Implications re Judges comments (1 Viewer)

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J

jesus-wept

New Member
I am thinking reading the judges comments could these impact on the forthcoming court case with Northampton Town. The case is around contract law and one thing I don't think David Cardoza can claim as he has is "we were only helping out" The facts such as illegally withholding rent to put commercial pressure on acl and for going against a High Court judgement is quiet damning and I don't think Cardoza can claim ignorance either.
 
WiganSkyBlue

WiganSkyBlue

Member
Would this judgement have any implications for the Administrator and the decisions he has made? I suspect not, but I pose the question any way. Would osb58 know?
 
J

jesus-wept

New Member
Doubt it, Looks like Appleton has worked within the law perhaps not morally but sometimes legal and moral clash.
 
oldskyblue58

oldskyblue58

CCFC Finance Director
It would seem that the Judge has read the statement of facts produced by SISU

then read the statement of defence facts produced by the CCC

Has then decided that the Council had no case to answer based on the facts

To me it confirms my opinion of the SISU side of things ........... makes me wonder what else prtrayed by them as "facts" are something other

That does not absolve ACL or CCC of their responsibilities in this but this judgement is the clearest indication as to the truth of what is going on in my opinion

Hopefully it draws us a step or two closer to our team playing in our city ........ and talking on here about football 90% of the time !
 
R

RogerH

New Member
oldskyblue58 said:
It would seem that the Judge has read the statement of facts produced by SISU

then read the statement of defence facts produced by the CCC

Has then decided that the Council had no case to answer based on the facts

To me it confirms my opinion of the SISU side of things ........... makes me wonder what else prtrayed by them as "facts" are something other

That does not absolve ACL or CCC of their responsibilities in this but this judgement is the clearest indication as to the truth of what is going on in my opinion

Hopefully it draws us a step or two closer to our team playing in our city ........ and talking on here about football 90% of the time !
Click to expand...

Amen to that
 
Senior Vick from Alicante

Senior Vick from Alicante

Well-Known Member
OSB do you think the judges comments could be used by ACL to get the golden share with held from Otium? Surely Sisu have submitted inaccuracies to the league in stating their case for moving, some of which are breaking the rules of the fit and proper persons test referred to in the footy law blog posts on the subject. If the Council and the Higgs now sold to PH4 do you think this would muddy the waters in any way?
 
J

jesus-wept

New Member
I actually think the next move will be to take the Football League to the High Court. Perhaps on something dereliction of duty something like that
 
oldskyblue58

oldskyblue58

CCFC Finance Director
I think what the judgement has done is to take some pressure off ACL, CCC and Charity. The threat of costly legal batlles over the JR is removed which is good news for the Charity in particular (they simply dont have the finances for such a fight)

It also puts in to public perception that the things that were done in respect of the loan by ACL & Council were right and lawful. This is contrary to media reports, twitter comments, forum comments by some people who hadnt actually bothered to get a copy of the defence to the JR before passing their own judgements on the legality of the actions taken by the CCC. Do not suppose there will be any retraction by those parties though. Equally many will portray the JR claim as simply more lies by SISU. I think people had lost sight of the fact that just because you bring a claim that doesnt make you right.

Also puts to bed the fanciful claim that Seppala is some sort of wonder business person, always wins in court and always gets her own way

The CCC will now not bound by legal restrictions become more confident/bullish in their statements. Bear in mind that the latest statement was signed by both sides of the council- so no split in the decision making regarding the Ricoh is evident

Haskell. Well if he is serious one of the biggest obstacles to him buying an interest in the Ricoh is about to be removed. If he did buy in - and i am not saying he will - then that puts a big road block infront of SISU's ambitions for the Ricoh. Means they have to build their new stadium on the back of a financial black hole and very little support

Football League. Clearly more evidence to make the FL perhaps reconsider certainly. It adds to what ACL etc are telling them. Will it make them reconsider i am not sure. The FL seem to be a stubborn blinkered organisation that look to themselves more than anyone else. They wont want to be seen to be wrong or stupid (frankly hard to avoid in my opinion) but they will not just change the decision. They will claim that this JR is not a matter to do with them and therefore not part of their decision I suspect. To be honest their position gets more untenable by the day and will result in serious consequences for the whole governance of football. It might even be the chink of light HMRC need to change things and that might affect a lot of things (if rulles proven not fit for purpose then perhaps football creditors rule can not be relied upon for example)
 
