Deleted
Joined: January 1970
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Post by Deleted on Aug 2, 2015 18:59:28 GMT
I'd have a wild guess at 1 in 10? Even if we win who'd bet against Sainsbury's then Appealing that result? As the judge is allowing the appeal, may, as unlikely as it sounds, give Sainsbury food for thought. As I see it, and I am no legal expert, the judge allowed the appeal to go ahead because it's not a legal point that's being appealed but an opinion on that point, more a question of interpretation of that point., not the point itself. There again I could be barking up the wrong tree completely As the judge concluded the contract falls for Sainsbury's, you'd hope that would give us food for thought. As it is, they've had a top to bottom review of what's been said and decided we're the winners. No doubt that's a a comfort as we write a cheque for £375,000.
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LJG
Peter Beadle
Joined: May 2014
Posts: 969
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Post by LJG on Aug 2, 2015 19:22:58 GMT
I'd have a wild guess at 1 in 10? Even if we win who'd bet against Sainsbury's then Appealing that result? We're back to asserting opinions with no basis in reality as fact again aren't we?
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Post by droitwichgas on Aug 2, 2015 19:28:30 GMT
Yes, we apparently won 4 of the 5 arguments but still lost, not sure anybody else read the Judgement that way? Can anybody point out the 4 points we actually won?
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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 Aug 2, 2015 19:53:12 GMT
Yes, we apparently won 4 of the 5 arguments but still lost, not sure anybody else read the Judgement that way? Can anybody point out the 4 points we actually won? Not without looking again as they are/were irrelevant. I was only interested in the one that mattered
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Post by Topper Gas on Aug 2, 2015 20:57:02 GMT
I'd have a wild guess at 1 in 10? Even if we win who'd bet against Sainsbury's then Appealing that result? We're back to asserting opinions with no basis in reality as fact again aren't we? Well your Lord Justice what are the actual stats? I'd have a wild guess at 1 in 10? Even if we win who'd bet against Sainsbury's then Appealing that result? We're back to asserting opinions with no basis in reality as fact again aren't we? Well your Lord Justice what are the actual stats? As I said mine was a wild guess, it seems as a whole the CofA grants around 25% of Appeals it receives but includes every type of Appeal, not just the small number of Civil cases they receive which are similar to our case.
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LJG
Peter Beadle
Joined: May 2014
Posts: 969
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Post by LJG on Aug 2, 2015 21:12:25 GMT
We're back to asserting opinions with no basis in reality as fact again aren't we? Well your Lord Justice what are the actual stats? We're back to asserting opinions with no basis in reality as fact again aren't we? Well your Lord Justice what are the actual stats? As I said mine was a wild guess, it seems as a whole the CofA grants around 25% of Appeals it receives but includes every type of Appeal, not just the small number of Civil cases they receive which are similar to our case. I've no idea but I didn't dress a guess up as a fact. You only said it was a guess after I'd asked and now you've upped your guess a bit again without any actual facts.
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Post by Topper Gas on Aug 2, 2015 21:24:14 GMT
No, I originally said most Appeals get kicked out, which is a fact, I then had a "wild guess" as I said, before going a bit of investigation work which confirms around 25% of Court of Appeal cases succeed.
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kingswood Polak
Without music life would be a mistake
Joined: May 2014
Posts: 10,278
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Post by kingswood Polak on Aug 2, 2015 21:44:39 GMT
Nail on head. If Nick needs to sell our club's only asset to get back the money he wasted on s***e footballing decisions and the UWE failire, he'll do so without a care for the club he "supports". How do you know this? Are you basing this on fact or frustration. I advise you to be careful making such statements if they are unproven. Could land you in legal proceedings. What is it with you and the threats of litigation ? I remember we had this on the official forum and it turned out it was a club man who was doing this. Do you work for the club ?
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Thatslife
"Decisions are made by those who turn up"
Joined: June 2014
Posts: 669
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Post by Thatslife on Aug 2, 2015 21:53:25 GMT
How do you know this? Are you basing this on fact or frustration. I advise you to be careful making such statements if they are unproven. Could land you in legal proceedings. What is it with you and the threats of litigation ? I remember we had this on the official forum and it turned out it was a club man who was doing this. Do you work for the club ? No I don't work for the club, I just wouldn't like any motor mouth on here to blab themselves into a court case. The liable and slander rules in the UK can get people into serious strife. Just because no one on here has actually been taken to court, doesn't mean that it can't happen, then you will really know what legal expenses are. Think of it like this, if your mate pointed out that a tyre on you car was illegal and on the way to the tyre place you were stopped by the police and prosecuted, would you then go back to your mate and say to him that his warning was crap as he didn't tell you the police were going to stop you.
