Takeover Thread - July 1st statement, Staveley letter to Tracey Crouch (and response) in OP

[Pokerprince2004]

Apparently the Premier League have been granted an extention of time until 17.00 hrs on June 5th 2021 to contest Mike Ashleys CAT jurisdiction 

 

 

 

 

Edited May 18, 2021 by Pokerprince2004

[B-more Mag]

https://www.catribunal.org.uk/sites/default/files/2021-05/1402_StJames_Reasoned_Order__130521_1.pdf

 

[manorpark]

4 minutes ago, Pokerprince2004 said:

Apparently the Premier League have been granted an extention of time until 17.00 hrs on June 5th 2021 to contest Mike Ashleys CAT jurisdiction 

 

Where did you get that from?

[Pokerprince2004]

1 minute ago, manorpark said:

Where did you get that from?

Sorry I put the twitter page I got it from on now. It wasnt embedded properly at first  

[B-more Mag]

2 minutes ago, B-more Mag said:

https://www.catribunal.org.uk/sites/default/files/2021-05/1402_StJames_Reasoned_Order__130521_1.pdf

 

Quote

IT IS ORDERED THAT: The Defendant is granted an extension of time to file and serve its application to contest the Tribunal’s jurisdiction until 5pm on 11 June 2021. 2

REASONS

1. The Defendant seeks an extension of time to 15 June 2021 to make an application, with supporting evidence, challenging jurisdiction pursuant to Rule 34 of the Tribunal Rules (“the Jurisdiction Application”) on the basis that the Jurisdiction Application will involve detailed submissions and supporting evidence that the Defendant is preparing alongside current procedural deadlines in arbitration proceedings with Newcastle United Football Club, which are said to cover materially identical issues to those raised in the Claim and which are being heard on an expedited basis in July 2021.

2. The Defendant also considers it necessary to have sight of a confidential addendum filed by the Claimant with the Claim in order to finalise its Jurisdiction Application. The Defendant considers that it will suffer clear and obvious prejudice if required to submit its Jurisdiction Application and all of its supporting evidence by the 14-day deadline stipulated by Rule 34(4) of the Tribunal Rules and states that the Claimant has not identified prejudice to it by the requested extension.

3. Having considered the confidential addendum, I am not persuaded that the Defendant is unable to prepare its Jurisdiction Application without sight of that document which, as the Claimant submits, sets out the calculation (using commercially sensitive information) of the current estimated quantum of loss and damage on the basis articulated in the Claimant’s claim form. I also note the Claimant’s arguments that the Defendant was made aware of the Claim in December 2020 and had intimated since as early as February 2021 that it would challenge jurisdiction and that the Defendant will need to progress both procedural deadlines on the arbitration and work on the Jurisdiction Application in parallel.

4. However, in light of the concurrent arbitration procedural deadlines, there is good reason why the Defendant requires additional time to prepare what it indicates will be detailed evidence in support of the Jurisdiction Application. As present, it is not known whether the Defendant will be granted the separate extensions of time which it is currently seeking from the arbitral tribunal but in any event the extension which it is there seeking for disclosure is to 26 May 3 2021, which is also its current deadline for filing its evidence. Whether or not it is granted an extension for filing evidence to 9 June 2021 as it has requested, I consider that it can prepare that evidence in parallel with its evidence in support of the Jurisdiction Application. I do not see that the Defendant will be prejudiced by a limited extension. Taking all this into account, I consider that a slightly more limited extension of time to 11 June 2021 is appropriate and justified.

 

[Yorkie]

More time to smash that delete button? 

[Rocker]

Can this fucking can be kicked any further down the steet? 

[nufcjmc]

So arbitration to start in July wonder how long that takes from start to finish 

[RS]

11th June.  More delaying tactics as expected  

Looks like a rocky path to resolution

[Jackie Broon]

Confirms that arbitration is being heard in July.

[Pokerprince2004]

The last part of reason 1:

urrent procedural deadlines in arbitration proceedings with Newcastle United Football Club, which are said to cover materially identical issues to those raised in the Claim and which are being heard on an expedited basis in July 2021

 

Is this definitive proof that arbitration has not started yet but will be done in July?? 

[bowlingcrofty]

But Ryder said that it’ll be done and dusted by June?

[Sima]

Fucking torturous this.

[Guest neesy111]

Make it end please.  Just want it over so whether I can concentrate on supporting NUFC or not giving a fuck.

[Yorkie]

So, basically, there'll be some stuff coming out which informs the arbitration process... but it would be coming out after the deadline for submissions in connection with the concurrent CAT process. So the PL are saying: "can't we at least wait to see what this arbitration stuff is before we submit all our CAT stuff, seeing as it's all materially similar?" And the Judge has said, yeah, makes sense. 

Which I suppose it does? 

Meanwhile arbitration is kicking off in July. So that's something. 

[Robster]

8 minutes ago, Sima said:

Fucking torturous this.

 Beyond a joke.

[B-more Mag]

One thing to note is this is an extension of time merely to submit the filing by which the EPL will challenge the CAT's authority to even hear the case (i.e., jurisdiction). It doesn't even get into the substantive merits of the allegations in the claim yet.

CAT rule re: challenge to jurisdiction in spoiler.

