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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

  • ElfsborgAddick
    ElfsborgAddick Posts: 29,031
    Indianaaddick said:
    Judge has just put a black cap on top of his wig what does this mean?.
    Must be a millwall fan.
  • Covered End
    Covered End Posts: 51,990
    edited September 2020
    ForeverAddickted said:
    Chaisty says the EFL letter of August 7th deals with Elliott and insists the sale and purchase agreement not conditional. Mihail provided statement to EFL that sale was complete on June 8th.
     Mihail wrote to EFL confirming the club was sold to Elliot.
  • Todds_right_hook
    Todds_right_hook Posts: 10,881
    kentaddick said:
    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? 
    Transfer £5k into my account and I’ll answer your question
  • MuttleyCAFC
    MuttleyCAFC Posts: 47,728
    Gary Poole said:
    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.
    That would be a good outcome as they sell then fight each other for what they can get but neither can harm us further.
  • cafc4life
    cafc4life Posts: 4,632
    PeanutsMolloy said:
    MM's scored more own goals that Stewart Balmer.

    Michael Morrison?
  • carly burn
    carly burn Posts: 19,458
    Looking for a trial in a couple of weeks best case scenario
  • Chunes
    Chunes Posts: 17,347
    Judge asking how long QC would take to be ready for trial. So probably leaning towards granting the injunction. 
  • RedChaser
    RedChaser Posts: 19,885
    kentaddick said:
    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? 
    Depends if the account holder has given you third party signing authority 😉.
  • IdleHans
    IdleHans Posts: 10,961
    Mihail has been demolished for inconsistency in these opening arguments. Though Chaisty is alternately rubbishing him then using other statements he's made. MM is all over the place with his unsubstantive and vague submissions.
  • ForeverAddickted
    ForeverAddickted Posts: 94,304
    Chaisty says expedited trial could lead to very quick resolution, subject to court availability. November mentioned!
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  • carly burn
    carly burn Posts: 19,458
    Judge questioning the need for a trial.
  • TelMc32
    TelMc32 Posts: 9,047
    ForeverAddickted said:
    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.
    Did he say Mihail said that?  Not sure.
  • Todds_right_hook
    Todds_right_hook Posts: 10,881
    ForeverAddickted said:
    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
    Similar to the Bolton case last year
  • MuttleyCAFC
    MuttleyCAFC Posts: 47,728
    It would have been helpful if EFL had decided the appeals by now though. That is if the appeals failed.
  • ProperCharlton
    ProperCharlton Posts: 2,254
    ForeverAddickted said:
    Chaisty says expedited trial could lead to very quick resolution, subject to court availability. November mentioned!
    Bloody hell
  • IdleHans
    IdleHans Posts: 10,961
    Judge talking about speedy pleadings for a full hearing.
  • mattinfinland
    mattinfinland Posts: 1,096
    BR7_addick said:
    Gary Poole said:
    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.
    This! Exactly what I want and think will happen.
    Is this a reasonable outcome that could happen?

    Best news for CAFC if so
  • ForeverAddickted
    ForeverAddickted Posts: 94,304
    The judge is asking how quickly Lex Dominus want to move. Chaisty saying "weeks, not months".

    But then mentions there is availability at the court in November.

    Not very bright these lawyers are they...
  • Redrobo
    Redrobo Posts: 11,330
    Chunes said:
    Judge asking how long QC would take to be ready for trial. So probably leaning towards granting the injunction. 
    Getting that out of the way while he is up.
  • randy andy
    randy andy Posts: 5,454
    golfaddick said:
    randy andy said:
    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. 
    Yes he has, but PE's lawyer has just contradicted that. If PE bought the club on June 8th then he has broken the law by not updating companies' house. There is no conceivable reason that CH wasn't updated other than that they didn't buy the shared on June 8th.
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  • swords_alive
    swords_alive Posts: 4,258


    Chaisty: Elliott has an appeal pending with the EFL
  • IdleHans
    IdleHans Posts: 10,961
    'weeks not months'
  • meldrew66
    meldrew66 Posts: 2,561
    oh-oh, the judge seems to be exploring the practicalities of when/how a trial would happen - that doesn't bode very well!
  • charente addick
    charente addick Posts: 3,808
    Surely this is just Elliot trying to get a pay off/bigger pay off - he can’t seriously still want the club even if he ‘owned’ it in the first place
  • swords_alive
    swords_alive Posts: 4,258


    Judge asks what Chaisty hopes to achieve with a trial... Chaisty: With goodwill on both sides, a quick resolution (not quite sure that answers the question). Adds that there's a court space in November. Chaisty: "We're talking weeks not months"
  • i_b_b_o_r_g
    i_b_b_o_r_g Posts: 18,948
    I thought there weren't such thing as a water tight contract anymore

    What about if Farnelliott has told Chaisty to go for getting temp injuction, so he can go for a higher payoff in the next couple of days? Slimey c*** 
  • Jints
    Jints Posts: 3,491
    1We don't know the terms of the agreement it sounds to me that Elliott has a good chance unless the contract (a) it had a time limit which has expired (too black and white, doubt it is that) or (b) conditions precedent to the sale which have not or cannot be satisfied by ESI2 (e.g. EFL approval) or (c) the agreement has been voided by the actions of one or other party. (b) and (c) will be likely areas for dispute

    I find it hard to believe Elliot of ESI2 put money into the club without taking any equity or as a loan. Why woudl anyone do that? 
  • Chris_from_Sidcup
    Chris_from_Sidcup Posts: 36,009
    Why are they already talking about potential court/trials when we/the club haven't even given the other side of the argument yet?
  • peterreeves
    peterreeves Posts: 1,062
    How much was Nimer charging Elliott for the club??? Was it a £?

    A trial is not good news and Elliott knows this... If he wins that god knows what he'll try to charge TS to buy the club!

    This is awful and very worrying. 
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