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If Sisu / Arvo get JR compensation ? (1 Viewer)

  • Thread starter sky blue john
  • Start date Jun 17, 2014
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Kingokings204

Well-Known Member
  • Jun 17, 2014
  • #36
If the loan is repaid then sisu can come in and but the debt like the roadmap suggested or ACL can go admin or bust. ACL won't go bust as the shareholders will get nothing back on their shares due to no major creditors so it will restructure the loan with or without sisu.
 
G

Godiva

Well-Known Member
  • Jun 17, 2014
  • #37
Kingokings204 said:
If the loan is repaid then sisu can come in and but the debt like the roadmap suggested or ACL can go admin or bust. ACL won't go bust as the shareholders will get nothing back on their shares due to no major creditors so it will restructure the loan with or without sisu.
Click to expand...

I don't think that can be done. Would YB agree to a new loan of £14m? I think both sides and even the judge agreed that would not be the case.
And even IF they found a new lender - the loan would reflect the increased risks and demand a huge interest. That in itself would make it impossible to survive.

So yes - ACL going bust was - and remains - very much an option.
 

covcity4life

Well-Known Member
  • Jun 17, 2014
  • #38
jon said there was no chance sisu would win this before?

getting an argument ready just in case?

classic trolling jon, i salute you.
 
D

dongonzalos

Well-Known Member
  • Jun 17, 2014
  • #39
Godiva said:
I was agreeing with everything until the very last sentence.

In my understanding - ordering the repaying of the loan is not a remedy but an obligatory action if unlawful state aid is the ruling.
Then I agree again - damages would probably need a seperate hearing, but the judge may rule if he will allow such a hearing or not.
Click to expand...

http://www.publiclawproject.org.uk/data/resources/116/PLP_2006_Remedies_In_JR.pdf
 
D

dongonzalos

Well-Known Member
  • Jun 17, 2014
  • #40
dongonzalos said:
http://www.publiclawproject.org.uk/data/resources/116/PLP_2006_Remedies_In_JR.pdf
Click to expand...

Worth a quick glance very concise and clear
 

shmmeee

Well-Known Member
  • Jun 17, 2014
  • #41
Godiva said:
I was agreeing with everything until the very last sentence.

In my understanding - ordering the repaying of the loan is not a remedy but an obligatory action if unlawful state aid is the ruling.
Then I agree again - damages would probably need a seperate hearing, but the judge may rule if he will allow such a hearing or not.
Click to expand...

From what I've read, it seems the decision would need to be taken again, but there's nothing stopping the council from making the same decision. If, for example, it does hinge on something like notifying the EU, it could well be that they notify them and the EU have no issue with it.

Whatever happens, it won't be clear cut I fear.
 

fernandopartridge

Well-Known Member
  • Jun 17, 2014
  • #42
shmmeee said:
From what I've read, it seems the decision would need to be taken again, but there's nothing stopping the council from making the same decision. If, for example, it does hinge on something like notifying the EU, it could well be that they notify them and the EU have no issue with it.

Whatever happens, it won't be clear cut I fear.
Click to expand...
I don't think the notification really matters in the context of this case. I would imagine failing to notify is a slap on the wrist potentially. Notifying doesn't mean its suddenly legal state aid.
 
G

Godiva

Well-Known Member
  • Jun 17, 2014
  • #43
dongonzalos said:
Worth a quick glance very concise and clear
Click to expand...

I agree - very educational!
Thanks again.
 
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