mjg
Mickey Barrett
Joined: September 2014
Posts: 48
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Post by mjg on Jul 13, 2015 13:19:45 GMT
The contract has been reneged upon, decision hinged on a single inconsistently-applied technicality, and he doesn't feel culpable. He look shell-shocked, though. Good summary Astafjevs. Since I noted it down, the full transcript from the statement by Nick Higgs on Points West was: "We've entered into a contract which has been reneged upon. It's been acknowledged in the judgement that it's been reneged upon. There's numerous breaches of that contract and a decision's been made on one technical element of a clause which has been inconsistently recorded in the judgement.
"So I don't feel culpable for that decision. "We've done everything in our power to try to bring the club a new stadium to offer sustainability to this club". A Durden also reported Sainsbury's statement: "This case proves that we [Sainsbury's] have acted in good faith and obeyed the law". I have no idea what the section in bold can possibly mean. The Judge wrote the judgment and would have checked and triple-checked it. Is he saying that the judgment quotes the clause inconsistently? Applies different meanings to it? Spells it wrongly? Is in the wrong language? What's certainly true is that the judge had some harsh words to say about the quality of the contract drafting, which can lead to inconsistency of interpretation, but what NH is saying makes no sense to me at all. Maybe it does to someone else, possibly even the man himself.
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Cheshiregas
Global Moderator
Joined: May 2014
Posts: 2,166
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Post by Cheshiregas on Jul 13, 2015 13:22:47 GMT
a decision's been made on one technical element of a clause which has been inconsistently recorded in the judgement. Oh Lordy, he's going to appeal. When he's totally bankrupted our club, will he actually be happy then! www.bbc.co.uk/sport/0/football/33508088I get the impression the BoD are going for bust. Interesting he is emphatic ~ "can't stay where we are" Interesting that the BBC picked up on contract being "watertight" Playing budget not affected, separate... Bristol the loser ~ noticed he praised all the councils and politicians..... I feel quite deflated even though this is the result that was expected. I hope we can continue as a club. Thanks heaven's for DC!
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Post by Westcountry Gas on Jul 13, 2015 13:22:50 GMT
Higgs step down and leave the board! Having to pay out your share of the club with no other viable investors is the only sensible thing to do now! My mates, brothers, dogs, brother belongs to someone in the know, who says this is the right thing to do. In time you will look back on this post and understand i was right all along! In all seriousness, its easy for people of want Higgs gone, and its understandable why, but at the moment there isn't anyone else stupid enough to take over the club, or his position. There probably is, but he doesn't want anyone else to have a go with his toy. I thought the Oxford owner wanted to join last summer, and probably there have been other offers, but the usual line of 'best interests' will be trotted out.
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Cheshiregas
Global Moderator
Joined: May 2014
Posts: 2,166
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Post by Cheshiregas on Jul 13, 2015 13:25:21 GMT
Higgs step down and leave the board! Having to pay out your share of the club with no other viable investors is the only sensible thing to do now! My mates, brothers, dogs, brother belongs to someone in the know, who says this is the right thing to do. In time you will look back on this post and understand i was right all along! In all seriousness, its easy for people of want Higgs gone, and its understandable why, but at the moment there isn't anyone else stupid enough to take over the club, or his position. Not sure whether that is true or not but there was a time when there were people ready willing and above all very able to do so. That time is long past and from his interview I would say Nick is going nowhere...
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Peter Parker
Global Moderator
Richard Walker
You have been sentenced to DELETION!
Joined: May 2014
Posts: 4,920
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Post by Peter Parker on Jul 13, 2015 13:28:00 GMT
Good summary Astafjevs. Since I noted it down, the full transcript from the statement by Nick Higgs on Points West was: "We've entered into a contract which has been reneged upon. It's been acknowledged in the judgement that it's been reneged upon. There's numerous breaches of that contract and a decision's been made on one technical element of a clause which has been inconsistently recorded in the judgement.
"So I don't feel culpable for that decision. "We've done everything in our power to try to bring the club a new stadium to offer sustainability to this club". A Durden also reported Sainsbury's statement: "This case proves that we [Sainsbury's] have acted in good faith and obeyed the law". I have no idea what the section in bold can possibly mean. The Judge wrote the judgment and would have checked and triple-checked it. Is he saying that the judgment quotes the clause inconsistently? Applies different meanings to it? Spells it wrongly? Is in the wrong language? What's certainly true is that the judge had some harsh words to say about the quality of the contract drafting, which can lead to inconsistency of interpretation, but what NH is saying makes no sense to me at all. Maybe it does to someone else, possibly even the man himself. indeed and it was all signed off by Higgs and Watola.
