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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

  • It's disappointing but let's all calm down and assess things. 

    Personally I still think it's unlikely they will get a longer injunction and so I truly believe that TS will be the owner of the club by Friday 11th September. 
  • With all fairness tho, Chaisty could be the sole reason why we no longer exist.
    Disagree I sent an upbeat article......makes me feel better
  • It's disappointing but let's all calm down and assess things. 

    Personally I still think it's unlikely they will get a longer injunction and so I truly believe that TS will be the owner of the club by Friday 11th September. 
    i am not letting myself believe this until it's done now. Everyone assumed today was nothing to worry about yet here I am angry and shitting myself. 
  • i am not letting myself believe this until it's done now. Everyone assumed today was nothing to worry about yet here I am angry and shitting myself. 
    Understandable. It's a small win for them, but our win yesterday was far bigger. 
  • edited September 2020
    With all fairness tho, Chaisty could be the sole reason why we no longer exist.
    Worded wrong shouldn't say "sole reason" I apologise. But it feels like he is bringing us down in the mud along with farnell elliott etc. I know it's his job. But that still doesn't help me and makes me f#####g raging our club could be no more.
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  • What bearing will yesterday's decision have on the judge at the court of appeal? Will he have to acknowledge that the injunction was refused twice? Do they get to submit new evidence to the court of appeal?
  • He has really not enjoyed being bested by a young girl, has he.  It's really eating his noodle.

    Show some respect.  She's a woman, not a young girl.  Didn't her tweets refer to having a daughter going off to university?
  • To be fair to the judge, he denied the injunction yesterday, and denied the appeal today.

    I don't believe he is allowed to deny the appeal to Court of Appeals which Chaisty brought up at the end. Judge has probably helped as much as possible by only offering a 7 day rule, I'm sure Chaisty would have wanted longer. 
    I would like it made clear, I have no objection to that and I agree with you. I am purely objecting to the argument that Chaisty could be the 'sole reason'- that's without getting into all the individuals involved from day one of Duchatelet onto ESI v2. 


  • cafcpolo said:
    I don't think PE wants paying off, otherwise he'd be gone by now and this would be over. If he does, he wants a hell of a lot more than to cover his loses.
    Ok, put it this way for example. Say TS is prepared to pay £6m for the club and says to ESI 1 and 2 sort it out amongst yourselves as to who gets what . Do you then think they would want the expense of going to trial in November when one of them could end up with nothing?
  • Worst thing, for me, is that this is obviously correct. We all know that the minute TS pays Panorama, Panorama is going to transfer the money to Nimar's account and then fold, leaving Lex Dominus to try and sue the former director of a no-longer-existent business in the UAE's courts. I honestly cannot see how the injunction will not be extended until the trial on that basis, because otherwise you are offering a remedy that everyone knows is not really a remedy.
  • Worst thing, for me, is that this is obviously correct. We all know that the minute TS pays Panorama, Panorama is going to transfer the money to Nimar's account and then fold, leaving Lex Dominus to try and sue the former director of a no-longer-existent business in the UAE's courts. I honestly cannot see how the injunction will not be extended until the trial on that basis, because otherwise you are offering a remedy that everyone knows is not really a remedy.
    I think that was brought up today though and it didn't hold enough water for the judge to allow them to appeal
  • Unlike London, Manchester could take trial in November so in order to achieve a speedy trial strong argument to hold it in Manchester. Declines transfer.

