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Judicial review thread - day 2 (1 Viewer)

  • Thread starter AFCCOVENTRY
  • Start date Jun 11, 2014
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Rob S

Well-Known Member
  • Jun 11, 2014
  • #71
shmmeee said:
I expect the judge to be just as harsh to CCC when appropriate, don't read anything into that.
Click to expand...

Indeed. The idea that expensive lawyers can walk all over cowering judges is so wide of the mark. This guy knows what he's doing and isn't going to let either side get away with anything.
 

fernandopartridge

Well-Known Member
  • Jun 11, 2014
  • #72
shmmeee said:
Did YB know about Sisu's intention to liquidate?

If you're looking at the decision made at the time, wouldn't it be reasonable to suggest that the council were planning for the worst case scenario of no CCFC and YB weren't?

(genuine question, I've not been following what YB were privy to)
Click to expand...

But decisions made were not about CCFC but about ACL surely?
 

fernandopartridge

Well-Known Member
  • Jun 11, 2014
  • #73
Mary_Mungo_Midge said:
Gilbert's Tweet this morning: Had a peek at Sisu's skeleton argument. Main thrust is terms of council/ACL loan were "wholly uncommercial" contrary to EU state aid law

How can it be uncommercial, if YB made an 'almost equivalent' offer?
Click to expand...

I don't know the terms. I was talking equivalence in figures. I was under the impression that the loan was to protect the asset (in the absence of being able to refinance elsewhere).
 

Bennets Afro

Well-Known Member
  • Jun 11, 2014
  • #74
Surely the whole reason for the bail out was to save a community asset from going under.
If other options were available there was no need for the council to step in

And one option that would of left ACL debt free


Mary_Mungo_Midge said:
Gilbert's Tweet this morning: Had a peek at Sisu's skeleton argument. Main thrust is terms of council/ACL loan were "wholly uncommercial" contrary to EU state aid law

How can it be uncommercial, if YB made an 'almost equivalent' offer?
Click to expand...
 
G

Godiva

Well-Known Member
  • Jun 11, 2014
  • #75
Mary_Mungo_Midge said:
'Sisu QC says ACL continued to string club along on rent negotiations in Dec 12 after knowing debt was to be sold to council'

Again, I can't understand this. In what way is the landlord's negotiations with it's fund provider in any way linked with the landlord's negotiation with it's tenant? I simply cannot understand on what basis this is drawn.
Click to expand...

As I see it -

If sisu were told all deals were off before the council took over the loan there was a real threat that sisu would put the club in administration/liquidation immediately. That would make it impossible for the council to provide the loan and also have YB to pull out completely. ACL would be totally bankrupt.
 

shmmeee

Well-Known Member
  • Jun 11, 2014
  • #76
fernandopartridge said:
But decisions made were not about CCFC but about ACL surely?
Click to expand...

Sorry, I'm not following. CCFC's status effects ACL's business. Quite significantly, as you pointed out yourself earlier.

I'm just reading through the Telegraph page (didn't see that yesterday!) and it makes a bit more sense now. But seems to me that the offer from YB came with conditions of cost cutting. If that's the case then the loan from CCC would be more attractive if there was a regeneration strategy around boosting ACL's business, that wouldn't fit with an austerity program surely? It wasn't oranges and oranges as your first post suggested.
 

AFCCOVENTRY

Well-Known Member
  • Jun 11, 2014
  • #77
@TheSimonGilbert: Sisu present evidence they believe shows ACL was not as profitable as stated to councillors.
 

Rob S

Well-Known Member
  • Jun 11, 2014
  • #78
Talk of ACL cash-flow, accounts and ability to service loan. All in court hunting for the accounts!
 

shmmeee

Well-Known Member
  • Jun 11, 2014
  • #79
Bennets Afro said:
Surely the whole reason for the bail out was to save a community asset from going under.
If other options were available there was no need for the council to step in
Click to expand...

But the other options weren't identical, they came with strings attached. Strings that may not have been compatible with the council's stated aims for Coventry.

And one option that would of left ACL debt free
Click to expand...

Where have I heard that phrase in relation to a Sisu owned company before?
 