The Penguin

The Penguin

Well-Known Member
oldskyblue58 said:
Football League. Clearly more evidence to make the FL perhaps reconsider certainly. It adds to what ACL etc are telling them. Will it make them reconsider i am not sure. The FL seem to be a stubborn blinkered organisation that look to themselves more than anyone else. They wont want to be seen to be wrong or stupid (frankly hard to avoid in my opinion) but they will not just change the decision. They will claim that this JR is not a matter to do with them and therefore not part of their decision I suspect. To be honest their position gets more untenable by the day and will result in serious consequences for the whole governance of football. It might even be the chink of light HMRC need to change things and that might affect a lot of things (if rulles proven not fit for purpose then perhaps football creditors rule can not be relied upon for example)
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Heh, who would have thought that plucky old Coventry City could be responsible for the downfall of the Football League?
 
oldskyblue58

oldskyblue58

CCFC Finance Director
Just to add to the above

This is one legal case ...... it does not mean that there might not be others instigated by SISU in a process to distress ACL and its stakeholders. The cases are brought to drain funds and inconvenience. It was probably however the biggest case they could have instigated to put pressure on the CCC - and seemingly they lost it and have to pay all costs

Does this make it more likely SISU will walk away perhaps but I would not rely on that so maybe not
 
Sisued

Sisued

New Member
oldskyblue58 said:
Just to add to the above

This is one legal case ...... it does not mean that there might not be others instigated by SISU in a process to distress ACL and its stakeholders. The cases are brought to drain funds and inconvenience. It was probably however the biggest case they could have instigated to put pressure on the CCC - and seemingly they lost it and have to pay all costs

Does this make it more likely SISU will walk away perhaps but I would not rely on that so maybe not
Click to expand...

Unlike most sisu Court cases this is being fought very publicly. The more they are held in the spotlight the more questions will be asked of all of the business dealings they have.

Let's hope it's the beginning of the end
 
blueflint

blueflint

Well-Known Member
why don't we as fans get together and take the football league to court for precisely dereliction of duty and failing to abide by their own rules
 
B

Bluegloucester

New Member
oldskyblue58 said:
Just to add to the above


This is one legal case ...... it does not mean that there might not be others instigated by SISU in a process to distress ACL and its stakeholders. The cases are brought to drain funds and inconvenience. It was probably however the biggest case they could have instigated to put pressure on the CCC - and seemingly they lost it and have to pay all costs

Does this make it more likely SISU will walk away perhaps but I would not rely on that so maybe not
Click to expand...

With the result of this case and Seppala's comments on 25 July, she may find it difficult to convince a judge that any further actions against ACL/CCC were not vexatious and were being brought to court without merit.
 
oldskyblue58

oldskyblue58

CCFC Finance Director
Bluegloucester said:
With the result of this case and Seppala's comments on 25 July, she may find it difficult to convince a judge that any further actions against ACL/CCC were not vexatious and were being brought to court without merit.
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true but doesnt mean she might not try
 
S

Snozz_is_god

New Member
oldskyblue58 said:
It would seem that the Judge has read the statement of facts produced by SISU

then read the statement of defence facts produced by the CCC

Has then decided that the Council had no case to answer based on the facts

To me it confirms my opinion of the SISU side of things ........... makes me wonder what else prtrayed by them as "facts" are something other

That does not absolve ACL or CCC of their responsibilities in this but this judgement is the clearest indication as to the truth of what is going on in my opinion

Hopefully it draws us a step or two closer to our team playing in our city ........ and talking on here about football 90% of the time !
Click to expand...

Once again OSB58, summed up perfectly!
 
chiefdave

chiefdave

Well-Known Member
blueflint said:
why don't we as fans get together and take the football league to court for precisely dereliction of duty and failing to abide by their own rules
Click to expand...

how much would this actually cost? there must be a CCFC supporting lawyer who would do it at cost. Not sure there would be much chance of winning but could get some press and prove embarrassing for the FL. You never know, if they have to start justifying their decisions the whole house of cards could come tumbling down.
 
H

hopesprings

Well-Known Member
dadgad said:
I would personally chip in to see that happen.
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Me too I do think that by badgering the FL and their officers we can really make something happen. I have written to the Telegraph,BBC and Sky to ask them why their reporters are either not seeking and or getting interviews with the chairman and his successor..Come on guys nag everyone you can to get the football league to respond!!
 
S

skybluehugh

New Member
jesus-wept said:
I actually think the next move will be to take the Football League to the High Court. Perhaps on something dereliction of duty something like that
Click to expand...


Now that would make things interesting. i wonder what their defence would be to their decision making over the last couple of months.
 
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