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ESI 1 v ESI 2 - Initial Hearing 01-02/09/2020, Court of Appeal 17/09/2020 (p127)
Comments
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Apologies have been having a small libation to celebrate Lauren's success today.LenGlover said:
They're arguing about costs. Nothing procedural.mattinfinland said:Can somebody please explain in simple English, what is happening tomorrow
Tomorrow is a "directions hearing" which will not change the outcome of the decision today but will decide what can happen going forward, whether Lux Dominus can appeal the decision of the judge to a higher court, who they can take action against in the future if they can prove that they have lost out and of course a likely discussion on the quantum and direction of the costs claims.
Given the lack of robustness over the SPA (undated SPA and suspicion that Farnell technically sold ESI to himself whilst acting for Panorama!) it will be intereting if they really want to test their claim in a court or when it comes to a claim on the profit that Panorama may make on a sale to TS or another party (don't forget that Nimer and Mihail could still choose to sell to the Turks). An appeal may be to late for them and what would they gain if the sale transaction is completed by Friday.They might of course take Panorama to court for loss of sale proceeds but that would involve further significant examination of Farnell's role in all of this, so he may recommend to Elliott to agree to go quietly if Nimer pays him out of the proceeds of th sale for his investment/costs (and the interest on borrowings that he may owe to the other members of the undisclosed consortium Farnell is in cahoots with).
If the club is sold to Sandgaard this week it will be out of the reach of Elliott/ Lex dominus and his cause will have to be against Nimer and Southall for the proeeds of the sale.
That Lauren stood down from CAST in order that she would not be conflicted in the action was the right thing to do and shows the best side of Charlton support. The morons switching their microphones on to shout abuse at points during the last stages of the hearing show the worst side. They may noy have the brainpower to understand that the TEAMS meeting was recorded by the court and it is not impossible to identify which attendees microphone was switched on and used. If the judge so desires he can request the clerk to identify the miscreants using the available technology. Hopefully he will be understanding of the emotion shown by said parties and will let the sleeping morons lie (my dogs are brighter than that).55 -
One thing that has still left me confused was the constant reference of there being no evidence to indicate a sale was imminent.
Was this part of a plan or a another MM amateurish oversight?!2 -
Very true, but while we can't take winning the war for granted, I think taking a little time to celebrate winning this particular battle is justified. If nothing else, it fortifies us for the battles ahead.AFKABartram said:It’s good news, but it’s not job done yet. I’m holding back till the time it’s announced the club is formally in the hands of a serious owner.
It’s close, but we are not there yet.
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That’s right. I know very little about Lauren, not being on the CAST Board any more. And on Linked In I had an initial polite converation with MM way back on March 20, and nothing since, until now, but he surely knows by now that I am not his biggest fan ( and even less, his Romanian buddy).i_b_b_o_r_g said:
"They" come up with Lauren mate. Prague introduced them to CAST but only found out Lauren was acting for them 5 minutes before the hearing was meant to have startedJohnnyH2 said:
Shows all of them including Mihail really were, out of their depth chancersPragueAddick said:Well, this is awkward...from LinkedIn messages
Forwarded from Marian Mihail (linkedin.com/in/marian-mihail-04975751):If you hadn’t had pointed me towards the Trust, I would have never met Lauren. Thanks for that, you did have your part in today’s decision!
Thanks Prague for getting them Lauren because god knows who they would have come up with on their own.
Just weird...
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To the tune of Talal El Karkouri:
La La La La...Lauren Kreamer
(El Ka Ka Ka...El Karkouri)
La La La La...Lauren Kreamer
(El Ka Ka Ka...El Karkouri)0 -
AFKABartram said:It’s good news, but it’s not job done yet. I’m holding back till the time it’s announced the club is formally in the hands of a serious owner.
It’s close, but we are not there yet.
Today feels a bit of a watershed moment mate. A potential owner with an ounce of personality too.
Have myself been banging the actions not words mantra for the past couple of months but after all the grimness of past few years and this year in particular feels like perhaps we have cut a break here.
May not come off or may be another shambles but for tonight I'm going to enjoy indulging in a rare glimpse of optimism.12 -
What we really needed was complete openness and honesty.mendonca said:One thing that I'm confused with was the constant reference of there being no evidence to indicate a sale was imminent.
Was this part of a plan or a another MM amateurish oversight?!
Because Mihail is Mihail, and hails from the same kind of stock as Nimer,Southall,de turk et al he nearly f****d it for us.
Luckily the judge saw through the constant stream of chancers who have run this club to close extinction and gave us a break!5 -
PROPER CHARLTONCallumcafc said:
https://www.castrust.org/about/meet-the-board/Callumcafc said:
She recently resigned from the CAST board.paulsturgess said:WhatFumbluff said:
Whats Lauren got to do with CAST?So Mihails tweet yesterday when a fan asked if Panorama were being represented by Freshfields today and he replied something like “even better” And then Lauren steps up from CAST to smash it out the park.And some fans question CAST and won’t put their bloody five quids in....
