Legals Update This Week / SISU Lose chance to appeal (1 Viewer)

Fletch

Member
On train home from work overheard Gary Ridley stating that there is genuine concern that the procedural handling of the Woodlands enquiry (which he dismiss fantasy and involving knocking down the school) will be the subject for JR3
 

ccfcway

Well-Known Member
On train home from work overheard Gary Ridley stating that there is genuine concern that the procedural handling of the Woodlands enquiry (which he dismiss fantasy and involving knocking down the school) will be the subject for JR3

Not saying it’s correct but surely the sort of Avenue the owners will persue if their quest is to take a very long term view of litigation ?
 

NorthernWisdom

Well-Known Member
Not saying it’s correct but surely the sort of Avenue the owners will persue if their quest is to take a very long term view of litigation ?
There'll be all kinds of avenues.

I mean, c'mon. What in their past behaviour suggests this is it? Their open letter positively screams that they'll carry on, too. It'll be more of a shock if they don't!
 

oucho

Well-Known Member
In terms of what happens next, one thing's for sure...and that's nothing's for sure!
 

Fletch

Member
Not saying it’s correct but surely the sort of Avenue the owners will persue if their quest is to take a very long term view of litigation ?
Reading between the lines the concern was that junior planning officials hadn’t followed due process
 

clint van damme

Well-Known Member
But what would they get out of appealing that?
They surely wouldn't be looking at the sort of pay outs JR1 and 2 could have yielded if successful?
 

Forever_Blue

Well-Known Member
No statement as yet from the club or our moronic owners... I'm happy to give the Council/Wasps a hard time but we need to hear from CCFC or SISU now...
They’ll be typing up some bollocks this morning no doubt, end of the day they’re pretty much fucked now.
 

SkyBlueDom26

Well-Known Member
SISU will surely appeal, they won't stop until there is no option they can chase or they would of stopped ages ago
 

hill83

Well-Known Member
giphy.gif
 

Forever_Blue

Well-Known Member
3E45F4B4-6C93-4534-ADA8-9557C7CEE786.jpeg
What’s the chances that just when we might agree to talk (if), CCC or Wasps apply to the courts for SISU to pay their Costs? :emoji_laughing:
SISU have already been told they have to pay the costs for CCC, it was in the supreme courts summing up letter.
 

oldskyblue58

CCFC Finance Director
On train home from work overheard Gary Ridley stating that there is genuine concern that the procedural handling of the Woodlands enquiry (which he dismiss fantasy and involving knocking down the school) will be the subject for JR3

This is a possibility but i do not see what would be gained from it. A judicial review is a review of procedure, and i would guess a successful challenge would result in CCC being asked to re run their procedures in line with proper conduct. There might be some small financial loss that has been caused so far that SISU might have a case for claiming but i doubt it is significant, SISU have already said they have limited their expenditure so far because of lack of response

What such an action does not do is distress Wasps, which in my opinion has been the focus of the latest actions. Such an action would not tie Wasps in to JR3 because it would be about something unrelated to Wasps. So i would think any action if there is to be any would be through the civil courts focusing on how Wasps had attempted to distress CCFC by their actions, had tried to wrest ownership away and the resultant financial loss caused to ARVO & SBS&L - not a massively strong case despite what is said in this forum - but it doesnt have to be because it wraps Wasps up in expensive, costly time consuming legal actions

Wasps could still offer CCFC new terms and include a clause making any deal dependent on an end to legal challenges (past present & future) for their purchase of ACL and the lease. From their point of view I would allow a few days to see what SISU response is then offer a reasonable deal for 5 years on a take it or leave it basis. That would include a rent rise but access to a proportion of the associated match incomes like F&B & Car parking. From a CCFC point of view I would want no rent rise and full access to the profits on F&B and Car parking - but i don't think that is going to be on the table.
 

