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Posts
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Everything posted by Jackie Broon
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What a fucking cunt Simon Jordan is. And he's completely wrong, the PL board don't need to change the rules, they can decide within the rules to have a public arbitration process if everyone agrees, they are the only party not agreeing to that. And this idea that it's not within the remit of the government, everything is within the remit of government. Even if they don't have immediate powers to make the PL board agree to a public process, the government could threaten legislation to take the O&D test process away from the PL if it does not act reasonably, just like they did with the ESL clubs to stop them.
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Unfortunately the PL's rules give them that right, the definition of 'control' in the PL's rules is very broad and, unlike the legal definition of a shadow director, can include people who have the potential to control the club whether or not they will actually act on that.
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That's a big change in position from him.
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I'm one of the more positive posters on here when it comes to the takeover, but I'm not delusionally so. Keith is clearly making out he knows more than he does and feeding people false hope about the CAT concluding soon. The jurisdiction hearing isn't even listed yet and, going by other cases, I doubt we'll even have decision on that this year, let alone the whole case. Although I'm very confident that we'll win the CAT case, PIF will probably be gone by the time it concludes. It all hangs on the arbitration.
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A fictitious further extension that there's absolutely no indication the PL have applied for is understood not to have been given. Great news!
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"I am satisfied that the requested short extension of seven days will not prejudice the listing of the hearing of the Jurisdiction Application" There will be a hearing before any decision on the jurisdiction challenge, that is likely to be months away, might not even be this year.
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I don't think there even needs to be that, I think the O&D test is fundamentally anti-competitive in itself. The PL is imposing controls of entry to a closed market of competing business without, as far as I'm aware, a legislative basis to give them the exemption from competition law to do that.
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UEFA Euro 2020 Final: England 1 - 1 Italy (Italy win 3-2 on pens)
Jackie Broon replied to Disco's topic in Football
I'd love to be excited about it, it might be the first time in my life that a football team I 'support' wins something. I'm just not. -
UEFA Euro 2020 Final: England 1 - 1 Italy (Italy win 3-2 on pens)
Jackie Broon replied to Disco's topic in Football
Nah, just a significant enough minority to colour my view. -
UEFA Euro 2020 Final: England 1 - 1 Italy (Italy win 3-2 on pens)
Jackie Broon replied to Disco's topic in Football
I just associate England fans so strongly with brexit, bigotry and Boris. -
UEFA Euro 2020 Final: England 1 - 1 Italy (Italy win 3-2 on pens)
Jackie Broon replied to Disco's topic in Football
This is why I just can't bring myself to get excited about England any more. Don't give a shit whether they win or lose tonight. -
Coincidentally G-WLKR is operated by the same company as Ashley's plane, Air Charter Scotland.
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If the takeover does happen it will have absolutely nothing to do with what that Walter Mitty bullshitter says.
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14:54 He says "The Premier League are trying to get the CAT case thrown out... my understanding from the legal team at the club is that has failed, so they haven't got the CAT case thrown out". However: https://www.catribunal.org.uk/sites/default/files/2021-07/1402_StJames_Reasoned_Order_020721.pdf The PL have been given until the 12th to submit their response so a decision cannot have been made on their jurisdiction challenge. Also, that order makes it clear that there will be a hearing for the jurisdiction challenge, no decision will come on that before the hearing: "I am satisfied that the requested short extension of seven days will not prejudice the listing of the hearing of the Jurisdiction Application". The PL cannot have failed to get the CAT case thrown out yet. He is demonstrably talking shite.
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The CAT have just allowed an extension for the PL to respond to the club’s jurisdiction evidence until 12th July, there is absolutely no chance whatsoever that a decision has been made on that yet.
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It seems like the PL flat out refused to talk to or accept any correspondence from anyone but the club, that's part of the complaint in the CAT case.
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Yeah, people are getting far to hung up on 'legal separation', it's far more complex than that, it's about the definition of 'control' in section A. The definition of control is incredibly broad, there could be legal separation but still be control, or the potential of control, which would be control by their definition. However, it's so broad it could probably be interpreted to include banks where clubs have been bought with loans, other states such as China and the UAE who can potentially impose control over their citizens or even potential controls over businesses by UK government. It's so broad that there has to be a line drawn somewhere, and the PL may have already drawn that line with other decisions, such as Crystal Place and Manchester City.