Sub

Well-Known Member
  • Jun 11, 2014
  • #80
Sisu QC tells court PriceWaterhouseCoopers report found that profitably of ACL was “overstated” and the cash flows required for repaying debt “were significantly” lower.
Accounts skewed by £1.3m payment from Isle of Capri casino which were spread out over more than one year for accounting reasons but in fact all the money was banked in the first year and no more of the cash would be coming so should be “stripped out of the accounts”.
PWC said ACL only able to service £4m to £5m of debt.
 

sky blue john

Well-Known Member
  • Jun 11, 2014
  • #81
Getting to the crux now.
Judge has mentioned EU test. So I presume if the loan has passed the EU test then the rest is irrelevant !
 

fernandopartridge

Well-Known Member
  • Jun 11, 2014
  • #82
shmmeee said:
Sorry, I'm not following. CCFC's status effects ACL's business. Quite significantly, as you pointed out yourself earlier.

I'm just reading through the Telegraph page (didn't see that yesterday!) and it makes a bit more sense now. But seems to me that the offer from YB came with conditions of cost cutting. If that's the case then the loan from CCC would be more attractive if there was a regeneration strategy around boosting ACL's business, that wouldn't fit with an austerity program surely? It wasn't oranges and oranges as your first post suggested.
Click to expand...

What drove the need to refinance the loan?
 

shmmeee

Well-Known Member
  • Jun 11, 2014
  • #83
Sub said:
Sisu QC tells court PriceWaterhouseCoopers report found that profitably of ACL was “overstated” and the cash flows required for repaying debt “were significantly” lower.
Accounts skewed by £1.3m payment from Isle of Capri casino which were spread out over more than one year for accounting reasons but in fact all the money was banked in the first year and no more of the cash would be coming so should be “stripped out of the accounts”.
PWC said ACL only able to service £4m to £5m of debt.
Click to expand...

Sorry, but Sisu complaining about creative accounting?

LOL
 

shmmeee

Well-Known Member
  • Jun 11, 2014
  • #84
fernandopartridge said:
What drove the need to refinance the loan?
Click to expand...

Can we not talk in riddles? It's early and I'm ill.

Edit: are we back to the "We Want SISU Out" conspiracy?
 

fernandopartridge

Well-Known Member
  • Jun 11, 2014
  • #85
shmmeee said:
But the other options weren't identical, they came with strings attached. Strings that may not have been compatible with the council's stated aims for Coventry.



Where have I heard that phrase in relation to a Sisu owned company before?
Click to expand...

ACL are a private company? Are you saying there is a conflict of interest?
 

Sub

Well-Known Member
  • Jun 11, 2014
  • #86
shmmeee said:
Sorry, but Sisu complaining about creative accounting?

LOL
Click to expand...

did think that myself when i read it isnt it normal business practice ??
 

Mary_Mungo_Midge

Well-Known Member
  • Jun 11, 2014
  • #87
Godiva said:
As I see it -

If sisu were told all deals were off before the council took over the loan there was a real threat that sisu would put the club in administration/liquidation immediately. That would make it impossible for the council to provide the loan and also have YB to pull out completely. ACL would be totally bankrupt.
Click to expand...

As yet, we haven't seen or heard anything that suggested SISU would have an interest in anything other than tenancy, have we?
 

fernandopartridge

Well-Known Member
  • Jun 11, 2014
  • #88
shmmeee said:
Can we not talk in riddles? It's early and I'm ill.

Edit: are we back to the "We Want SISU Out" conspiracy?
Click to expand...

Why did ACL need to refinance the loan?
 

Rob S

Well-Known Member
  • Jun 11, 2014
  • #89
5 min break. Seems to be a bit of a mess re: accounts. Sisu QC, Deering & JS in very animated discussion during break.
 

AFCCOVENTRY

Well-Known Member
  • Jun 11, 2014
  • #90
Lol
@TheSimonGilbert: Judge asks what was wrong with councillors being told ACL was profitable when audited accounts show they were.
 

shmmeee

Well-Known Member
  • Jun 11, 2014
  • #91
fernandopartridge said:
ACL are a private company? Are you saying there is a conflict of interest?
Click to expand...

No, it appears you are though.

Are you saying CCC can't take politics into account when making decisions regarding ACL? Because it seems the judge doesn't agree.
 

