So in a nut shell who is likely to come out on top then ?
It comes down to this the application of the 'market investor test', which looks at whether a private investor would have acted in the same way
The defence say you can't just apply that because Councils have other responsibilities. However I get the feeling these judges will still take that as the overriding factor in their decision.
Would a private firm try and stop their tenant devaluing a business they have an interest in. When they same tenant is trying to buy that business.
Would they make a risky loan to that business in order to keep it afloat.
Then sell it off to someone else before it gets anymore devalued?
Or would a private firm just try and sell it to the company causing it's value to drop. Without having to do any loan deal.
Or would a private firm do a deal with the company devaluing their business to try and drive a deal out of the bank. Which means working with this company when the relationship isn't great
Very tough really. I am thinking 60-40 in SISU's favour.
The first hearing s lot if people actions and Behavioyr came into it. It seemed to be based more in common sense. I was 70-30 thinking the council would win for the reasons the judge explained.
However this is more technical it seems to be cutting out all the surrounding curcumstances. It just looks at was that loan state aid yes or no. Without looking at all the surrounding curcumstances it looks more like it is.
In a strange way if the council did know Wasos were going to bud when they took this step. That would be better for them. A private company may do that. If they saw SUSU as hostile and knew by making the loan they could negate their influence them pave the way for a smoother sake to Wasps whilst having minimal risk in the loan because it actually would only be temporary.
I imagine a private company may have taken that option.