    Well, we are under an transfer embargo so I'm not surprised.
  • Worst thing, for me, is that this is obviously correct. We all know that the minute TS pays Panorama, Panorama is going to transfer the money to Nimar's account and then fold, leaving Lex Dominus to try and sue the former director of a no-longer-existent business in the UAE's courts. I honestly cannot see how the injunction will not be extended until the trial on that basis, because otherwise you are offering a remedy that everyone knows is not really a remedy.
    Then why not grant the injunction yesterday? If this injunction is extended it's the same thing isn't it? 
  • edited September 2020
    Worst thing, for me, is that this is obviously correct. We all know that the minute TS pays Panorama, Panorama is going to transfer the money to Nimar's account and then fold, leaving Lex Dominus to try and sue the former director of a no-longer-existent business in the UAE's courts. I honestly cannot see how the injunction will not be extended until the trial on that basis, because otherwise you are offering a remedy that everyone knows is not really a remedy.
    That's besides the point though. At this moment in time there's nothing saying that Nimer owes Elliott one penny. No Judge should award an injunction on the basis that Nimer will run with the money because legally, he doesn't owe Elliott one penny yet. 
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  • I would like it made clear, I have no objection to that and I agree with you. I am purely objecting to the argument that Chaisty could be the 'sole reason'- that's without getting into all the individuals involved from day one of Duchatelet onto ESI v2. 


    Agree with you too. 
  • edited September 2020
    To be fair to the judge, he denied the injunction yesterday, and denied the appeal today.

    I don't believe he is allowed to deny the appeal to Court of Appeals which Chaisty brought up at the end. Judge has probably helped as much as possible by only offering a 7 day rule, I'm sure Chaisty would have wanted longer. 
    They were always going to appeal, they said. The judge can't stop them going to the Court of Appeal, that's what it is there for (he denied them the right to take it to another judge). The new thing is the 7 day injunction and the possibility, however small, that this could be extended at some stage, preventing the sale of the company that owns the football operations of CAFC.
  • I fear the worst now 
  • Worst thing, for me, is that this is obviously correct. We all know that the minute TS pays Panorama, Panorama is going to transfer the money to Nimar's account and then fold, leaving Lex Dominus to try and sue the former director of a no-longer-existent business in the UAE's courts. I honestly cannot see how the injunction will not be extended until the trial on that basis, because otherwise you are offering a remedy that everyone knows is not really a remedy.
    I do not know if it is possible or legal, but if TS agrees a fee with Panorama to buy the club, the deal goes through, but the money is paid into an independent account until after the trial in November. After the result of that, the winner takes the money, less expenses for the lawyer who has been holding the money
  • This, this week was massive regarding the squad and it’s gone now, Bowyer still toying between which under 17 will make the bench at crewe, this week injunction could set us back a season or two, you might think I’m being dramatic, but we now start the season with our worst squad for years.
    I'm more concerned as to whether we will have a club to support, rather than which U17 will make the bench at Crewe.
  • That's besides the point though. At this moment in time there's nothing saying that Nimer owes Elliott one penny. No Judge should award an injunction on the basis that Nimer will run with the money because legally, he doesn't owe Elliott one penny yet. 

    I most certainly hope that you are right, and I am definitely no legal expert so you probably are.
  • Talal said:
    Then why not grant the injunction yesterday? If this injunction is extended it's the same thing isn't it? 
    Exactly. My opinion is that Elliott has not provided enough evidence to prove he owns the club. I'd really like to see the EFL reject him ASAP now!
  • So the big issue is more wether they are allowed to extend the injunction, something they have been advised against?

  • I most certainly hope that you are right, and I am definitely no legal expert so you probably are.
    I do get what you are saying. I do think if Nimer sells the club then Elliott will never see or hear from him again. Panorama Magic will disappear and so he's got zero chance of recovering any costs. 

    BUT, let's not forget that no judgement has been passed that said Panorama owe Elliott a penny. It's dangerous for a judge to assume what Nimer might do, it's essentially throwing accusations around. 
  • ross1 said:
    I do not know if it is possible or legal, but if TS agrees a fee with Panorama to buy the club, the deal goes through, but the money is paid into an independent account until after the trial in November. After the result of that, the winner takes the money, less expenses for the lawyer who has been holding the money
    THIS!!!! Why can’t this be done? Or can it? Surely it’s problem solved this way?!
This discussion has been closed.

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