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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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SoundAsa£ said:
Just go back over the last 80 odd pages......the answer will be in there somewhere.🤔🤔🤔GoOnYouHaddocks said:Could one of the posters who understand the law give an indication on how they think this will play out?
Maybe a percentage that it gets denied, or odds for and against or something, because I really haven't got a scooby what's going on
If we are only on page 129 there can’t be 80 odd pages...#passingthetimetilkickoff.1 -
Its match day 3, excitement building. As its the match thread the team sheet must be on its way shortly, hopefully an injury in the warm up for the opposition0
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My point was an injunction is sought to stop (or delay) something happening. Judge Pearce SIXTEEN days ago ruled against an injunction........but yet a sale hasn't yet happened because an appeal was granted. Therefore an injunction of sorts has already happened.Redrobo said:
Not quite right. It is a Hearing to decide if there should be an injunction preventing the sale of EIS Ltd until the Hearing in November.golfaddick said:So, let's get this straight. This is an appeal to overturn Judge Pearce's ruling that an injunction to stop ESI selling its shares to anyone but Paul Elliott is wrong.
The fact that an injunction is a mechanism to stop something happening, and seeing as the original injunction hearing was 16 days ago, makes ruling against an injunction a farce.
Me - "stop - you can't sell that its mine"
Judge "no it's not - sale can proceed"
Me - " I'll appeal then"
Judge " you want to appeal, oh that's a different matter then. Stop the sale"
So, you have a Judge saying you cant stop the sale but appeal that decision & the sale is stopped.
Bonkers. The law is indeed an ass & I'm a banana.
The Hearing in November will decide if Elliott has the exclusive right to buy.
As I said, the law is an ass.
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getting a tad nervous now, less than 30 minutes till kick off, would be less nervous if I were 30,000 feet up in the air ....3
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Are the teams out yet1
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Deep down, I think we all know they'll win this appeal.16
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Anyone got any matchday analogies please?
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Game of two halves.i_b_b_o_r_g said:Anyone got any matchday analogies please?
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How likely are two judges going to overturn a decision already made by a judge?0
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Thomas is, and seems to have maintained his positivity!!LargeAddick said:getting a tad nervous now, less than 30 minutes till kick off, would be less nervous if I were 30,000 feet up in the air ....2 - Sponsored links:
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40%?ValleyGary said:How likely are two judges going to overturn a decision already made by a judge?7 -
Normally I would say not likely but I after the last two judgements getting to this point. I would not like to call it.ValleyGary said:How likely are two judges going to overturn a decision already made by a judge?
I am expecting the worse than anything else is a bonus.4 -
One of the requirements for an appeal being granted is that it must have a high likelihood of success. But this is strange when you consider that only 40% do actually succeed, as Jints pointed out. So who knows.ValleyGary said:How likely are two judges going to overturn a decision already made by a judge?0 -
Team news in, Morgan on the bench again15
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Please, God. I promise to be a good boy if you let this appeal fail. I will eat all my greens and tidy my room and put my toys away Please, please, please 🙏🙏🙏🙏7
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An injunction was sought until November. It was refused. A short one was granted to allow an application for permission to appeal. That makes sense otherwise there would be no point in the appeal process. Permission was granted (the appeal itself has not been allowed or granted that is what is being heard today). The injunction was extended until the appeal decision is made.golfaddick said:
My point was an injunction is sought to stop (or delay) something happening. Judge Pearce SIXTEEN days ago ruled against an injunction........but yet a sale hasn't yet happened because an appeal was granted. Therefore an injunction of sorts has already happened.Redrobo said:
Not quite right. It is a Hearing to decide if there should be an injunction preventing the sale of EIS Ltd until the Hearing in November.golfaddick said:So, let's get this straight. This is an appeal to overturn Judge Pearce's ruling that an injunction to stop ESI selling its shares to anyone but Paul Elliott is wrong.
The fact that an injunction is a mechanism to stop something happening, and seeing as the original injunction hearing was 16 days ago, makes ruling against an injunction a farce.
Me - "stop - you can't sell that its mine"
Judge "no it's not - sale can proceed"
Me - " I'll appeal then"
Judge " you want to appeal, oh that's a different matter then. Stop the sale"
So, you have a Judge saying you cant stop the sale but appeal that decision & the sale is stopped.
Bonkers. The law is indeed an ass & I'm a banana.
The Hearing in November will decide if Elliott has the exclusive right to buy.
As I said, the law is an ass.
The law is sometimes an ass but not on this occasion.3 -
GoOnYouHaddocks said:Could one of the posters who understand the law give an indication on how they think this will play out?
Maybe a percentage that it gets denied, or odds for and against or something, because I really haven't got a scooby what's going onMy view is that our defence failed to provide a factual argument to support their view that the impact on granting LD's injunction would be catastrophic for the club and, therefore, I was surprised that Judge Pearce found in our favour that day. Assuming that there is no new evidence provided, I fully expect the Appeal Judges to grant the injunction. Christ knows what impact that will have on TS being able to buy the club.
If I am wrong and the CoA decline the appeal, I am expecting that the EFL will show their hand by approving TS's application for the OADT and re-confirming PE's decline. That would then, in all probability, lead to us signing 4-7 players this week and completing the sale to TS.
If it goes against us, I believe that the EFL will continue to sit on the fence, keep the embargo in place, not complete the 2 x OADT reviews and wait for the outcome of the Injunction court case on 17th November. This is the potential doomsday scenario for this season and, potentially, the future of the club. I believe that TS potentially walking away would be the biggest threat to the future of our club.
On that basis, as I have grave concerns about the likely outcome of today's hearing, let's hope that I am wrong. The implications for us are frightening. In 2 judges' hands we rest!
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Cheers, must have missed Jints earlier post.Chunes said:
One of the requirements for an appeal being granted is that it must have a high likelihood of success. But this is strange when you consider that only 40% do actually succeed, as Jints pointed out. So who knows.ValleyGary said:How likely are two judges going to overturn a decision already made by a judge?0 -
I’m off work with a bacterial ear infection, can’t get it wet so no showers.
I’ll be following this one from the bath lads.
Don’t think they’ll let me join the virtual court though...4 -
ValleyGary said:How likely are two judges going to overturn a decision already made by a judge?
It will be 1-1 which should go in favour of Judge Pearce's original decision.
I feel really nervous.0 - Sponsored links:
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I’d be a lot happier if the judges were born in woolwich and went to Bloomfield finishing school for young gentlemen. 😉6
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Do away goals count as double?soapboxsam said:ValleyGary said:How likely are two judges going to overturn a decision already made by a judge?
It will be 1-1 which should go in favour of Judge Pearce's original decision.
I feel really nervous.1 -
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Depends how long they allow Chaisty to waffle on.CH4RLTON said:I cant see this taking as long as the others.5 -
Really missing Cullen in midfield here3
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I'm in the Court of Appeal hearing. Able to tweet unless judges tell media otherwise. Reporting has to be fair and balanced.
Might be a long 2.5 hours wait3 -
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Solidgone said:
Do away goals count as double?soapboxsam said:ValleyGary said:How likely are two judges going to overturn a decision already made by a judge?
It will be 1-1 which should go in favour of Judge Pearce's original decision.
I feel really nervous.
No SG.
The judges then spin a coin each and heads ES2 win the right to appeal and tails ES1 lose.
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For those of you old enough to remember a certain childrens TV programme "Are you sitting comfortable then I will begin"
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https://youtu.be/q4_xUBX8Ojo
This discussion has been closed.
