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Higgs vs CCFC Court Row (1 Viewer)

  • Thread starter Nick
  • Start date Mar 26, 2014
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fernandopartridge

Well-Known Member
  • Apr 1, 2014
  • #351
shmmeee said:
How are you parsing that? I don't understand the "liquidate or put club on market" bit.

Are they saying the council pulled out because they thought they'd liquidate or sell? Wouldn't that mean they wanted Sisu around?

Confused.
Click to expand...

I'm reading it as the motive for loaning the money to ACL wasn't about protecting a public asset......that said, I suppose it doesn't necessarily mean it was about trying to get rid of SISU, but the fact the council themselves have recognised that it may have been one of the outcomes is a big point.
 

fernandopartridge

Well-Known Member
  • Apr 1, 2014
  • #352
shmmeee said:
Early???
Click to expand...

The original attempt - i.e. they were going to file for administration before SISU beat them to it.
 
G

Godiva

Well-Known Member
  • Apr 1, 2014
  • #353
shmmeee said:
How are you parsing that? I don't understand the "liquidate or put club on market" bit.

Are they saying the council pulled out because they thought they'd liquidate or sell? Wouldn't that mean they wanted Sisu around?

Confused.
Click to expand...

More the opposite.
CCC/ACL thought sisu would leave if no deal over Ricoh was found.
CCC then buy out the mortgage which was key element in buying Higgs shares.
CCC expected that sisu would leave as a result.
 

chiefdave

Well-Known Member
  • Apr 1, 2014
  • #354
fernandopartridge said:
It depends on the reason for not getting things done, doesn't it?
Click to expand...

Of course but from what is known at the moment, and of course more will come out in court, a HOT was agreed and then nobody heard from SISU to complete. SISU have said this is because another deal went on behind their back but if that didn't happen until after SISU had walked away I would think that puts a significant dent in SISU's arguement.

Sure when we get to SISUs chap speaking we'll get a very different version of the story so it will most likley come down to who has evidence to back up their claims.
 
D

dongonzalos

Well-Known Member
  • Apr 1, 2014
  • #355
It seems some are desperate for the golden nugget that will prove the JR was correct and the tax payers money was used for part if a giant conspiracy. That now if you believe the club also included the sky blue trust.
 

sky blue john

Well-Known Member
  • Apr 1, 2014
  • #356
fernandopartridge said:
SISU said they thought the early attempt by ACL
to put the club into administration was ACL trying to prompt regime change
Click to expand...

Early attempt ????
How long was it that the rent had not been paid over a year ?
 

oldskyblue58

CCFC Finance Director
  • Apr 1, 2014
  • #357
the trouble with this is that people will seize on individual points as they occur when the reality is that we wont have a clearer??? picture until both sides have put their case forward. Even then it is not guaranteed.

As I understand it the Higgs barrister is doing the talking at the moment so you would have to think he would not be disclosing things that damaged their case.
 
Last edited: Apr 1, 2014
D

dongonzalos

Well-Known Member
  • Apr 1, 2014
  • #358
chiefdave said:
Of course but from what is known at the moment, and of course more will come out in court, a HOT was agreed and then nobody heard from SISU to complete. SISU have said this is because another deal went on behind their back but if that didn't happen until after SISU had walked away I would think that puts a significant dent in SISU's arguement.

Sure when we get to SISUs chap speaking we'll get a very different version of the story so it will most likley come down to who has evidence to back up their claims.
Click to expand...

Exactly all they have said is the finance report considered all the implications of taking such a decision. Which a good finance report will.
 

fernandopartridge

Well-Known Member
  • Apr 1, 2014
  • #359
sky blue john said:
Early attempt ????
How long was it that the rent had not been paid over a year ?
Click to expand...

What's your point?
 
G

Godiva

Well-Known Member
  • Apr 1, 2014
  • #360
oldskyblue58 said:
the trouble with this is that people will seize on individual points as they occur when the reality is that we wont have a clearer??? picture until both sides have put their case forward.
Even then it is not guaranteed.