I did notice Watola's name spelt wrong in part of the judgment. Perhaps grounds for appeal
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Post by Henbury Gas on Jul 13, 2015 13:28:42 GMT
I imagine when he heard the judgment he shook his big jouley head. thats not a nice thing to say, we think you are ugly but we don't talk about it on here
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Post by Henbury Gas on Jul 13, 2015 13:31:26 GMT
Lets face it the winners here are Trash, they delayed the planning application long enough for Sainsburys to wriggle out of it. Ferguson has said its a awful decision for Rovers and Bristol but its his councillor for sport that's f******g responsible for this. and she could be your new mayor next year....
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brizzle
Lindsay Parsons
No Buy . . . No Sell!
Joined: May 2014
Posts: 4,293
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Post by brizzle on Jul 13, 2015 13:33:38 GMT
Oh Lordy, he's going to appeal. When he's totally bankrupted our club, will he actually be happy then! www.bbc.co.uk/sport/0/football/33508088I get the impression the BoD are going for bust. Interesting he is emphatic ~ "can't stay where we are" Interesting that the BBC picked up on contract being "watertight" Playing budget not affected, separate... Bristol the loser ~ noticed he praised all the councils and politicians.....
I feel quite deflated even though this is the result that was expected. I hope we can continue as a club. Thanks heaven's for DC! . . . but he most probably had his fingers crossed behind his back, when thinking of the contribution of Daniella Radice to all of this She is now one of our elected Assistant Mayors on Bristol City Council. But I can't fault George Ferguson's contribution to date though. I'm hopeful that he is as accommodating to us in the future.
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Deleted
Joined: January 1970
Posts: 0
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Post by Deleted on Jul 13, 2015 13:41:15 GMT
Higgs step down and leave the board! Having to pay out your share of the club with no other viable investors is the only sensible thing to do now! My mates, brothers, dogs, brother belongs to someone in the know, who says this is the right thing to do. In time you will look back on this post and understand i was right all along! In all seriousness, its easy for people of want Higgs gone, and its understandable why, but at the moment there isn't anyone else stupid enough to take over the club, or his position. There probably is, but he doesn't want anyone else to have a go with his toy. I thought the Oxford owner wanted to join last summer, and probably there have been other offers, but the usual line of 'best interests' will be trotted out. There is no probably about it, of course there are people out there wanting to invest in the club, our esteemed chairman has admitted that, although in Higgs's own words they haven't been the right people (stumped up enough to cover his continual mistakes).
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alwaysgas
Harry Bamford
Joined: May 2014
Posts: 153
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Post by alwaysgas on Jul 13, 2015 13:44:24 GMT
I thoght it was a very good interview from NH in the cicumstances.
The knee jerk reactions on this forum show why nobody on here has been successful enough to buy the club.
of course he should listen to legal advice before deciding what to do.
He could of course bring in investors to help build the UWE at a price per share that would increase if the appeal is won.
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Post by bttrsblue on Jul 13, 2015 13:49:53 GMT
There probably is, but he doesn't want anyone else to have a go with his toy. I thought the Oxford owner wanted to join last summer, and probably there have been other offers, but the usual line of 'best interests' will be trotted out. There is no probably about it, of course there are people out there wanting to invest in the club, our esteemed chairman has admitted that, although in Higgs's own words they haven't been the right people (stumped up enough to cover his continual mistakes). The fact remains that it is a business owned by individuals who don't have to leave unless the offer is right. AS much as we all love the club, we don't have any right to know what the BOD have been offered, and we definitely dont have the right to make the decision to sell. We all know its not that simple, but it could be worse, id rather Higgs for another 6 months with a decent investor coming in, compared to a quick deal now to a rich Arab, and we find ourselves in a Pompey situation or worse.
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Igitur
Joined: June 2014
Posts: 2,294
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Post by Igitur on Jul 13, 2015 13:54:06 GMT
There is no probably about it, of course there are people out there wanting to invest in the club, our esteemed chairman has admitted that, although in Higgs's own words they haven't been the right people (stumped up enough to cover his continual mistakes). The fact remains that it is a business owned by individuals who don't have to leave unless the offer is right. AS much as we all love the club, we don't have any right to know what the BOD have been offered, and we definitely dont have the right to make the decision to sell. We all know its not that simple, but it could be worse, id rather Higgs for another 6 months with a decent investor coming in, compared to a quick deal now to a rich Arab, and we find ourselves in a Pompey situation or worse.
Agreed.
This is the same about people moaning about getting old - consider the alternative.