I hope Lauren now sends a big fat invoice in to ESI and drives off in a Rangey with all our best wishes...
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Don’t call us we will call youvalleynick66 said:To the tune of Talal El Karkouri:
La La La La...Lauren Kreamer
(El Ka Ka Ka...El Karkouri)
La La La La...Lauren Kreamer
(El Ka Ka Ka...El Karkouri)10 -
Might give this one a swerve it’s that’s ok?valleynick66 said:To the tune of Talal El Karkouri:
La La La La...Lauren Kreamer
(El Ka Ka Ka...El Karkouri)
La La La La...Lauren Kreamer
(El Ka Ka Ka...El Karkouri)12 - Sponsored links:
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JohnnyH2 said:
Shows all of them including Mihail really were, out of their depth chancersPragueAddick said:Well, this is awkward...from LinkedIn messages
Forwarded from Marian Mihail (linkedin.com/in/marian-mihail-04975751):If you hadn’t had pointed me towards the Trust, I would have never met Lauren. Thanks for that, you did have your part in today’s decision!
Thanks Prague for getting them Lauren because god knows who they would have come up with on their own.
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Kreamer had a dream
To save her football team
We had no money so she had to go it alone,
She took all the flak
But counter-attacked,
So Charlton Athletic are on the way back!20 -
mendonca said:One thing that has still left me confused was the constant reference of there being no evidence to indicate a sale was imminent.
Was this part of a plan or a another MM amateurish oversight?!
It's possible that despite TS Twitter talk and going through DD he hasn't actually made a formal offer, and, DD not being considered substantial evidence of the sale being imminent, that's how I see it.
Today has definitely exposed Mihail though, it's clear his role is the "cheap" option, relying on his legal qualifications to act as lawyer for Nimer and the club, a lack of understanding and the need to be thorough almost cost us, given the Chasity guys main angle was leaning on Mihails lack of detail, language and showing up his lack of experience I'd suggest that Farnell sized him up when he was around and provided that ammo.
It almost worked.
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As MM has been saying there are other expressions of interest, a sale to TS may not be a slam dunk. Until the ink is dry, Sandgaard has passed both the OAD and source and sufficiency of funds tests then it is unlikely to be complete. Therefore it is not wise to suggest that a deal is near, particularly as in the event that the judge hadvupheld the injunction Farnell would have sought a bigger slice of a bigger cake for himself. Having lost, he can only claim whatever TS pays Panorama/Southallmendonca said:One thing that has still left me confused was the constant reference of there being no evidence to indicate a sale was imminent.
Was this part of a plan or a another MM amateurish oversight?!0 -
Thank fuck it wasn’t MM ‘in’ court today ... we may well have lost ... the man has been proved to be smoke and mirrors ... due respect @PragueAddick you saw through him early onCL_Phantom said:mendonca said:One thing that has still left me confused was the constant reference of there being no evidence to indicate a sale was imminent.
Was this part of a plan or a another MM amateurish oversight?!
It's possible that despite TS Twitter talk and going through DD he hasn't actually made a formal offer, and, DD not being considered substantial evidence of the sale being imminent, that's how I see it.
Today has definitely exposed Mihail though, it's clear his role is the "cheap" option, relying on his legal qualifications to act as lawyer for Nimer and the club, a lack of understanding and the need to be thorough almost cost us, given the Chasity guys main angle was leaning on Mihails lack of detail, language and showing up his lack of experience I'd suggest that Farnell sized him up when he was around and provided that ammo.
It almost worked.12 -
FFS Taylor’s gone, just get over it...king addick said:JohnnyH2 said:
Shows all of them including Mihail really were, out of their depth chancersPragueAddick said:Well, this is awkward...from LinkedIn messages
Forwarded from Marian Mihail (linkedin.com/in/marian-mihail-04975751):If you hadn’t had pointed me towards the Trust, I would have never met Lauren. Thanks for that, you did have your part in today’s decision!
Thanks Prague for getting them Lauren because god knows who they would have come up with on their own.54 -
Thanks...it's starting to make sense.0
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It is a good job our legal system views granting an injunction with a high degree of suspicion. The judge was very open in his low regard paid to Mihail's evidence. As a witness you rarely get away with that. The man could have cost us the lot.mendonca said:One thing that has still left me confused was the constant reference of there being no evidence to indicate a sale was imminent.
Was this part of a plan or a another MM amateurish oversight?!