As I understand it the Higgs barrister is doing the talking at the moment so you would have to think he would not be disclosing things that damaged their case.
Click to expand...

Yes - it's about building a narrative.
Trouble is that Higgs barrister are doing one fine job proving sisu's claim towards the JR.
 

fernandopartridge

Well-Known Member
  • Apr 1, 2014
  • #361
oldskyblue58 said:
the trouble with this is that people will seize on individual points as they occur when the reality is that we wont have a clearer??? picture until both sides have put their case forward.
Even then it is not guaranteed.

As I understand it the Higgs barrister is doing the talking at the moment so you would have to think he would not be disclosing things that damaged their case.
Click to expand...

Of course, it'll be interesting to see how the various pieces of evidence are constructed together.
 
D

dongonzalos

Well-Known Member
  • Apr 1, 2014
  • #362
Godiva said:
Yes - it's about building a narrative.
Trouble is that Higgs barrister are doing one fine job proving sisu's claim towards the JR.
Click to expand...

Or the complete opposite depending in which bits you jump on.
 

bigfatronssba

Well-Known Member
  • Apr 1, 2014
  • #363
fernandopartridge said:
I'm reading it as the motive for loaning the money to ACL wasn't about protecting a public asset......that said, I suppose it doesn't necessarily mean it was about trying to get rid of SISU, but the fact the council themselves have recognised that it may have been one of the outcomes is a big point.
Click to expand...

Its all about motives.

That statement doesn't say their motive for lending the money was to force a club sale, it just says what might be an outcome of it.

For the council to lend the money with the intention of getting rid of sisu is illegal.

For the council to lend money that might have a knock on effect to sisu isn't illegal.

For the council to have a preferred owner of the football club isn't illegal.
 
D

dongonzalos

Well-Known Member
  • Apr 1, 2014
  • #364
Do you think this helps the JR Godiva?

Report suggests council thought Sisu might continue to negotiate a Ricoh deal despite council / Ricoh loan buy-out from Yorkshire Bank
 
G

Godiva

Well-Known Member
  • Apr 1, 2014
  • #365
One thing to remember - CCC are not in court today, it's Higgs against sisu.
Are Higgs putting distance between themselves and CCC?
 
D

dongonzalos

Well-Known Member
  • Apr 1, 2014
  • #366
bigfatronssba said:
Its all about motives.

That statement doesn't say their motive for lending the money was to force a club sale, it just says what might be an outcome of it.

For the council to lend the money with the intention of getting rid of sisu is illegal.

For the council to lend money that might have a knock on effect to sisu isn't illegal.

For the council to have a preferred owner of the football club isn't illegal.
Click to expand...

They have just considered all the outcome SISU selling was a possibility
SISU staying and negotiating was a possibility
 

oldskyblue58

CCFC Finance Director
  • Apr 1, 2014
  • #367
Godiva said:
Yes - it's about building a narrative.
Trouble is that Higgs barrister are doing one fine job proving sisu's claim towards the JR.
Click to expand...

really? .......... on the basis of twitter messages of 140 characters max ....... think right now that is a bit too big a leap to make
 

sky blue john

Well-Known Member
  • Apr 1, 2014
  • #368
fernandopartridge said:
What's your point?
Click to expand...

My point is it can not be claimed an early attempt.
 
J

Jack Griffin

Guest
  • Apr 1, 2014
  • #369
fernandopartridge said:
I'm reading it as the motive for loaning the money to ACL wasn't about protecting a public asset......that said, I suppose it doesn't necessarily mean it was about trying to get rid of SISU, but the fact the council themselves have recognised that it may have been one of the outcomes is a big point.
Click to expand...

Its hardly a staggeringly unlikely conclusion to think that a company losing money hand over fist might call it a day.

