LJG
Peter Beadle
Joined: May 2014
Posts: 969
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Post by LJG on Jul 18, 2015 12:56:14 GMT
FFS!
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Post by a more piratey game on Jul 18, 2015 13:02:55 GMT
Maybe Rovers are giving Sainsbury's a dose of their own medicine and playing for time a bit? Hard to imagine Sainsbury's losing too much sleep over this. Au contraire, I think. They spend a lot of time and money trying to buff up their public image. This is a drain on their lawyers and PR which they'd love to be rid of also , the supermarket business might change round again, or the priorities of Shamesburys management
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Post by a more piratey game on Jul 18, 2015 13:05:27 GMT
As one example, senior managers have to report regularly on court cases. They all hate having them drag on, and love being able to delete them from the list. Its their job to get these things out of the way
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Post by lostinspace on Jul 18, 2015 13:09:59 GMT
and sure as eggs IF JS lose this appeal, then they themselves will lodge an appeal, this will bve forever the magic roundabout,unless after the 3rd 4th 5th hearing a QC will give instruction for no further appeal on certain grounds
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Deleted
Joined: January 1970
Posts: 0
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Post by Deleted on Jul 18, 2015 13:11:07 GMT
Hard to imagine Sainsbury's losing too much sleep over this. Au contraire, I think. They spend a lot of time and money trying to buff up their public image. This is a drain on their lawyers and PR which they'd love to be rid of also , the supermarket business might change round again, or the priorities of Shamesburys management The priorities of the management haven't changed, they continue to represent the interests of their share holders. In terms of public image, this story won't be on the radar of many people outside of Rovers and Sainsbury's. Sainsbury's have a reputation as one of the better supermarkets in terms of ethical trading (in terms of products that they sell).
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alwaysgas
Harry Bamford
Joined: May 2014
Posts: 153
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Post by alwaysgas on Jul 18, 2015 13:16:03 GMT
we are applying for leave to appeal, which means we must convince the court that we have a good enough case otherwise permission will be refused.
Also my understanding is that no costs will be paid until after an appeal as the appeal court can set aside or even reverse the trial judge's order on costs.
It would be interesting to see is Sainsbury's wanted to go to the supreme court if we win the appeal.
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Post by frenchgashead on Jul 18, 2015 13:27:08 GMT
This could be catastrophic for the club. How is it going to be funded? Another Wonga loan at exorbitant interest rates? This would be NH using the club to massage his ego that can't take a defeat. First we have to get leave to appeal - on a point of law not that we don't like the outcome - if successful it would then go the court of appeal. When? Perhaps 2017. Will the UWE still be possible by then? If we win Sainsbury's will probably argue that it's all too late to buy the Mem - here's some compo. Which NH would presumably be able to use to pay off his 'investment'. If we lose we will certainly have to pay Sainbury's costs as well as the Wonga loan(s) and probably lose the ground and go into administration. Meanwhile what money will be able to fund that peculiar activity called football? Let's hope the judges chuck it out quickly.
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LJG
Peter Beadle
Joined: May 2014
Posts: 969
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Post by LJG on Jul 18, 2015 13:28:13 GMT
and sure as eggs IF JS lose this appeal, then they themselves will lodge an appeal, this will bve forever the magic roundabout,unless after the 3rd 4th 5th hearing a QC will give instruction for no further appeal on certain grounds You can only appeal a High Court decision to the Court of Appeal. You can only appeal a Court of Appeal decision to the Supreme Court so only one more stage after this one. It still takes years though.
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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 18, 2015 13:29:51 GMT
we are applying for leave to appeal, which means we must convince the court that we have a good enough case otherwise permission will be refused.
Also my understanding is that no costs will be paid until after an appeal as the appeal court can set aside or even reverse the trial judge's order on costs.
It would be interesting to see is Sainsbury's wanted to go to the supreme court if we win the appeal. Maybe at some point between now and then an acceptable offer of compensation may be offered by Sainsbury's, which would mean that no further legal action is necessary, so drawing to an end this long and protracted mess. I'm not saying that it will happen of course, that is down to Sainsbury's. But it's the nearest thing that I can see to a Plan B, and an outcome which the BoD has most likely been hoping for since day one. The fly in the ointment is that it ain't happened yet, so will it in the future?