AFCCOVENTRY

Well-Known Member
  • Jun 11, 2014
  • #92
Break for oranges now...
 

shmmeee

Well-Known Member
  • Jun 11, 2014
  • #93
fernandopartridge said:
Why did ACL need to refinance the loan?
Click to expand...

That'd be a no then. Sorry mate, you're going to have to explain like I'm 5 today.
 
G

Godiva

Well-Known Member
  • Jun 11, 2014
  • #94
Mary_Mungo_Midge said:
Gilbert's Tweet this morning: Had a peek at Sisu's skeleton argument. Main thrust is terms of council/ACL loan were "wholly uncommercial" contrary to EU state aid law

How can it be uncommercial, if YB made an 'almost equivalent' offer?
Click to expand...

They didn't - the interest rate would be considerably higher.
When public money is used in commercial ways it MUST be with the intend of making a profit equal to any comparable private enterprises. The ccc loan should have been on normal interests to follow EU legislation.

Beside that - when a bank had offered to provide the loan then ccc had no grounds for providing the loan itself. That's upsetting the fair and free market using public means - something the whole regulating of state aid is set up to avoid.
 

Nick

Administrator
  • Jun 11, 2014
  • #95
shmmeee said:
That'd be a no then. Sorry mate, you're going to have to explain like I'm 5 today.
Click to expand...

Only if you put your hand up before asking!

*Couldn't resist a shit, teacher gag on a Tuesday while all the talk is about politics, law, accounts.
 

Mary_Mungo_Midge

Well-Known Member
  • Jun 11, 2014
  • #96
Rob S said:
5 min break. Seems to be a bit of a mess re: accounts. Sisu QC, Deering & JS in very animated discussion during break.
Click to expand...

'Very animated' doesn't exude a 'quiet confidence', does it?
 
G

Godiva

Well-Known Member
  • Jun 11, 2014
  • #97
Bennets Afro said:
Surely the whole reason for the bail out was to save a community asset from going under.
If other options were available there was no need for the council to step in

And one option that would of left ACL debt free
Click to expand...

The stadium itself is a community asset - ACL is not.
 

The Penguin

Well-Known Member
  • Jun 11, 2014
  • #98
Rob S said:
5 min break. Seems to be a bit of a mess re: accounts. Sisu QC, Deering & JS in very animated discussion during break.
Click to expand...

Messy accounts are par for the course for Coventry City!
 

fernandopartridge

Well-Known Member
  • Jun 11, 2014
  • #99
shmmeee said:
No, it appears you are though.

Are you saying CCC can't take politics into account when making decisions regarding ACL? Because it seems the judge doesn't agree.
Click to expand...

No. What's political about it?
 
M

martcov

Well-Known Member
  • Jun 11, 2014
  • #100
Godiva said:
They didn't - the interest rate would be considerably higher.
When public money is used in commercial ways it MUST be with the intend of making a profit equal to any comparable private enterprises. The ccc loan should have been on normal interests to follow EU legislation.

Beside that - when a bank had offered to provide the loan then ccc had no grounds for providing the loan itself. That's upsetting the fair and free market using public means - something the whole regulating of state aid is set up to avoid.
Click to expand...

So what you're saying is that for ACL to make a good profit, they were obliged to take the cheapest form of restructuring? Did CCC provide the loan or arrange the loan?
 

fernandopartridge

Well-Known Member
  • Jun 11, 2014
  • #101
Anyway. Fuck arguing about it. What's done is done.
 

sky blue john

Well-Known Member
  • Jun 11, 2014
  • #102
fernandopartridge said:
Anyway. Fuck arguing about it. What's done is done.
Click to expand...

Knickers & Twist !
 

lewys33

Well-Known Member
  • Jun 11, 2014
  • #103
So when does the judge throw all the papers on the floor shouting "fuck this shit" and demand Joy lead the routine to a new harlem shake video?
 

Sub

Well-Known Member
  • Jun 11, 2014
  • #104
The venue for this week's grudge match...

The Priory Courts, Bull Street, Birmingham

Perfect street name for this case !!!
 

shmmeee

Well-Known Member
  • Jun 11, 2014
  • #105
Edit: fuck I'm ill today. No sense here.
 
Last edited: Jun 11, 2014
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