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kingswood Polak
Without music life would be a mistake
Joined: May 2014
Posts: 10,278
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Post by kingswood Polak on Aug 2, 2015 22:36:03 GMT
What is it with you and the threats of litigation ? I remember we had this on the official forum and it turned out it was a club man who was doing this. Do you work for the club ? No I don't work for the club, I just wouldn't like any motor mouth on here to blab themselves into a court case. The liable and slander rules in the UK can get people into serious strife. Just because no one on here has actually been taken to court, doesn't mean that it can't happen, then you will really know what legal expenses are. Think of it like this, if your mate pointed out that a tyre on you car was illegal and on the way to the tyre place you were stopped by the police and prosecuted, would you then go back to your mate and say to him that his warning was crap as he didn't tell you the police were going to stop you. Ok, fair enough but isn't that the mods job ? It just irks me that it has been used twice by you now and it is a way of frightening people. I know it scared a good few on the old official forum.
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Deleted
Joined: January 1970
Posts: 0
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Post by Deleted on Aug 2, 2015 23:03:58 GMT
What is it with you and the threats of litigation ? I remember we had this on the official forum and it turned out it was a club man who was doing this. Do you work for the club ? No I don't work for the club, I just wouldn't like any motor mouth on here to blab themselves into a court case. The liable and slander rules in the UK can get people into serious strife. Just because no one on here has actually been taken to court, doesn't mean that it can't happen, then you will really know what legal expenses are. Think of it like this, if your mate pointed out that a tyre on you car was illegal and on the way to the tyre place you were stopped by the police and prosecuted, would you then go back to your mate and say to him that his warning was crap as he didn't tell you the police were going to stop you. Silly thing to concern yourself with. My tyres are fine.
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Thatslife
"Decisions are made by those who turn up"
Joined: June 2014
Posts: 669
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Post by Thatslife on Aug 3, 2015 6:18:22 GMT
No I don't work for the club, I just wouldn't like any motor mouth on here to blab themselves into a court case. The liable and slander rules in the UK can get people into serious strife. Just because no one on here has actually been taken to court, doesn't mean that it can't happen, then you will really know what legal expenses are. Think of it like this, if your mate pointed out that a tyre on you car was illegal and on the way to the tyre place you were stopped by the police and prosecuted, would you then go back to your mate and say to him that his warning was crap as he didn't tell you the police were going to stop you. Ok, fair enough but isn't that the mods job ? It just irks me that it has been used twice by you now and it is a way of frightening people. I know it scared a good few on the old official forum. Never meant to scare anyone and if it's perceived that way then I am sorry. Let me just say, I am nothing to do with the club in any capacity other than having a season ticket for over 50 years, my cautions are nothing more than what you read, please take them at face value with no "hidden agenda". It does really concern me when posters lower themselves to pointless, groundless insults based on nothing more than frustration. Dialogue is great, banter is brilliant and is usually very funny. Mindless insults can end up being taken seriously by the target, especially when aimed at people who have the means to take action. I will say no more about it. Seems caring about fellow forum members welfare is deemed as being threatening. Que sera sera.
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Thatslife
"Decisions are made by those who turn up"
Joined: June 2014
Posts: 669
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Post by Thatslife on Aug 3, 2015 6:25:15 GMT
No I don't work for the club, I just wouldn't like any motor mouth on here to blab themselves into a court case. The liable and slander rules in the UK can get people into serious strife. Just because no one on here has actually been taken to court, doesn't mean that it can't happen, then you will really know what legal expenses are. Think of it like this, if your mate pointed out that a tyre on you car was illegal and on the way to the tyre place you were stopped by the police and prosecuted, would you then go back to your mate and say to him that his warning was crap as he didn't tell you the police were going to stop you. Silly thing to concern yourself with. My tyres are fine. Inflated ego? tread carefully
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Deleted
Joined: January 1970
Posts: 0
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Post by Deleted on Aug 3, 2015 7:56:58 GMT
Silly thing to concern yourself with. My tyres are fine. Inflated ego? tread carefully Dont think there is much in the original post you advised upon. I think its manifestly obvious that given the negative cash flows that asset sales would be the only way shareholders could recoup equity or loans to the business. Its hardly slanderous to make that comment, is it?