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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 18, 2015 13:32:15 GMT
People go on about bad PR for.saisnburys but as we have seen they are pulling out of deals everywhere. Not sure they care. This isnt some isolated incident
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Post by a more piratey game on Jul 18, 2015 13:35:41 GMT
People go on about bad PR for.saisnburys but as we have seen they are pulling out of deals everywhere. Not sure they care. This isnt some isolated incident true, although I think every Lidl helps, and if they can close off some they might be tempted to compromise on others in order to clear the decks. That's just one of many possibilities I concede
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Post by a more piratey game on Jul 18, 2015 13:36:52 GMT
Joke, why can't they seem to accept defeat. We are not gonna win it faint heart never won fair maid
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alwaysgas
Harry Bamford
Joined: May 2014
Posts: 153
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Post by alwaysgas on Jul 18, 2015 13:37:10 GMT
and sure as eggs IF JS lose this appeal, then they themselves will lodge an appeal, this will bve forever the magic roundabout,unless after the 3rd 4th 5th hearing a QC will give instruction for no further appeal on certain grounds You can only appeal a High Court decision to the Court of Appeal. You can only appeal a Court of Appeal decision to the Supreme Court so only one more stage after this one. It still takes years though. It could also be appealed to the European court depending on the point of law i.e. European court may decide to recognise good faith in a contract.
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dagnogo
Joined: June 2014
Posts: 872
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Post by dagnogo on Jul 18, 2015 13:45:58 GMT
The club already lack the cash to do this. I smell administration this season.
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Deleted
Joined: January 1970
Posts: 0
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Post by Deleted on Jul 18, 2015 13:51:04 GMT
The club already lack the cash to do this. I smell administration this season.Why do you think that?
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Deleted
Joined: January 1970
Posts: 0
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Post by Deleted on Jul 18, 2015 13:58:19 GMT
The club already lack the cash to do this. I smell administration this season. Not without letting feelings known first, enough is enough for me, can't wait to face Higgs about this and won't be alone either given the feelings building up now, time to face the fans Higgs, really looking forward to seeing how much bluster you have for this showdown.
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dagnogo
Joined: June 2014
Posts: 872
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Post by dagnogo on Jul 18, 2015 14:06:28 GMT
The club already lack the cash to do this. I smell administration this season.Why do you think that? At some point the directors will stop funding the club's losses and the court action. Plus, Wonga need paying.
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Post by dickgherkin on Jul 18, 2015 14:07:32 GMT
FFS - And I thought things couldn't get any worse.
So we're applying for 'leave to appeal'? I've seen other threads where folk have said the only grounds for appeal is against errors in the process / application of the law?
Our grounds to appeal seem to be that the judge said it was only her opinion that sainsburys were within contract to do a half-assed appeal against delivery times and then pull out. They then passed a set time limit for permission to be gained, and so triggered an exit clause.
So, I would assume Team Higgs will be arguing that the judge's application of the law was incorrect. If there isn't any legs for that then I would have thought Team Higgs will not get leave to appeal.
I would be delighted, one day, to have egg on my face if Team Higgs win and everything is allright, all fine.
I will equally be horrified if my fears come true and Team Higgs use this 'ongoing process' as a reason not accept reasonable offers to buy the club for the next 12 months, running up debts that eventually force us to sell the Mem and end up ground sharing with Forest Green.
Higgs Out.
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Post by Mr Pond on Jul 18, 2015 14:11:37 GMT
Surely we are not going to wait for 1-2 years and hope we get some money off JS...? NH should be looking at funding the UWE using other means and if we get anything back we can pay off who ever he uses to finance it!
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Post by Henbury Gas on Jul 18, 2015 14:47:27 GMT
If think we can safely say that there is not, and never has been, a Plan B. Or C, D, E, F... completely Wrong
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