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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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RedChaser said:i_b_b_o_r_g said:Chaisty says there’s no evidence that the club is under any sanctions due to the actions of his client. The embargoes were in place well before my client “came onto the scene”. #cafc0
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LJ Males asking how good Lex Dominus would be for damages if Panorama did miss out on a sale. "Are they a company with any assets?"5
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Lord Justice Males asking what evidence we have that Lex Dominus has any assets. Chaisty doesn’t fully answer, but says Elliott is prepared to put in a personal guarantee. #cafc3
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Covered End said:
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i_b_b_o_r_g said:LJ Males asking how good Lex Dominus would be for damages if Panorama did miss out on a sale. "Are they a company with any assets?"2
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i_b_b_o_r_g said:Lord Justice Males asking what evidence we have that Lex Dominus has any assets. Chaisty doesn’t fully answer, but says Elliott is prepared to put in a personal guarantee. #cafc0
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sillav nitram said:If people can stop saying, ’this isn’t looking good’ it’s only been going 30mins so that doesn’t yet paint the whole picture!
30 mins? Christ it feels like hours
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Chaisty says difficult to understand. LD dependent on the support of Elliott. Chaisty says that Heller offered £100k for the shares of ESI at one point. Elliott offered guarantee of £50k, presumably against damages.0
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Recommend not feeling high neither low as the remarks are made, whether by each other’s counsel or either LJ. Much yet to hear on and ultimately the LJs will not reach a conclusion until they have heard everything and considered the case in the round. We all knew MM did not give a good account in the first hearing, so do not be surprised that Chaisty tries to fully exploit that - for example.1
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Judges questioning this £50k guarantee against damages. Elliott prepared to back any order of damages to this value.0
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i_b_b_o_r_g said:Lord Justice Males asking what evidence we have that Lex Dominus has any assets. Chaisty doesn’t fully answer, but says Elliott is prepared to put in a personal guarantee. #cafc2
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Covered End said:
It really should be as simple as that, an injunction is to stop something happening, you can't get an injunction to stop something you say isn't happening anyway, surely?5 -
Chaisty: "We did say grant the injunction and give liberty to apply to vary if there is a change of circumstances in future that Panorama put to the court."0
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i_b_b_o_r_g said:LJ Lewison says not down to Elliott, underlying documents show that ESI has failed to satisfy source and sufficiency of funds. LD hasn't reached that stage with the EFL.2
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Mal said:I wonder if today is the day the court is told ESI no longer own the club1
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I know a lot of people are saying this hearing isn't affecting the EFL decision on TS, but I can't see how it isn't meself6
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They do love a mini-injunction dont they @ LD!!
Its almost like they're trying to deliberately drag it out2 -
Chaisty: wholly wrong on that basis to grant no injunction at all, when he saw the problem with damages. No protection for LD in Judge Pearce's decision.0
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i_b_b_o_r_g said:I know a lot of people are saying this hearing isn't affecting the EFL decision on TS, but I can't see how it isn't meself
and vice-versa, of course!0 -
It seems like Chaisty is heavily reliant on the fact there’s a lack of physical evidence within PM’s court documents. We know there is evidence to disprove everything he’s saying, am I to presume these documents are not included due to NDA with TS?0
This discussion has been closed.