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

[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 

[Jackie Broon]

33 minutes ago, gdm said:

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

Not necessarily, the arbitration hearing is due in July and is an expedited process, so we could conceivably have a decision on that before the start of the season, or the PL could conceivably settle at any point before then. For example, if the CAT tribunal dismiss their jurisdiction claim or if they're forced to disclose damning evidence.

[gdm]

3 minutes ago, Jackie Broon said:

Not necessarily, the arbitration hearing is due in July and is an expedited process, so we could conceivably have a decision on that before the start of the season, or the PL could conceivably settle at any point before then. For example, if the CAT tribunal dismiss their jurisdiction claim or if they're forced to disclose damning evidence.

Hope so 

[Collage]

Can’t be arsed. Impressed with anyone who can.

[GWN]

1 hour ago, Sima said:

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.

I just got told the PL won’t be dragging it out yesterday on here 

 

they are and they will.

[Scoot]

The premier league delaying tactics are annoying but I'll tell you what is more annoying, the fact they're legally allowed to keep delaying. I mean what sort if fucking system is this shite?

[Guest reefatoon]

We are getting there ........

[Jackie Broon]

2 minutes ago, GWN said:

I just got told the PL won’t be dragging it out yesterday on here 

 

they are and they will.

And it will eventually bite them in the arse. For all that the judiciary are meant to be impartial and not let stuff like that influence them, they're only human. Part of our case will be about them deliberately delaying things, if they constantly delay and ask for extensions in this process it will not look good for their defence.

[ToonArmy1892]

More waiting, get to fuck. 

[Robster]

33 minutes ago, Scoot said:

The premier league delaying tactics are annoying but I'll tell you what is more annoying, the fact they're legally allowed to keep delaying. I mean what sort if fucking system is this shite?

This is where I am at. The whole thing is a piss take.

[Nobody]

I'm just happy we've got some concrete dates for when this shit is going down. Just need to get a conclusion either way and stop all the baseless speculation. 

[nufcjb]

Glad I wasn't too much on the positivity boat. This would have knocked me back a bit and made me depressed. Staying realistic will keep you sane.

[NG32]

45 minutes ago, reefatoon said:

We are getting there ........

So true, if there was ever going to be a take over under Ashley, it was always going to be a messy drawn out affair.