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kingswood Polak
Without music life would be a mistake
Joined: May 2014
Posts: 10,278
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Post by kingswood Polak on Aug 3, 2015 8:50:30 GMT
Ok, fair enough but isn't that the mods job ? It just irks me that it has been used twice by you now and it is a way of frightening people. I know it scared a good few on the old official forum. Never meant to scare anyone and if it's perceived that way then I am sorry. Let me just say, I am nothing to do with the club in any capacity other than having a season ticket for over 50 years, my cautions are nothing more than what you read, please take them at face value with no "hidden agenda". It does really concern me when posters lower themselves to pointless, groundless insults based on nothing more than frustration. Dialogue is great, banter is brilliant and is usually very funny. Mindless insults can end up being taken seriously by the target, especially when aimed at people who have the means to take action. I will say no more about it. Seems caring about fellow forum members welfare is deemed as being threatening. Que sera sera. . Apologies here too. I have probably allowed the residue of past experience, on the now closed official forum, to raise my hackles on this issue. I saw a marked change in posters content and it upset me as some of these people had a lot of interesting content and I saw them get scared & it spoiled the place in many ways. The fact that it got shut down pretty quickly after that just had me on edge. I now understand you had no agenda not implied threat & that it was just from my own past experience that it got to me. Sorry mate. I would hope we can work things out, as adults do, between the bunch of us on here but there are a couple who do seem to get their kicks by trolling & just making a pain of them self. I don't or didn't have you down as one of those by the way and so that is why, when you mentioned it a second time, it rang alarm bells. I guess you know that there are club employees on here ? I try to stay within the parameters of opinion and not unsubstantiated personal attack. I have tried to engage Nick Higgs is meaningful dialogue but I failed. I am trying another route now but I have to keep that on the QT right now. Things could be so much better and just nicer all around if only our chairman would engage with us low life internet warriors eh I hope you do not think me a total P...K. Cheers
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LJG
Peter Beadle
Joined: May 2014
Posts: 969
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Post by LJG on Aug 3, 2015 8:53:53 GMT
No, I originally said most Appeals get kicked out, which is a fact, I then had a "wild guess" as I said, before going a bit of investigation work which confirms around 25% of Court of Appeal cases succeed. Is that Civil division only or combined Criminal and Civil division? Where did you find your figures?
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LJG
Peter Beadle
Joined: May 2014
Posts: 969
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Post by LJG on Aug 3, 2015 8:58:06 GMT
What is it with you and the threats of litigation ? I remember we had this on the official forum and it turned out it was a club man who was doing this. Do you work for the club ? No I don't work for the club, I just wouldn't like any motor mouth on here to blab themselves into a court case. The liable and slander rules in the UK can get people into serious strife. Just because no one on here has actually been taken to court, doesn't mean that it can't happen, then you will really know what legal expenses are. Think of it like this, if your mate pointed out that a tyre on you car was illegal and on the way to the tyre place you were stopped by the police and prosecuted, would you then go back to your mate and say to him that his warning was crap as he didn't tell you the police were going to stop you. There's nothing libelous or defamatory in Daganogo's post. His statement falls firmly under the defences of "opinion" and "fair comment".
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Post by Bath Gas on Aug 3, 2015 9:22:46 GMT
Why didn't our legal team get in first with a settlement offer - say £25m? Surely this would have covered the issue of costs going against us?
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Post by droitwichgas on Aug 3, 2015 9:22:59 GMT
No, I originally said most Appeals get kicked out, which is a fact, I then had a "wild guess" as I said, before going a bit of investigation work which confirms around 25% of Court of Appeal cases succeed. Is that Civil division only or combined Criminal and Civil division? Where did you find your figures? The Justice.go.uk website, that's for the whole CofA, whilst it each seperate courts case by numbers it doesn't seem to list the successes seperately as far as I could see, although I wasn't going to spend hours looking at the figures.
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Post by droitwichgas on Aug 3, 2015 12:38:21 GMT
Why didn't our legal team get in first with a settlement offer - say £25m? Surely this would have covered the issue of costs going against us? That would only work if we were awarded damages of over £25m (we may have made such an offer for all we know) but so far we've been awarded zero so that wouldn't offer us any costs protection?
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