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My completely unqualified opinion is that the O&D test is worded in a clear unequivocal way that it applies from when a declaration of a new director/owner is submitted by the club and requires that those directors are immediately disqualified if the PL believes that a director/owner has not been disclosed in the declaration/s. But the PL went about it a different way, saying the O&D test doesn't start until they are satisfied that all of the owners and directors have disclosed, and the arbitration probably won't consider whether they were right to do that or not because it's just dealing with the definitions in Section A rather than the test in Section F.
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https://www.bailii.org/ew/cases/EWHC/Comm/2021/349.html The relevant part: 4. By a decision letter dated 12 June 2020 (the "decision letter"), PLL concluded that KSA would become a Director of NUFC as that term is defined in Section A of PLL's Rules by reason of the Control (as that term is defined in Section A of PLL's Rules) that was or would be exercised by KSA over PZ Newco Limited via PIF. It was not suggested that it had decided that KSA had been or would be disqualified from being a "Director" or that it would refuse to agree the proposed change of control. I set out the material parts of the Rules later in this judgment. The decision letter set out the substance of PLL's reasoning in these terms: "… PIF expressly recognises that it will fall within the definition of "Director" under [PLL's] Rules, even though it would not be formally appointed as a director of [NUFC]. [PLL] agrees. Having taken external legal advice, [PLL] is also provisionally minded to conclude that KSA would become a Director under the Rules as well. Pursuant to [Section A], the definition of "Director" includes any "Person" (as defined under [Section A]) that will have "Control" over [NUFC] (as defined in [Section A]). [PLL] has accordingly been considering the scope of those two words, "Person" and "Control", under the Rules. The definition of "Person" under [Section A] includes "any … legal entity". [PLL]'s provisional view is that KSA … is a legal entity under English law. As such, it is a Person under the Rules, and thus capable of being a Director. If you disagree, [PLL] would welcome a reasoned explanation. The definition of "Control" in [Section A] includes either effective management control or beneficial ownership, or both. In particular, the relevant parts of the definition describe "Control" as "the power of a Person to exercise … direct or indirect control over the policies, affairs and/or management of a Club … and, without prejudice to the generality of the foregoing, Control shall be deemed to include: (a) the power (whether directly or indirectly … ) to appoint and/or remove all or such of the members of the board of directors of the Club as are able to cast a majority of the votes capable of being cast by the members of that board; and/or (b) the holding and/or possession of the beneficial interest in, and/or the ability to exercise the voting rights applicable to, Shares in the Club (whether directly, [or] indirectly …) which confer in aggregate on the holder(s) thereof 30 per cent or more of the total voting rights exercisable at general meetings of the Club". From the information you have provided, [PLL] is provisionally minded to conclude that KSA satisfies both elements in the test for "Control" over [NUFC] through its control over PIF (which, as noted, recognises that it will be a Director). In summary: 1. As to management, … PIF's directors are appointed by Royal Decree, and its current board is almost exclusively composed of KSA Government Ministers. The PIF Law puts [it] expressly under the direction of … a KSA Government Ministry. Its function is to serve the national interest of KSA. 2. As to ownership, it would appear that PIF is state-owned, and that it manages only state-owned assets. Again, if you disagree with either of these provisional conclusions, we would welcome your reasoned response. Following receipt of any submissions, [PLL] will fully consider them before reaching a final decision on the issues. If [PLL] then decides that KSA will not become a Director, then it will proceed to a decision on the application of Section [F] to the individuals who have been declared, including PIF. However, should the Board decide that KSA is also to be regarded as a future Director, then there will have to be a declaration in respect of KSA and the Board's decision on the application of [Section F] will have to be made in respect of KSA also." NUFC disputes this conclusion and the lawfulness of the process by which it was arrived at by PLL. It is this dispute that is the subject of the reference with which these proceedings are concerned.
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The monopolies and mergers commission blocked it on the basis that it would be anti-competitive. Our situation is sort of the opposite of that, our case is that the deal has been blocked, at least in part, due to potentially an anti-competitive influence from the big 6. They might not have minded as much if it had been one of their club being taken over.