Legals Update This Week / SISU Lose chance to appeal (18 Viewers)

[IrishSkyBlue]

Be interesting to see who backs down first or offers the olive branch, i think maybe all partys will be so stubborn it still might not get resolved even with legals decision now made and in theory stopped.

 

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[chiefdave]

So as it stands, there's no legals so deal by the end of the day for the Ricoh

I know you’re joking but is it even allowed in contract law to insert a clause that your tenant, or any associated company, can not take any legal action against you at any point in the future?

 

[Nick]

This won't be the end...

Pretty much the only thing guaranteed.

 

[fernandopartridge]

For now Wasps & CCC are in a position that UK courts have proven them vindicated and that SISU have never had an arguable case

Vindicated only in a legal sense

 

[chiefdave]

Do people really think SISU are just going to drop it now? If they can’t appeal this to a higher level they’ll just start up the civil case this has all been leading to.

 

[Nick]

Vindicated only in a legal sense

Although that won't be used, there's already those strange accounts who say "the judges say CCC never did anything wrong" or "refer to judgement" in reply to everything.

 

[Deleted member 5849]

Do people really think SISU are just going to drop it now? If they can’t appeal this to a higher level they’ll just start up the civil case this has all been leading to.

Just because they've been going the JR route doesn't mean there aren't other avenues they can't pursue before any civil case, anyway.

Just because we don't know of them, doesn't mean they won't find them!

 

[Warwickhunt]

Wouldnt put it past them to target Individuals in a Civil case!

 

[ccfcway]

And so the civil case will now begin.

Anyone any ideas how long that could last and what are the options open to them when the appeal against the appeal which appealed the loss of the civil case happens ?

 

[chiefdave]

Assume the full verdict hasn’t been released but how is it not if public importance that the council might have done the taxpayer out of tens of millions? And if it’s not why was the case heard in the first place?

That doesn’t read as if they’re saying it’s right or wrong legally. Hopefully someone more knowledgeable can explain.

 

[oldskyblue58]

OSB could they sign an agreement of no more legals naming WASPs as an interested party? (Still gives them option to chase CCC)

Not sure if they could because Wasps are the other half of the transaction..... any judgement against CCC would affect Wasps

 

[Liquid Gold]

Sort a 5 year deal out now and call the lawyers once the ink is dry.

 

[Captain Dart]

I know you’re joking but is it even allowed in contract law to insert a clause that your tenant, or any associated company, can not take any legal action against you at any point in the future?

I imagine it is possible to insert an end of season break clause. I don't think the EFL would sanction any weaker terms.

 

[oucho]

Assume the full verdict hasn’t been released but how is it not if public importance that the council might have done the taxpayer out of tens of millions? And if it’s not why was the case heard in the first place?

That doesn’t read as if they’re saying it’s right or wrong legally. Hopefully someone more knowledgeable can explain.

There is no verdict because they have simply declined to hear the appeal. The point of an appeal is that it asks a higher authority to look again at a judgment made further down the chain (in the high court, in this case) and there has to be a valid point of law i.e. that the judge made an error in their conclusions, that would get the thing looked into. The actual rights/wrongs of the case are not criteria for whether the Supreme Court hear an appeal.

 

[Tommo1993]

SISU are too slimy to not pursue another legal grievance. Wonder what they’ll try.

All parties know that CCFC at the Ricoh is in everyone’s best interest, just get round a table ffs. I hate the feeling that no efforts will actually be made and they’ll just go straight for the groundshare.

 

[joemercersaces]

When are SISU going to start battering the council in court?

 

[Magwitch]

Interesting, nor surprised but I suspect neither are sisu just interesting now who’s Court the ball is in and how it’s played. Technically now there are no legals going on so room to talk.

 

[oucho]

Is this deffo the end of JR2? The identical decision (not to hear an appeal) by the Supreme court ended JR1. But could the CT story implies SISU could appeal to the EU courts....that wasn't the case last time, but could it be the case now (and, if so, why?)

 

[chiefdave]

There is no verdict because they have simply declined to hear the appeal. The point of an appeal is that it asks a higher authority to look again at a judgment made further down the chain (in the high court, in this case) and there has to be a valid point of law i.e. that the judge made an error in their conclusions, that would get the thing looked into. The actual rights/wrongs of the case are not criteria for whether the Supreme Court hear an appeal.

