doesn't turn up & PM is awarded the win by default.
Elliot is last seen being bundled into a car by 3 heavy set men armed with baseball bats......5 -
"Tell Dodger it was nothing personal....I always liked him....."7 -
Who's PM? I was only jesting yesterday when I said Borris was a closet Addick and had given TS dispensation from having to quarantine 😉.golfaddick said:Elliot's team doesn't turn up & PM is awarded the win by default.
Elliot is last seen being bundled into a car by 3 heavy set men armed with baseball bats......0 - Sponsored links:
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RedChaser said:
Who's PM? I was only jesting yesterday when I said Borris was a closet Addick and had given TS dispensation from having to quarantine 😉.golfaddick said:Elliot's team doesn't turn up & PM is awarded the win by default.
Elliot is last seen being bundled into a car by 3 heavy set men armed with baseball bats......
Panorama Magic?
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As others with more legal knowledge have said; it’s a pretty high bar to get the injunction, and it’ll likely go the same way as Bassini did last year at Bolton, where he can sue Nimer, but not stop the sale
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Extra time then penalties. Solicitors win on away goals.0
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Doh of course! 🤓bobmunro said:RedChaser said:
Who's PM? I was only jesting yesterday when I said Borris was a closet Addick and had given TS dispensation from having to quarantine 😉.golfaddick said:Elliot's team doesn't turn up & PM is awarded the win by default.
Elliot is last seen being bundled into a car by 3 heavy set men armed with baseball bats......
Panorama Magic?
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But then Elliott can argue he has the right to appeal that EFL decision and will probably argue that he has met the conditions for acceptance nowCardinal Sin said:There can only be one result - the just one. If passing the O&DT was a pre-condition, then Elliott's takeover must fail. The judge is very unlikely to have any sympathy for his case. Acquiring the club for a token sum will look at odds with someone fighting desperately to retain control in these times when there would otherwise be no financial logic to it. I fully expect Sandgaard's legal team to subtly make this all very clear to M'Lud. With Elliott out of the way, you have to believe Sandgaard will ink a takeover deal with ESI V1. The only remaining question will be, how far did his negotiating skills get him with Belgium's Woodentop.
Thats the only bit that worries me
Hopefully the judge will look at the EFL's conditions and basically say that even he can see that they'll reject the appeal0 -
Perhaps the EFL will do something right for once and announce he's failed again tomorrow morning4
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Could really do with a little cooperation from the EFL where they produce the reasons for his failure of the test, won't hold my breath on that one1
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I'm predicting a score draw. Hopefully Bowyer can give somebody a kicking and we'll win the replay with Sandgaard coming on as sub and scoring a hat trick, thus an emphatic victory in the end and take his rightful place on the throne, arise Sir Thomas of Charlton held aloft on the shoulders of Bowyer and JJ.0
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Probably realisticly it will end 0-0 and sandgaard will win the replay the following week0
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I'm predicting a giant kick in the nuts. Judge will say EFL appeal must be heard and grant injunction until then. And total CL meltdown.3
This discussion has been closed.
