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Positive Optimism - Saudi Takeover Edition


Jinky Jim

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4 hours ago, et tu brute said:

Think the first step we have to just wait is for the CAT website to show an update with either a confirmation date for the full CAT case to start, or the dreaded update that the Premier League objection has been agreed by the judge and the CAT case has been dismissed. 
 

fingers crossed it will be this week. Massive decision as the judge dismissing the Premier League objection, at least suggests that Ashley’s legal team do have sufficient evidence/documentation for the judge to decide that the full CAT case should be held. Whilst, agreement with the Premier League objection and the case being thrown out, unfortunately probably suggests the evidence presented is maybe a bit of a damp squib. Hopefully Ashley’s legal team have very strong evidence showing anti-competition and incriminating evidence against the Premier League/outside parties.

 

Ashley’s legal team may win the arbitration or they may not. Just think it’s important that big pressure is maintained from all legal sides. The CAT case getting the full go ahead, will keep the pressure on. As I said above, we have got to the hope (pray) that the evidence of the anti competition and incriminating involvement by the Premier League/outside parties is dynamite. It maybe then open up the doors to possible deals being agreed behind closed doors. The Premier League seem to be happy for arbitration to proceed and their media friends have been banging their confidence drum all the way since arbitration was announced. However it’s been the total opposite with the CAT case, with the Premier League objection and their media buddies being very quiet.

 

it’s going to be a critical couple of months that’s for sure. Probably imho the most important in the history of the club. The two scenarios for the future of the club depending on the decision given is unreal really.

 

 

 

 

I don't think it's that black and white. The PL's challenge is that the arbitration is dealing with materially identical issues, it seems the most likely outcome if their challenge were successful is that the CAT case is just stayed until the outcome of the arbitration, rasher than thrown out.

 

If the PL's challenge fails / has failed, I don't think that really says much about the strength of the club's evidence, but it might indicate that the scope of the case is such that the club could lose the arbitration and still have a viable anti-competition case.

 

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The Chair of the CAT will not make a decision on jurisdiction on the papers, it doesn’t work like that (or rarely)

 

contesting jurisdiction is in the rules and when the application is made both parties will make submissions.  The rules state there will be an oral hearing 

 

the next stage of CAT will be either that the matter will be listed for a hearing on the point of jurisdiction or if an application has not been made there will be a response to the claim made.

 

after that I would expect it to be listed for a case management conference 

 

I doubt any hearing will take place this calendar year.

 

forget about the CAT claim for now. It will be the arbitration process that will possibly bring quicker results. 

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7 minutes ago, Craig H said:

The Chair of the CAT will not make a decision on jurisdiction on the papers, it doesn’t work like that (or rarely)

 

contesting jurisdiction is in the rules and when the application is made both parties will make submissions.  The rules state there will be an oral hearing 

 

the next stage of CAT will be either that the matter will be listed for a hearing on the point of jurisdiction or if an application has not been made there will be a response to the claim made.

 

after that I would expect it to be listed for a case management conference 

 

I doubt any hearing will take place this calendar year.

 

forget about the CAT claim for now. It will be the arbitration process that will possibly bring quicker results. 

 

I don't think the CAT rules don't state that there "will" be a hearing, their guidance (not the rules) states that there will usually be a hearing. Which suggests that there would be the option for it to be decided on the papers.

 

Given that it seems to solely relate to the arbitration covering materially identical issues, it seems conceivable that the CAT would want to make a decision, at least to stay the case, before the arbitration takes place.

 

 

 

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29 minutes ago, Jackie Broon said:

 

I don't think it's that black and white. The PL's challenge is that the arbitration is dealing with materially identical issues, it seems the most likely outcome if their challenge were successful is that the CAT case is just stayed until the outcome of the arbitration, rasher than thrown out.

 

If the PL's challenge fails / has failed, I don't think that really says much about the strength of the club's evidence, but it might indicate that the scope of the case is such that the club could lose the arbitration and still have a viable anti-competition case.

 

This lad has similar thoughts to yourself on the CAT case Jackie. The test does seem very broad in nature as to who can be considered a person of influence. 
 