Simon Gilbert ‏@TheSimonGilbert 16 mins

Report suggests council thought Sisu might continue to negotiate a Ricoh deal despite council / Ricoh loan buy-out from Yorkshire Bank
from Birmingham, Birmingham

Simon Gilbert ‏@TheSimonGilbert 23 mins

Higgs charity claims Ricoh / council loan restructure took place after exclusivity agreement with Sisu over Ricoh negotiations had expired.
from Birmingham, Birmingham


Simon Gilbert ‏@TheSimonGilbert 26 mins

Report suggests council thought Sisu would liquidate club after council/Ricoh loan deal or could be persuaded to put CCFC on market.
Click to expand...

The last few tweets either contain a contradiction, or as don suggested several options that were considered, unless you read the report directly it is hard to say what the emphasis was, though it seem,s to fall on the side of liquidation being more likely. But wasn't Fisher talking about liquidation shortly before the loan deal?
 
Last edited by a moderator: Apr 1, 2014

Nick

Administrator
  • Apr 1, 2014
  • #370
SISU QC up now.
 

Sub

Well-Known Member
  • Apr 1, 2014
  • #371
Simon Gilbert‏@TheSimonGilbert2 minsHiggs' barrister has sat down after almost 2.5 hours. Sisu QC up now talking about Sisu's counter-claim.
 
D

Deleted member 5849

Guest
  • Apr 1, 2014
  • #372
oldskyblue58 said:
the trouble with this is that people will seize on individual points as they occur when the reality is that we wont have a clearer??? picture until both sides have put their case forward. Even then it is not guaranteed.

As I understand it the Higgs barrister is doing the talking at the moment so you would have to think he would not be disclosing things that damaged their case.
Click to expand...

Don;t think we'll have a particularly clearer picture afterwards tbh.

This is just the friendly game, before the competitive matches kick off later!
 

Sub

Well-Known Member
  • Apr 1, 2014
  • #373
Simon Gilbert‏@TheSimonGilbert12sSisu seeking to add costs of Avro, Sky Blue Sport & Leisure and Otium to those of Sisu Capital as part of counter claim for £290,000
 

chiefdave

Well-Known Member
  • Apr 1, 2014
  • #374
Nick said:
SISU QC up now.
Click to expand...

Says Higgs guy spoke for 2.5 hours so there's been a lot said we don't know about!
 
G

Godiva

Well-Known Member
  • Apr 1, 2014
  • #375
chiefdave said:
Says Higgs guy spoke for 2.5 hours so there's been a lot said we don't know about!
Click to expand...

Give Simon a break - he typed as fast as he could.
 
J

Jack Griffin

Guest
  • Apr 1, 2014
  • #376
A little more detail here in covmad report http://www.coventrycity-mad.co.uk/n..._ccfc_funding_court_hears_829424/index.shtml?

Court Case Latest

The court in Birmngham this morning heard that SISU boss Joy Seppala would with draw funding from Coventry City Football Club if they were not given the Ricoh Arena.

The claim was made during the court case which sees the Alan Higgs Charity suing SISU for £29k and SISU, who turned up with seven legal representatives, counter-claiming for £290k for costs incurred after talks about buying the Ricoh Arena fell through.

According to the Coventry Telegraph's Simon Gilbert, The Higgs Legal Representative John Brennan said "a strategic meeting was held between Coventry City Council, Higgs and Sisu on April 19, 2012. In that meeting Sisu boss Joy Seppala claimed that Sisu would withdraw CCFC funding unless they could agree a deal for the Ricoh Arena."
Click to expand...
 

oldskyblue58

CCFC Finance Director
  • Apr 1, 2014
  • #377
Sub said:
Simon Gilbert‏@TheSimonGilbert12sSisu seeking to add costs of Avro, Sky Blue Sport & Leisure and Otium to those of Sisu Capital as part of counter claim for £290,000
Click to expand...