Spoiler

Disputing the Tribunal’s jurisdiction 34.—(1) A defendant who wishes to— (a) dispute the Tribunal’s jurisdiction to hear the claim; or (b) argue that the Tribunal should not exercise its jurisdiction, may apply to the Tribunal for an order declaring that it has no such jurisdiction or should not exercise any jurisdiction which it might have. (2) A defendant who wishes to make such an application shall first file an acknowledgment of service in accordance with rule 33. (3) A defendant who files an acknowledgment of service does not by doing so lose any right it may have to dispute the Tribunal’s jurisdiction and does not need to file a defence before the hearing of its application under this rule. (4) An application under this rule shall— (a) be made within 14 days after filing an acknowledgment of service; and (b) be supported by evidence. (5) If the defendant— (a) files an acknowledgment of service; and (b) does not make an application within the period specified in paragraph (4), the defendant is to be treated as having accepted that the Tribunal has jurisdiction to hear the claim. (6) An order containing a declaration that the Tribunal has no jurisdiction or will not exercise its jurisdiction may also make further provision as to the disposal or stay of the proceedings. (7) If on an application under this rule the Tribunal does not make a declaration under paragraph (6), the Tribunal shall give directions regarding the future conduct of the proceedings.

 

[Sima]

Can see this being dragged out continuously with the PL in the hope that one season we're relegated and they don't have to take action on it.

[Yorkie]

2 minutes ago, B-more Mag said:

One thing to note is this is an extension of time merely to submit the filing by which the EPL will challenge the CAT's authority to even hear the case (i.e., jurisdiction). It doesn't even get into the substantive merits of the allegations in the claim yet.

CAT rule re: challenge to jurisdiction in spoiler.

  Reveal hidden contents

Disputing the Tribunal’s jurisdiction 34.—(1) A defendant who wishes to— (a) dispute the Tribunal’s jurisdiction to hear the claim; or (b) argue that the Tribunal should not exercise its jurisdiction, may apply to the Tribunal for an order declaring that it has no such jurisdiction or should not exercise any jurisdiction which it might have. (2) A defendant who wishes to make such an application shall first file an acknowledgment of service in accordance with rule 33. (3) A defendant who files an acknowledgment of service does not by doing so lose any right it may have to dispute the Tribunal’s jurisdiction and does not need to file a defence before the hearing of its application under this rule. (4) An application under this rule shall— (a) be made within 14 days after filing an acknowledgment of service; and (b) be supported by evidence. (5) If the defendant— (a) files an acknowledgment of service; and (b) does not make an application within the period specified in paragraph (4), the defendant is to be treated as having accepted that the Tribunal has jurisdiction to hear the claim. (6) An order containing a declaration that the Tribunal has no jurisdiction or will not exercise its jurisdiction may also make further provision as to the disposal or stay of the proceedings. (7) If on an application under this rule the Tribunal does not make a declaration under paragraph (6), the Tribunal shall give directions regarding the future conduct of the proceedings.

 

Oh really? So, before we even get to a CAT, the PL are trying to argue that it should never go to CAT in the first place? So there's a dispute to settle there before Ashley's arguments are even properly heard and considered? 

[The Prophet]

I know its easier said than done, but it really is worth switching off from this over the summer.

As far as I'm concerned Ashley and Bruce will be here next season. We have the Euros and Copa America over the summer, don't ruin it by pouring over every piece of click bait that's written on this shit show. It's going to take months to resolve, regardless of the outcome.

[Guest neesy111]

2 minutes ago, The Prophet said:

I know its easier said than done, but it really is worth switching off from this over the summer.

As far as I'm concerned Ashley and Bruce will be here next season. We have the Euros and Copa America over the summer, don't ruin it by pouring over every piece of click bait that's written on this shit show. It's going to take months to resolve, regardless of the outcome.

100% agree with The Prophet.

[B-more Mag]

Just now, Yorkie said:

Oh really? So, before we even get to a CAT, the PL are trying to argue that it should never go to CAT in the first place? So there's a dispute to settle there before Ashley's arguments are even properly heard and considered? 

 Correct. Presumably the argument is some variation of "the EPL rules specify arbitration; that arbitration is pending; this claim is an improper attempt to sidestep that forum". We don't know the exact contours of the argument, because they've just gotten an extension to even make that argument. 

Now, having said that, some of the authorities quoted in that piece from The Athletic seem to think the CAT claim may have enough competition law elements that are sufficiently different than what the arbitration board has authority to decide, that the EPL may well lose its jurisdictional challenge. But the short story is, yes, it's a fight before the fight.

[Yorkie]

Fucking hell. ?

[nufcnick]

I think people have missed this massive bit from the judge, the PL wanted to see what we have som they can defend against it but the judge fucked them off 

PL said

“The Defendant also considers it necessary to have sight of a confidential addendum filed by the Claimant with the Claim in order to finalise its Jurisdiction Application. The Defendant considers that it will suffer clear and obvious prejudice if required to submit its Jurisdiction Application and all of its supporting evidence by the 14-day deadline stipulated by Rule 34(4) of the Tribunal Rules and states that the Claimant has not identified prejudice to it by the requested extension.”

judge said

“Having considered the confidential addendum, I am not persuaded that the Defendant is unable to prepare its Jurisdiction Application without sight of that document which, as the Claimant submits, sets out the calculation (using commercially sensitive information) of the current estimated quantum of loss and damage on the basis articulated in the Claimant’s claim form. I also note the Claimant’s arguments that the Defendant was made aware of the Claim in December 2020 and had intimated since as early as February 2021 that it would challenge jurisdiction and that the Defendant will need to progress both procedural deadlines on the arbitration and work on the Jurisdiction Application in parallel.”

 

 

Edited May 18, 2021 by nufcnick

[gdm]

Going in to another PL season with this hanging over us then