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Deleted
Joined: January 1970
Posts: 0
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Post by Deleted on Jul 13, 2015 14:00:40 GMT
There is no probably about it, of course there are people out there wanting to invest in the club, our esteemed chairman has admitted that, although in Higgs's own words they haven't been the right people (stumped up enough to cover his continual mistakes). The fact remains that it is a business owned by individuals who don't have to leave unless the offer is right. AS much as we all love the club, we don't have any right to know what the BOD have been offered, and we definitely dont have the right to make the decision to sell. We all know its not that simple, but it could be worse, id rather Higgs for another 6 months with a decent investor coming in, compared to a quick deal now to a rich Arab, and we find ourselves in a Pompey situation or worse. I'm fully aware of what you have stated, its like watching a slow motion car crash develop and the injuries sustained worsen frame by frame over a long period of time and all you can do is watch it worsen. Having to trust in someone who accepts no responsibility and produces idiotic statements is painful, it is demoralising to see someone refuse to give up on something that was lost years ago, as stated previously Sainsburys legal team were in and out of the witness box in no time at all and even witnessed by a Rovers fan at the time leaving the court room laughing and looking very relaxed, they had it sewn up and they new it, fear not though the chairman feels sorry for the fans and Bristol as a whole, whatever that means, and he is going to do what he feels is right for the club, so there is always hope.
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Deleted
Joined: January 1970
Posts: 0
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Post by Deleted on Jul 13, 2015 14:04:19 GMT
I cant see it in this thread but here is the link to Mr Higgs interview that you can watch - www.bbc.co.uk/sport/0/football/33508088I note that he mentions if we appeal it wont affect Darrell's budget. But Darrell has said it does impact his budget. Who do we believe?
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Deleted
Joined: January 1970
Posts: 0
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Post by Deleted on Jul 13, 2015 14:05:58 GMT
I cant see it in this thread but here is the link to Mr Higgs interview that you can watch - www.bbc.co.uk/sport/0/football/33508088I note that he mentions if we appeal it wont affect Darrell's budget. But Darrell has said it does impact his budget. Who do we believe? If Darrell moved his lips then Darrell, if Higgs moved his lips then Darrell. Hope that answers your question.
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Deleted
Joined: January 1970
Posts: 0
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Post by Deleted on Jul 13, 2015 14:07:28 GMT
He could of course bring in investors to help build the UWE at a price per share that would increase if the appeal is won. So this is all about increasing his payout? Why not bring them in now to fund the stadium? Will UWE wait indefinitely for him to maximise his payout before we build there?
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Deleted
Joined: January 1970
Posts: 0
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Post by Deleted on Jul 13, 2015 14:14:32 GMT
He could of course bring in investors to help build the UWE at a price per share that would increase if the appeal is won. So this is all about increasing his payout? Why not bring them in now to fund the stadium? Will UWE wait indefinitely for him to maximise his payout before we build there? I'm sure that any serious investor, if there is one, will be talking to UWE now about building the new stadium. The value of BRFC and Higgs shares today fell to the same value as Greece. Any investor who tried to buy Rovers yesterday would have had to pay a premium, that has now been wiped out. If a dragon came forward and said, "I will fund the new stadium and secure the future of the club but the current owners need to walk away" what will be the fans and more importantly Higgs reaction be?
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alwaysgas
Harry Bamford
Joined: May 2014
Posts: 153
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Post by alwaysgas on Jul 13, 2015 14:27:23 GMT
So this is all about increasing his payout? Why not bring them in now to fund the stadium? Will UWE wait indefinitely for him to maximise his payout before we build there? I'm sure that any serious investor, if there is one, will be talking to UWE now about building the new stadium. The value of BRFC and Higgs shares today fell to the same value as Greece. Any investor who tried to buy Rovers yesterday would have had to pay a premium, that has now been wiped out. If a dragon came forward and said, "I will fund the new stadium and secure the future of the club but the current owners need to walk away" what will be the fans and more importantly Higgs reaction be? As I already said they could sell all or some now with a further payment if the appeal is successful. It really isn't rocket science.
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Post by manchestergas on Jul 13, 2015 14:27:43 GMT
Live footage from the Mem. The Board are off to London to discuss appeal with their legal team:
Unfortunately Brian and Ken miss the departure.
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Deleted
Joined: January 1970
Posts: 0
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Post by Deleted on Jul 13, 2015 14:33:26 GMT
If a dragon came forward and said, "I will fund the new stadium and secure the future of the club but the current owners need to walk away" what will be the fans and more importantly Higgs reaction be? Higgs' reaction I reckon would be, I'm going nowhere without getting back the money that my mistakes, over a period of many years, have cost. Dragon hands over a business card, walks out and waits for Higgs to realise that he's bankrupting not only our club but also himself.
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