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I realise that MM witness statement was criticised / became a discussion point in the hearing BUT was I alone in thinking that seemed to be a relatively weak argument for PE I.e.that MM hadn’t articulated and evidenced well enough the potential EFL sanctions? And surprised therefore it seemed to have such prominence.Felt to me self evident that EFL sanctions are a real threat regardless of what was in his statement.I would have felt very cheated if that had ultimately gone against us and been permitted as a credible reason to permit the injunction when common knowledge seems to outweigh that argument.The case for the injunction took 90 minutes but I struggle to recall any compelling rationale yet the summing up really ebbed and flowed and kept us on tenterhooks throughout.3
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Well if we are going to get all pedantic about it, there are two types of lawyer in the UK, solicitors and barristers.LargeAddick said:I'm assuming Lauren approached ESI and offered her services via ESI's solicitors as it's too much of a coincidence she was hired otherwise.
Redrobo said:
Lauren is a Barrister not a Lawyer.
Not sure his Lawyer will let him do that!carly burn said:Nothing to stop Nimer selling to the turks!?
Solicitors mostly do not represent clients in court, they provide analysis for clients which may be totally outside of a court process (how to draft a sale and purchase agreement, complete Due diligence, general legal advice).
Legal types with a flair for acting and drama sometimes look to pass the bar and become barristers, they advocate in court for clients often briefed by solicitors.
That’s generally how it works anyway. Both professions would be classed as lawyers.
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Great news. It's a relief it went our way. After the last few years I am finding it hard to get too excited just yet but hope TS completes the deal this week as he is looking to do. Can then start letting LB rebuild. Things certainly looking better than they were. Well done Lauren. Charlton. It's a way of life😁4
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If we are going to get pedantic!Alwaysneil said:
Well if we are going to get all pedantic about it, there are two types of lawyer in the UK, solicitors and barristers.LargeAddick said:I'm assuming Lauren approached ESI and offered her services via ESI's solicitors as it's too much of a coincidence she was hired otherwise.
Redrobo said:
Lauren is a Barrister not a Lawyer.
Not sure his Lawyer will let him do that!carly burn said:Nothing to stop Nimer selling to the turks!?
Solicitors mostly do not represent clients in court, they provide analysis for clients which may be totally outside of a court process (how to draft a sale and purchase agreement, complete Due diligence, general legal advice).
Legal types with a flair for acting and drama sometimes look to pass the bar and become barristers, they advocate in court for clients often briefed by solicitors.
That’s generally how it works anyway. Both professions would be classed as lawyers.
Lawyer is a general term used to describe people who provide legal services. Unlike terms such as solicitor or barrister, lawyer has no defined meaning in UK law. ... A lawyer specialising in property law and in some cases other areas of law, and regulated by the Council for Licensed Conveyancers.
A Notary public is frequently described as a lawyer but is not necessarily a solicitor or a barrister. A Scrivener notary.......has a special place partiuclalry in the established church courts since I recall that they are appointed by the Archbishop of Canterbury
A lawyer is a general term for someone who practices law not just a solicitor or a barrister.5 -
Too right mateKettsJohn said:Great news. It's a relief it went our way. After the last few years I am finding it hard to get too excited just yet but hope TS completes the deal this week as he is looking to do. Can then start letting LB rebuild. Things certainly looking better than they were. Well done Lauren. Charlton. It's a way of life😁2 -
Incidentally, can anyone validate that I was correct in hearing during the proceedings today that Chris Farnell actually represented Lex Dominus Limited in filing the interim application for the injunction? I was on a work call at the same time so it became hard to juggle. If that is the case... my word is he in trouble.22
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Yup that was mentioned as one of the conflicting interests, IPS Law filed the application for an injunctionISawLeaburnScore said:Incidentally, can anyone validate that I was correct in hearing during the proceedings today that Chris Farnell actually represented Lex Dominus Limited in filing the interim application for the injunction? I was on a work call at the same time so it became hard to juggle. If that is the case... my word is he in trouble.3 -
“Don’t grab it unless you’ve got anecdote“valleynick66 said:To the tune of Talal El Karkouri:
La La La La...Lauren Kreamer
(El Ka Ka Ka...El Karkouri)
La La La La...Lauren Kreamer
(El Ka Ka Ka...El Karkouri)2 -
Who pays the clubs wages/bills until a takeover is complete? This will surely trigger esi (crooks 1) or esi (crooks 2) to now move quickly and avoid having to do so themselves?0
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I assume from a wages point of view it's the longest possible time until the next lot are due, as for bills I have no ideamendonca said:Who pays the clubs wages/bills until a takeover is complete? This will surely trigger esi (crooks 1) or esi (crooks 2) to now move quickly and avoid having to do so themselves?0 -
@PragueAddick out of interest, did any of the painstaking dossier work on Farnell & co find it’s way into Kreamer’s teams preparations for this?
Because if so, there are many many fans who should feel proud of the part they’ve played in this.36
This discussion has been closed.
