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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

  • Callumcafc
    Callumcafc Posts: 63,763
    Marian's mistake had LK on the ropes a bit there but she's back in the game.
  • ForeverAddickted
    ForeverAddickted Posts: 94,304
    golfaddick said:
    ForeverAddickted said:
    Sanctions facing #cafc are of the most serious nature, says Kreamer. Judge interjects that Mihail is the only one giving evidence on this and he is not sure what weight to give his evidence, given he was wrong in his evidence about appeal.
    Just because you got 1 thing wrong should mean the rest of what you say is wrong. 
    Do you mean to say "shouldnt mean the rest of what you say is wrong"?
  • killerandflash
    killerandflash Posts: 69,842
    Mihail slips in the area, allowing Chaisty to pull one back but Kreamer still ahead
  • ForeverAddickted
    ForeverAddickted Posts: 94,304

  • swords_alive
    swords_alive Posts: 4,258


    Kreamer argues it's wrong to question the rest of Mihail's evidence just due to the already aforementioned error #cafc #SaveCAFC
    1
    1

    Judge is questioning what weight to give Mihail's evidence considering he made an error in his testimony that Kreamer has apologized for on his behalf
  • IdleHans
    IdleHans Posts: 10,961
    Lauren hanging Farnell with his own rope now
  • ForeverAddickted
    ForeverAddickted Posts: 94,304
    Back to Farnell now. He gave evidence on July 13th that Panorama owned the shares, legally and beneficially. As a lawyer Farnell might be expected to say if they were being held on trust for Lex Dominus, but he didn’t. Explicitly said that the Lex deal had not been concluded.
  • Jodaius
    Jodaius Posts: 562
    ForeverAddickted said:
    The judge has stepped in to raise the concern of what "weight" he can place on Mihail's evidence. Kreamer had already said MM apologised for "an error" on his views on how the OADT system works. Says it has been corrected and rest of his evidence should be taken "at face value".
    Don't like the sound of this. If harm can't be proven then surely the easy option is to grant the injunction and leave somebody else to sort out the mess later?
  • robinofottershaw
    robinofottershaw Posts: 1,921
    Chaisty not looking overly confident now?
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  • randy andy
    randy andy Posts: 5,454
    EFL sanctions are clearly of a serious nature. You don't need any evidence from MM on that, we are currently under EFL sanctions and they are preventing us from creating a competitive squad for the upcoming season. Unless sanctions are lifted there is a risk (I'll leave it to others to quantify) of relegation. It is also clear with need for MM evidence that should it be found that Elliott owns or is in any way involved with us having failed the OADT then we will be subject to further sanctions which are more severe than the current sanctions we are under. What MM has to say on the matter is immaterial to ongoing events.
  • Jayajosh
    Jayajosh Posts: 2,877
    Chizz said:
    The fact that the pound was never "paid" is not relevant.  The pound represents a consideration.  Not paying the pound doesn't void the contract, it merely opens up a separate action in debt.  In other words, Elliot not paying the pound simply means he owes a pound. 

    Further: DICHAND v HYDRAREDOX TECHNOLOGIES HOLDINGS LIMITED

    What if there's a contractual condition that it has to be paid within say 14 days?
  • Valley27000
    Valley27000 Posts: 3,417
    Come on judge throw this out so we can get Thomas in asap.
  • golfaddick
    golfaddick Posts: 33,624
    ForeverAddickted said:
    golfaddick said:
    ForeverAddickted said:
    Sanctions facing #cafc are of the most serious nature, says Kreamer. Judge interjects that Mihail is the only one giving evidence on this and he is not sure what weight to give his evidence, given he was wrong in his evidence about appeal.
    Just because you got 1 thing wrong should mean the rest of what you say is wrong. 
    Do you mean to say "shouldnt mean the rest of what you say is wrong"?