Brighton Sky Blue

Well-Known Member
This is a possibility but i do not see what would be gained from it. A judicial review is a review of procedure, and i would guess a successful challenge would result in CCC being asked to re run their procedures in line with proper conduct. There might be some small financial loss that has been caused so far that SISU might have a case for claiming but i doubt it is significant, SISU have already said they have limited their expenditure so far because of lack of response

What such an action does not do is distress Wasps, which in my opinion has been the focus of the latest actions. Such an action would not tie Wasps in to JR3 because it would be about something unrelated to Wasps. So i would think any action if there is to be any would be through the civil courts focusing on how Wasps had attempted to distress CCFC by their actions, had tried to wrest ownership away and the resultant financial loss caused to ARVO & SBS&L - not a massively strong case despite what is said in this forum - but it doesnt have to be because it wraps Wasps up in expensive, costly time consuming legal actions

Wasps could still offer CCFC new terms and include a clause making any deal dependent on an end to legal challenges (past present & future) for their purchase of ACL and the lease. From their point of view I would allow a few days to see what SISU response is then offer a reasonable deal for 5 years on a take it or leave it basis. That would include a rent rise but access to a proportion of the associated match incomes like F&B & Car parking. From a CCFC point of view I would want no rent rise and full access to the profits on F&B and Car parking - but i don't think that is going to be on the table.

With respect to the last point-could a one off fee be paid in order to access those?
 

OffenhamSkyBlue

Well-Known Member
European court is the next step for them still i think
How many more times? They have not LOST at the Supreme Court (merely been denied leave to appeal, as there is no arguable point of law of public importance), therefore they cannot go to the ECJ.
That is my understanding - legal experts feel free to correct me.
 

chiefdave

Well-Known Member
From a CCFC point of view I would want no rent rise and full access to the profits on F&B and Car parking - but i don't think that is going to be on the table.
Don't see why not, after all we keep being told the benefit of having CCFC there is minimal so shouldn't be a problem to pass those minimal profits over. ;)
 

Grendel

Well-Known Member
Hopefully be a better offer than when Gidney said we could buy them back for the remainder of the original 50 year lease for something ridiculous like £32m

Come on it was only £24 million
 

skybluetony176

Well-Known Member
Doesn’t the European courts deal with EU law rather than our own sovereign laws? Isn’t a judicial review a review into our own sovereign laws? Not sure what jurisdiction the European courts would have on JR2. Unless they use the arguments from JR1 in Europe I’m struggling to see what they’re going to take to Europe exactly. Not sure what they’d be a civil case on given they’ve been battered in both JR’s and JR2 has been deemed by the highest court in the land to have no point in law. JR3 on woodlands seems even more far fetched than JR1 & 2 as no formal procedure has been undertaken and planning has its own appeal process through central government. Surely that would all have to be tested to a conclusion before a JR could be started on the procedure used to reach that conclusion?

Not seeing where this can go now for there to be more proceedings. Not saying that won’t stop SISU trying though as each case has had less merit than the previous and it hasn’t stopped them yet.
 

skybluetony176

Well-Known Member
How many more times? They have not LOST at the Supreme Court (merely been denied leave to appeal, as there is no arguable point of law of public importance), therefore they cannot go to the ECJ.
That is my understanding - legal experts feel free to correct me.

They already have;)
 

oldskyblue58

CCFC Finance Director
With respect to the last point-could a one off fee be paid in order to access those?

Yes that is a possibility, but more so if it were a long term deal. For a five year deal whilst apparently building a new stadium i would suggest access is better reflected for CCFC in the monthly rent

As to the other posters comments - Do you not think that just as CCFC will want to minimise costs and maximise income that Wasps would not want to do the same. As they own the rights to incomes and the lease at the ground the level of charges or access will be set by Wasps in their favour not CCFC's. The choice CCFC have is to accept, try to negotiate or walk away. Wasps are certainly not going to just give parts of it away, and as i understand it see the current deal as undervalue, whether or not CCFC or its fans see differently. CCFC are in a weak position to make demands

If Wasps see the current deal as undervalue, and are looking to increase their own turnover & importantly net profit then it isnt too much of a leap to think a price hike for any new deal is on the cards is it? The alternative is a ground share somewhere outside of the City. Not saying it is best for CCFC just that realistically that is what i see happening.

Just another thought but just as Wasps have been saying for over a year no deal unless no legals, then Wasps have had over a year to prepare for CCFC not being there. Their Plan A might be having CCFC there but what is Plan B if CCFC not there
 

oldskyblue58

CCFC Finance Director
The club has it was basically no comment nothing to do with us its the owners. SISU have yet to comment
 

Users who are viewing this thread

Top