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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 LK use the football club, fans ... the season on a whole as part of a defence?

    EG its not just between Elliot and Nimer, the whole club is at stake?
    It's legally nothing to do with football ffs. 
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    Really hope that Sandgaard knew was LK's strategy was for him to be optimistic
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    It is all about who gets to sell the shares to TS I think.
    Unless Farnell has another chancer in the cupboard.
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    Chaisty: the EFL said on Aug 7th that the agreement was not conditional (as Mihail asserts) and that Elliott's application was rejected due to claims he mislead the EFL. #cafc #SaveCAFC
    As worded there, that looks like a bit of sleight of hand. Surely EFL weren't ruling that the agreement was not conditional, just saying they'd been told it wasn't? Who told them that?
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    Chaisty exploring possibility of Lex Dominus selling shares on. Says that is their right if they own them. If Nimer made wrong deal that’s his problem.
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    Is anyone else going to talk 
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    Those months could a cost us promotion and b cost us our buyer which in turn could cost us our club!
    ..and our manager and quite a few players who will leave or not sign.

    But. We have not had our say yet.☺️
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    edited September 2020
    Chaisty saying that it isn't his client's problem if a more preferential buyer has come along for Nimer. Says if a deal is already agreed then it is "tough".

    Chaisty says Mihail argues that club could be expelled if Elliott owns club but remains disqualified however offers no evidence that is likely outcome.
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    When is LK going to get a say?
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    It wont surprise @PragueAddick that the english lawyer is pissing all over the romanian one
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    edited September 2020
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    Approaching half time I think.
    I'd say about 3-0 down.
    Need a mendonca like performance from our girl.
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    Does Nimer even care what the outcome is today? I doubt it
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    edited September 2020
    Surely the shares are simply a share of the sale. If both sides agree that TS can buy the club on the terms he has agreed, cant they then argue who should have what for as long as they like? If Sandgaard is lost, they both lose his money.
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    IdleHans said:
    It wont surprise @PragueAddick that the english lawyer is pissing all over the romanian one
    Who is not here to answer anything.
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    Chaisty says there is no evidence from the EFL that they will not allow Charlton to compete in League One or that there could be a points penalty.
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    Does Nimer even care what the outcome is today? I doubt it
    Yes, as it might be the difference between a £1 and whatever TS will pay for his shares...
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    Is anyone else going to talk 
    Well hopefully our lawyer...
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    Addickted said:
    Chaisty is actually starting to struggle now. Butting in on the Judge, putting forward suppositions and hypothetical scenarios and continue into waffling on, trying to put specific questions for the Judge to ask.

    It's a machine gun attack, but using the same bullets time and time again.
     This. I'd does feel like we've rounded this circle a few times
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    IdleHans said:
    It wont surprise @PragueAddick that the english lawyer is pissing all over the romanian one
    This isn't actually the case is it? Chaisty is picking holes in Mihail's statement as you d expect him to do. Is that notnthe case here?
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    Jints said:
    Cafc43v3r said:
    Can LK use the football club, fans ... the season on a whole as part of a defence?

    EG its not just between Elliot and Nimer, the whole club is at stake?
    It's legally nothing to do with football ffs. 
    Disagree. ESI 1 can argue that delay diminishes the asset because of the imminent start of the season and potentially removes the chance of a sale. Therefore an interim injunction should not be awarded.
    LK can also argue that as it is Elliot wanting the injunction, he does not have the financial means to cover the other sides costs should the injunction be granted TS walk away and then Elliot lose the case at the full hearing.
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    Approaching half time I think.
    I'd say about 3-0 down.
    Need a mendonca like performance from our girl.
    Let’s hope bowyer gets the substitutions right this time. 
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    Jints said:
    Cafc43v3r said:
    Can LK use the football club, fans ... the season on a whole as part of a defence?

    EG its not just between Elliot and Nimer, the whole club is at stake?
    It's legally nothing to do with football ffs. 
    Disagree. ESI 1 can argue that delay diminishes the asset because of the imminent start of the season and potentially removes the chance of a sale. Therefore an interim injunction should not be awarded.
    But that could be settle with damages at a later point.  

    My point was it doesn't matter legally, if its a football club, a house or a sweet shop.  It's either been sold, has a contract of exclusiveity or it hasn't. 
This discussion has been closed.

Roland Out Forever!