    Oops....yes now edited.
  • CheshireAddick
    CheshireAddick Posts: 1,305
    edited September 2020
    Chaisty is getting on my tits
  • Er_Be_Ab_Pl_Wo_Wo_Ch
    Er_Be_Ab_Pl_Wo_Wo_Ch Posts: 1,785
    "Farnell must die by the sword"
  • Chizz
    Chizz Posts: 28,331
    ForeverAddickted said:
    golfaddick said:
    ForeverAddickted said:
    Sanctions facing #cafc are of the most serious nature, says Kreamer. Judge interjects that Mihail is the only one giving evidence on this and he is not sure what weight to give his evidence, given he was wrong in his evidence about appeal.
    Just because you got 1 thing wrong should mean the rest of what you say is wrong. 
    Do you mean to say "shouldnt mean the rest of what you say is wrong"?
    Just because Golfie got that one thing wrong... 

    ...oh, never mind
  • ForeverAddickted
    ForeverAddickted Posts: 94,304
    Phew cheers Golfie, got a bit worried there
  • ProperCharlton
    ProperCharlton Posts: 2,254
    Mihail has fucked things for Panorama. Farnell has fucked things for Lex Dominus. Bunch of charlatans.
  • PeanutsMolloy
    PeanutsMolloy Posts: 6,705
    edited September 2020

    Seems to me that, notwithstanding the hours of argument (and waffle) and the £££,£££s of legal costs incurred, the verdict is likely to be precisely that predicted by many here weeks ago.
    Namely that: 
    1. the sale by Panorama to Lex Dom is indeed contingent on the buyer (i.e. owner of LD - currently PE) passing the EFL's OADT
    2. the buyer has the right, under that contract, for its appeal against the EFL's initial rejection to be seen through to the completion.
    Thus the injunction preventing Panorama from selling CAFC to a third party will be granted and take effect until such time as the appeal process is completed. 
    If the appeal is successful then ownership of CAFC will vest with Lex Dom. If it isn't, it stays with Panorama.

    Ball in EFL's court.

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  • ForeverAddickted
    ForeverAddickted Posts: 94,304
    edited September 2020
    I wonder if Elliott will get a call from TS tonight asking if he still wants that £550k pay off...

    (If the judge hasnt made his decision)
  • MuttleyCAFC
    MuttleyCAFC Posts: 47,728
    edited September 2020
    Yes, there has to be a doubt about what the EFL would do. They possibly really have screwed us again here. MM hasn't helped either. 
  • ForeverAddickted
    ForeverAddickted Posts: 94,304
    Farnell also referred on July 13th to parties “seeking” to buy shares and that uncertainty could damage club. Cannot now say that his evidence then was made in a different context. Therefore no serious issue to be tried.
  • ricky_otto
    ricky_otto Posts: 22,600
    IdleHans said:
    Lauren hanging Farnell with his own rope now
    Let’s hope she continues to tighten it. 
  • TelMc32
    TelMc32 Posts: 9,047
    Chaisty's puffing...his legs have gone!  
  • IdleHans
    IdleHans Posts: 10,961
    ForeverAddickted said:
    I wonder if Elliott will get a call from TS tonight asking if he still wants that £550k pay off...

    (If the judge hasnt made his decision)

    With a bit of luck he'll get one referring to the response in Arkell vs Pressdram (1971)
  • i_b_b_o_r_g
    i_b_b_o_r_g Posts: 18,948
    How can MM's faux pas trump all these facts on Farnelliiott?

    Gott be an open and shut case now me lud
  • roseandcrown
    roseandcrown Posts: 7,587
    TelMc32 said:
    Chaisty's puffing...his legs have gone!  
    He definitely keeps his socks on when on the job 
  • Redrobo
    Redrobo Posts: 11,330
    ForeverAddickted said:
    I wonder if Elliott will get a call from TS tonight asking if he still wants that £550k pay off...

    (If the judge hasnt made his decision)
    Hopefully he won’t need to bother and wait for his letter kindly asking for his money back that was clearly gifted and no need to reteurn.
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