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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

  • Leeds_Addick
    Leeds_Addick Posts: 4,718
    Chunes said:
    Is the judge allowing an appeal, or are they pursuing an appeal in spite of the judge? 
    From what was said on here earlier I believe they can do both
  • Richard J
    Richard J Posts: 8,035
    Surely if TS buys us for £1 that is the size of the pot.

    Personally I don't want Southall getting anything. If he had not try to do his con we would never have heard of Farnell and Paul Elliott would be an ex players name not a con mans. 
  • LargeAddick
    LargeAddick Posts: 32,743
    IdleHans said:
    Bedsaddick said:
    fat man on a moped said:
    Wonder if we are breaking the law commenting on here as the hearing goes on?

    Why would that be breaking the law ? 
    You are not supposed to report on a case while it is in progress. Judge was clear on that in his opening remarks. 
    perhaps this should have been members only then .....
  • billysboots
    billysboots Posts: 1,596
    CL_Phantom said:
    From my limited understanding...

    This case has always been and still is Elliotts shell co. V Nimers shell co.

    The club can still be sold, the decision yesterday still stands, nothing happening today in regards to the appeal will overturn that.

    The "prosecution" have in their opening statement admited that it's likely a sale will go ahead and be completed before the trial date in November.

    At this point it's making sure that Elliots co. Have a claim in should the courts at the appeal trial decode that yes, their sale agreement was breached. The outcome of that I imagine would be...

    Elliott's legal fees paid
    Compensation to at least the sum of what "he" "put in" probably a bit more on top. This would be billed to Panaroma magic (Nimer)


    Compo would be the price that TS buys ESI from Nimer for i would have thought. 
  • Cafc43v3r
    Cafc43v3r Posts: 21,600
    ForeverAddickted said:
    Chunes said:
    Is the judge allowing an appeal, or are they pursuing an appeal in spite of the judge? 
    How can they do this?
    Court of appeal. 
  • ShootersHillGuru
    ShootersHillGuru Posts: 50,669
    ForeverAddickted said:
    Chunes said:
    Is the judge allowing an appeal, or are they pursuing an appeal in spite of the judge? 
    How can they do this?
    Directly to The Court of Appeal
  • ForeverAddickted
    ForeverAddickted Posts: 95,195
    We're into some dull date stuff now. It's at this stage that I think about making a cup of tea.
  • ForeverAddickted
    ForeverAddickted Posts: 95,195
    edited September 2020
    Cafc43v3r said:
    ForeverAddickted said:
    Chunes said:
    Is the judge allowing an appeal, or are they pursuing an appeal in spite of the judge? 
    How can they do this?
    Court of appeal. 
    ShootersHillGuru said:
    ForeverAddickted said:
    Chunes said:
    Is the judge allowing an appeal, or are they pursuing an appeal in spite of the judge? 
    How can they do this?
    Directly to The Court of Appeal
    Cheers... If anything else is good coming from this its learning more about how the Courts themselves work
  • MattF
    MattF Posts: 3,797
    ShootersHillGuru said:
    ForeverAddickted said:
    Chunes said:
    Is the judge allowing an appeal, or are they pursuing an appeal in spite of the judge? 
    How can they do this?
    Directly to The Court of Appeal
    How long does that take?

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  • Cardinal Sin
    Cardinal Sin Posts: 5,233
    The appeal will have no consequences for Thomas Sandgaard if he is owner before then. It will simply be a case of ESI2 fighting for some of the lucre ESI1 have grabbed from the sale. Nimer can run away but Matt Southall can't. There is now a strong incentive for Nimer selling the club for a relatively small fee as that might persuade ESI2 to drop their interest given the costs involved and lack of certainty that those could be awarded as well. 
  • Chunes
    Chunes Posts: 17,444
    Leeds_Addick said:
    Chunes said:
    Is the judge allowing an appeal, or are they pursuing an appeal in spite of the judge? 
    From what was said on here earlier I believe they can do both
    Then the club will still be under a temporary injunction until the appeal is heard, no?
  • LargeAddick
    LargeAddick Posts: 32,743
    Cafc43v3r said:
    ForeverAddickted said:
    Chunes said:
    Is the judge allowing an appeal, or are they pursuing an appeal in spite of the judge? 
    How can they do this?
    Court of appeal. 
    but that will take weeks and won't stop a sale going ahead
  • Lordflashheart
    Lordflashheart Posts: 5,627
    Blimey it’s all so complicated - you clearly need some brains to work in the law

    Makes me wonder how Farnell ever got to where he is !!!
  • PeanutsMolloy
    PeanutsMolloy Posts: 6,728
    Can't help but like this judge.
    A human being - totally unlike the pompous farts we hear about so often. 
  • roseandcrown
    roseandcrown Posts: 7,591
    Chunes said:
    Leeds_Addick said:
    Chunes said:
    Is the judge allowing an appeal, or are they pursuing an appeal in spite of the judge? 
    From what was said on here earlier I believe they can do both
    Then the club will still be under a temporary injunction until the appeal is heard, no?