The Otium part of that is interesting. from its incorporation in 2011 through to 31/05/13 then the only costs disclosed in the accounts is interest payable to ARVO and the write down of the loans made to CCFC H (they sourced the money from ARVO). The accounts say they have no employees. So how were there any costs during the period of negotiation with the charity in 2012?
 

AFCCOVENTRY

Well-Known Member
  • Apr 1, 2014
  • #378
I was thinking that as well OSB.

Don't tell me the accounts are not accurate? Lol
 

sw88

Chief Commentator!
  • Apr 1, 2014
  • #379
oldskyblue58 said:
The Otium part of that is interesting. from its incorporation in 2011 through to 31/05/13 then the only costs disclosed in the accounts is interest payable to ARVO and the write down of the loans made to CCFC H (they sourced the money from ARVO). The accounts say they have no employees. So how were there any costs during the period of negotiation with the charity in 2012?
Click to expand...

Hopefully the judge picks up on this
 
L

Lorksalordy

New Member
  • Apr 1, 2014
  • #380
I am trying to keep up with this and realise that Simon's twitter updates are only snippets but I have not seen anything obvious on the summary of the Higgs statements actually regarding the £29k that this is meant to be about. Apologies if I have missed it.
 

Nick

Administrator
  • Apr 1, 2014
  • #381
oldskyblue58 said:
The Otium part of that is interesting. from its incorporation in 2011 through to 31/05/13 then the only costs disclosed in the accounts is interest payable to ARVO and the write down of the loans made to CCFC H (they sourced the money from ARVO). The accounts say they have no employees. So how were there any costs during the period of negotiation with the charity in 2012?
Click to expand...

Will both sides need to show their list of costs? Invoices, bills etc?
 

chiefdave

Well-Known Member
  • Apr 1, 2014
  • #382
Lorksalordy said:
I am trying to keep up with this and realise that Simon's twitter updates are only snippets but I have not seen anything obvious on the summary of the Higgs statements actually regarding the £29k that this is meant to be about. Apologies if I have missed it.
Click to expand...

Think we'll need to wait from Simon to do a full report this evening to get more detail.
 

chiefdave

Well-Known Member
  • Apr 1, 2014
  • #383
Nick said:
Will both sides need to show their list of costs? Invoices, bills etc?
Click to expand...

Sure the judge will want to check that. I can see how you could rack up £29K in legal fees etc on this sort of thing but a breakdown of the £290K could be interesting reading. What odds on a large chunk of it being one part of SISU charging another part or payment for Fishers time?
 

duffer

Well-Known Member
  • Apr 1, 2014
  • #384
So, if I've read this right, the Higgs QC says the timeline is a bit like this.

April 2012 - Joint meeting with all parties, SISU threaten to pull out of club unless deal done for Ricoh. (Club stops paying rent).
May 2012 - HoT agreed with AEHC, presumably to move along SISU obtaining at least part of Ricoh/ACL.
(time passes, SISU go no further with AEHC deal, hence claim in court today)
Dec 2012 - CCC Finance officer's report. States SISU may see CCC taking over mortgage as hostile, may choose to sell, may choose to negotiate.

(other dates, for reference)
Jan 2013 - CCC take over mortgage.
Mar 2013 - ACL start admin proceedings against CCFC.

I'm not sure I see the officer's report as a smoking gun, isn't it really just outlining all of the possiblities if CCC take over the loan?

In itself, given the time that passed between the HoT and the report I'm not sure how it affects this specific case, but I guess we'll see.

(Edit: It's May 2012 the HoT discussion, got it from http://skybluetrust.co.uk/index.php/timeline)
 
Last edited: Apr 1, 2014

oldskyblue58

CCFC Finance Director
  • Apr 1, 2014
  • #385
Nick said:
Will both sides need to show their list of costs? Invoices, bills etc?
Click to expand...

I think the process would be that the legal costs etc would be sent to be "taxed". The court will decide what is reasonable in that respect. In terms of the costs claimed by the actions then I would think they will have to be proven to the judge
 
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