Hopefully the arbitration can apply common sense when considering the reasonable influence the state would have on the day to day running of a football club.

 

The PIF law doc does suggest the board would have autonomy in appointing directors to NUFC and decision making without referring to CEDA.

 

 

 

 

Edited by Whitley mag

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19 minutes ago, Whitley mag said:

This lad has similar thoughts to yourself on the CAT case Jackie. The test does seem very broad in nature as to who can be considered a person of influence. 
 

Hopefully the arbitration can apply common sense when considering the reasonable influence the state would have on the day to day running of a football club.

 

The PIF law doc does suggest the board would have autonomy in appointing directors to NUFC and decision making without referring to CEDA.

 

 

 

 

 

 

 

My worry is that I don't think the CAT case is a route to the takeover, it will probably take too long. I think the takeover hangs on the arbitration and I'm less confident about that going our way.

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5 minutes ago, Jackie Broon said:

 

 

My worry is that I don't think the CAT case is a route to the takeover, it will probably take too long. I think the takeover hangs on the arbitration and I'm less confident about that going our way.

Don’t think it ever was meant to be that tbh. I think it was another stick to beat the premier league with publicly. CAT might be the longest of long shots, I think Ashley’s legal team are using the public nature of its process to scare the premier league shitless. The last thing they want is all of their dirty washing live streamed for all and sundry to see.

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6 minutes ago, Jackie Broon said:

 

 

My worry is that I don't think the CAT case is a route to the takeover, it will probably take too long. I think the takeover hangs on the arbitration and I'm less confident about that going our way.

Aye, suppose that would depend on PIF hanging around, hopefully the threat of disclosure alone will be a breaking point for the PL.

 

This independent Govt review could also be a game changer later this year. The PL’s ability to decide ownership may be completely taken away from them. 
 

I’m still leaning towards out of court settlement if the CAT case has been given go ahead. Hopefully the anti competition case has been the winning move by Ashley.

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2 hours ago, Whitley mag said:

Aye, suppose that would depend on PIF hanging around, hopefully the threat of disclosure alone will be a breaking point for the PL.

 

This independent Govt review could also be a game changer later this year. The PL’s ability to decide ownership may be completely taken away from them. 
 

I’m still leaning towards out of court settlement if the CAT case has been given go ahead. Hopefully the anti competition case has been the winning move by Ashley.

 

That's if the CAT case hasn't already killed the whole concept of an owners and directors test. In which case the government will have to legislate for it if they want special controls to be in place on football club ownership over and above those of any other company.

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33 minutes ago, Dr Jinx said:

What I don’t get is that if the o&d’s test has to be resubmitted every year for approval from the PL for every club, how do Man City pass it? That’s about as state owned as it gets.

I’m guessing that it doesn’t really and because of this fact City don’t get any mither from it. 
 

Would be highly surprised if these exact points and examples weren’t raised though.

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3 minutes ago, Optimistic Nut said:

Once an owner is in though, you can’t just kick them out surely? 

 

Not that it would ever actually happen, but the PL can technically suspend the club from the league until the club is sold:

 

F.9. If a Director who receives a notice under the provisions of Rule F.6.1 fails to resign and his Club fails to procure his removal from office as required, or if a Club proceeds with the appointment as a Director of a Person to whom Rule F.4 applies despite having received a notice under the provisions of Rule F.6.2, the Board shall have power to suspend the Club by giving to it notice in writing to that effect

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It sort of begs the question, why didn’t they just plough ahead with the takeover and then let the courts decide? It would have been a far quicker process and I suppose a bit of a power play but much easier to do business when you actually have the keys etc.

 

There is literally nothing that could have prevented the sale as a financial transaction, it’s all on whether they are prepared to let the Saudis join their boys club.

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14 minutes ago, Jackie Broon said:

You're right, but that would have been a big risk to take and they clearly didn't want to take it.

 

Plus it would have antagonised everyone in British football. Completely the wrong message to send if you want to get people onside. 

 

Not that they ever will mind, football in this country has an incestuos relationship with the Big Six. You can count on one hand the number of football writers who are in favour of us being taken over by the super rich Saudis. And you can count that writer with one finger of that hand. Henry Winter basically.

 

 

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