    no 
  • LargeAddick
    LargeAddick Posts: 32,743
    Chunes said:
    Leeds_Addick said:
    Chunes said:
    Is the judge allowing an appeal, or are they pursuing an appeal in spite of the judge? 
    From what was said on here earlier I believe they can do both
    Then the club will still be under a temporary injunction until the appeal is heard, no?
    no
  • MattF
    MattF Posts: 3,797
    Chaisty's surely wondering through all this when he will be paid having heard yesterday his client couldn't pay a £1
  • mendonca
    mendonca Posts: 9,438
    The law is solid in this area as it effectively underlines the intention of each party.
  • billysboots
    billysboots Posts: 1,596
    Cardinal Sin said:
    The appeal will have no consequences for Thomas Sandgaard if he is owner before then. It will simply be a case of ESI2 fighting for some of the lucre ESI1 have grabbed from the sale. Nimer can run away but Matt Southall can't. There is now a strong incentive for Nimer selling the club for a relatively small fee as that might persuade ESI2 to drop their interest given the costs involved and lack of certainty that those could be awarded as well. 
    Or take £650k - which means Southall has £350k and leave him to face the music 


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  • Leeds_Addick
    Leeds_Addick Posts: 4,718
    Chunes said:
    Leeds_Addick said:
    Chunes said:
    Is the judge allowing an appeal, or are they pursuing an appeal in spite of the judge? 
    From what was said on here earlier I believe they can do both
    Then the club will still be under a temporary injunction until the appeal is heard, no?
    That's what I thought as well but according to most on here it doesn't seem like it
  • Cafc43v3r
    Cafc43v3r Posts: 21,600
    MattF said:
    ShootersHillGuru said:
    ForeverAddickted said:
    Chunes said:
    Is the judge allowing an appeal, or are they pursuing an appeal in spite of the judge? 
    How can they do this?
    Directly to The Court of Appeal
    How long does that take?
    Got to lodge in 14 days iirc, could take months though to be heard. 
  • cafcfan1990
    cafcfan1990 Posts: 12,811
    Richard J said:
    Surely if TS buys us for £1 that is the size of the pot.

    Personally I don't want Southall getting anything. If he had not try to do his con we would never have heard of Farnell and Paul Elliott would be an ex players name not a con mans. 
    ESI are getting a lot more than £1 from TS. Unbelievable but true. 

    The damages could stretch further because ESI let Elliott put money in. I think Elliott has a strong case against them but I also don't care because we should be owned by TS by then :)
  • Chunes
    Chunes Posts: 17,444
    LargeAddick said:
    Chunes said:
    Leeds_Addick said:
    Chunes said:
    Is the judge allowing an appeal, or are they pursuing an appeal in spite of the judge? 
    From what was said on here earlier I believe they can do both
    Then the club will still be under a temporary injunction until the appeal is heard, no?
    no
    Great.
  • meldrew66
    meldrew66 Posts: 2,568
    PeanutsMolloy said:
    Can't help but like this judge.
    A human being - totally unlike the pompous farts we hear about so often. 

    ...and to think that, pre-hearing, we were reading complaints about his behaviour and decision-making. Like you PM, I thought he was ok when I was watching yesterday.
  • LargeAddick
    LargeAddick Posts: 32,743
    edited September 2020
    MattF said:
    Chaisty's surely wondering through all this when he will be paid having heard yesterday his client couldn't pay a £1
    he is paid by the Solicitors who appointed him, it wouldn't have even crossed his mind. They could have insisted on monies on account before proceeding.
  • killerandflash
    killerandflash Posts: 70,104
    Cardinal Sin said:
    The appeal will have no consequences for Thomas Sandgaard if he is owner before then. It will simply be a case of ESI2 fighting for some of the lucre ESI1 have grabbed from the sale. Nimer can run away but Matt Southall can't. There is now a strong incentive for Nimer selling the club for a relatively small fee as that might persuade ESI2 to drop their interest given the costs involved and lack of certainty that those could be awarded as well. 
    If PE has loaned/given money to the club to pay wages, I imagine TS will return it to him?
  • BrentfordAddick
    BrentfordAddick Posts: 1,467
    Chunes said:

    Then the club will still be under a temporary injunction until the appeal is heard, no?
    No. There is no injunction. The judge can say "I will let you appeal" or "I won't let you appeal". If the latter, then it's off to the Court of Appeal to argue that the judge was wrong in law to not allow an appeal. 
  • Atletico Addick
    Atletico Addick Posts: 5,843
    He's asking for an appeal..
  • soapy_jones
    soapy_jones Posts: 21,423
    Has anyone run across the courtroom yet and dropped a roundhouse on Chaisty?
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