Court fees & solicitors question ???? (1 Viewer)

sky blue john · May 12, 2014

The JR and the recent Higgs court case.
Now I should have imagined a lot of fees have been racked up already !!
My question who will be footing the bill ????
The way I see it is that Sisu, Arvo, Otium & possibly others are being tagged onto these court actions. But at the end of the day will all the costs be added to CCFC with the myriad of other companies getting a free ride ???

Grendel · May 12, 2014

Higgs shouldnt have persued the invalid claim -- then there would have been no costs

Kingokings204 · May 12, 2014

How much are the fees? A shit load

Who is footing the bill? Otium/CCFC

There was an article on the ccfc website or it was OSB and I wouldn't mind reading it again but it stated the debts and increasing losses cant just be accumulated and dumped onto the club as we all believe. If this was the case I guess we would all do it. Rack up loads of debt and then scrap it off. The costs will have to be paid by the relevant people so in the JR CCC will foot their side of the bill and Otium will get ours. The debts and mounting legal costs cant just be dumped on to the club from what I know and have read.

I would like a link or someone who knows more how all this works.

Kingokings204 · May 12, 2014

Grendel said:
Higgs shouldnt have persued the invalid claim -- then there would have been no costs

Didn't Sisu take it to the high court? Higgs wanted it done out of court to save their costs. Part of the bullying Mr fisher stated.

thegameaintstraight · May 12, 2014

Grendel said:
Higgs shouldnt have persued the invalid claim -- then there would have been no costs

You really are the master of misleading statements. The claim was a perfectly valid one, unfortunately it was not successful.

The Prefect · May 12, 2014

Grendel said:
Higgs shouldnt have persued the invalid claim -- then there would have been no costs

WTF?

SISU took the claim to the higher court and had their claim thrown out on day one. The higher court makes for higher costs.

I understood that the judge ruled that the way the talks broke down wasn't allowed for in the contract. The contract was for SISU to pay Higgs costs if the deal didn't go ahead. Perfectly valid claim - just not successful in the judges opinion as both sides were equally at fault.

The Prefect · May 12, 2014

sky blue john said:
My question who will be footing the bill ????
The way I see it is that Sisu, Arvo, Otium & possibly others are being tagged onto these court actions. But at the end of the day will all the costs be added to CCFC with the myriad of other companies getting a free ride ???

I'm not sure who is bringing the JR to court. If it is SISU (and others) then it is unlikely that the costs of 'others' will have to be paid by the club.

Looking at the case I'm not sure what will happen if SISU are successful. I can only see the funding being reversed in some way. It will be difficult for SISU to prove any level of damages as their landlord's method of financing doesn't really affect their rights as a tenant. Having broken the lease by failing to pay the rent and going to Sixfields I'm at a loss to make any case for damages.

The JR review seems to have nuisance value only as the Yorkshire Bank didn't have any deal with SISU prior to the council buying the mortgage (as far as I'm aware).

oldskyblue58 · May 12, 2014

The JR case has been brought by ARVO, SBS&L and CCFCH

The reason the Charity case was held in the High Court (and therefore greater cost) was because of the size of the counter claim meant it had to be transferred there

The Charity lost their claim because the clause upon which they relied on, contained in a valid legal contract, did not in the judgement by Justice Leggatt cover the particular circumstances that occurred. Legal advice before making the claim had been that the claim was valid and therefore worth pursuing through the lower courts.

The counter claim by SISU, which you would assume they took legal advice on, was dismissed out right by Justice Leggatt (based on legal precedent and case law) as having no basis in law and no merit. There was no contractual obligation at all.

sky blue john · May 12, 2014

Osb I understand that Arvo are funding the club. But is it likely CCFC will be left with the legal bill and in turn end up paying interest to Arvo on it ?

blueflint · May 12, 2014

i've stopped answering grendel he doesn't know any of the answers so why bother

oldskyblue58 · May 12, 2014

It could be possible yes but is that guaranteed no. We just do not know where the costs will land.

In theory CCFC/Otium are not part of the JR but SBS&L which owns Otium is. Also CCFC H is about to be struck off although if it were it couldn't be part of the JR. Doubt we will ever know for sure.

RPHunt · May 12, 2014

There was no need for any of the huge costs of the legal actions or the administration. It is just SISU trying to prove what hard nuts they are:

“If we don’t get our way, then we will batter you in court because we are Billy big bollocks”

Sad fact is, their attempts to batter people in court generally end in failure and their business is fast diminishing into a back street outfit of serial losers.

covcity4life · May 12, 2014

they have beat council/acl at every turn so far no?

blueflint · May 12, 2014

covcity4life said:
they have beat council/acl at every turn so far no?

disagree m8 nobody winning only fans losing at mo

skybluetony176 · May 12, 2014

covcity4life said:
they have beat council/acl at every turn so far no?

Have they? When? Care to give an example?

Perhaps more importantly, could you explain what benefits this battering of acl/ccc has had for our club?

Astute · May 12, 2014

covcity4life said:
they have beat council/acl at every turn so far no?

You are right for once. The answer is no.

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