So what do they mean by adding of public importance? To me that reads like there is an argument but it’s been decided it shouldn’t be heard. If this is all we’re getting, with no further detail, doesn’t that immediately open the door for the next appeal.

 

[HuckerbyDublinWhelan]

Isn’t a judicial review only concerned with the process rather than the contents? I’d imagine all the courts are saying is that there was nothing wrong with the way it was carried out

Either way, stop pissing about and get a deal agreed

So what do they mean by adding of public importance? To me that reads like there is an argument but it’s been decided it shouldn’t be heard. If this is all we’re getting, with no further detail, doesn’t that immediately open the door for the next appeal.

 

[oucho]

So what do they mean by adding of public importance? To me that reads like there is an argument but it’s been decided it shouldn’t be heard. If this is all we’re getting, with no further detail, doesn’t that immediately open the door for the next appeal.

I don't think that's what thy mean. They mean that the appeal, if heard, would be to overturn a judge's decision. The original decision was based on the judge's interpretation of the law, but if this interpretation was faulty then as a matter of public importance then the judgement should be queried. But they seem to be saying that nothing in SISU's application to appeal included such an aspect.

If so then it's a pretty obvious omission by the SISU legal team. Perhaps SISU know all along this would fail but had to be seen to carry on regardless and not fold, to protect their "hard ball / no fault" image. If not then I hope for they're sake that they're paying Rhodri and Matrix Chambers on a "no win, no fee" basis.

 

[SkyBlueDom26]

If SISU are clever, they will strike a deal first then do what they think is right to do

 

[Bumberclart]

Heard a rumour a while back that SISU want the case to get to the European Court, as they take a dim view of councils not doing the best for their residents.
Anyone know if this opens the door to European Courts?

 

[cc84cov]

Heard a rumour a while back that SISU want the case to get to the European Court, as they take a dim view of councils not doing the best for their residents.
Anyone know if this opens the door to European Courts?

It’s either that or the civil route now surely ?

 

[CCFCSteve]

Surely SISU will have to change their strapline from "we batter people in court" to "we batter people in court.....if we ever get a hearing"

The momentum has swung CCC/Wasps way with this decision, sympathy in SISUs position will fade as they don't (currently) have a case so why not agree to drop the legals ? Whether SISU leave it there or not, who knows. Wasps should come out and offer talks.

There is hopefully a better chance of an agreement now than if Supreme Court had found the other way/a decision hadn't yet been made.

 

[SkyBlueDom26]

Doesn't mean we should forgive the council in any way if we do end up back at the ricoh, still sold the ricoh dodgy to fuck us and sisu over

 

[Major Tom]

Be interesting to see who backs down first or offers the olive branch, i think maybe all partys will be so stubborn it still might not get resolved even with legals decision now made and in theory stopped.

 

[Ashdown]

Nah, let's be optimistic, this is it by Good Friday they will have all kissed and made up and ST 's will be on sale for the Ricoh by May !

 

[Captain Dart]

Nah, let's be optimistic, this is it by Good Friday they will have all kissed and made up and ST 's will be on sale for the Ricoh by May !

How long can season ticket sales be delayed?

 

[ceetee]

Not sure if they could because Wasps are the other half of the transaction..... any judgement against CCC would affect Wasps

But if Wasps acted in good faith and paid what was asked and agreed, it is solely the council's problem.

Mind you, if there was a stitch up between Wasps and the council................

 

[Razzle Dazzle Dean Gordon]

They still have a Civil case to bring if CCC do not co-operate?

Quite possibly, depends on the scope and whether it has an impact on Wasps I suppose (because if it did then you'd assume they would not be able to bring it without breaking any deal made with Wasps). In theory though I see no reason SISU can't agree a tenancy with Wasps and then go after CCC on something separate that doesn't involve them as an interested party.

 

[SkyBlueDom26]

DrunkenWasps.com - SISU Lose Again

 

[SkyBlueDom26]

What Coventry city Council have said
The following is a joint statement from leader of Coventry City Council George Duggins and leader of the opposition Cllr Gary Ridley.

It says: “We are delighted with today’s judgement from the highest court in the land which once again justifies why we have robustly defended all claims brought by Sisu-related companies over recent years.

“Sisu has continually sought to re-open decisions taken by the Council almost five years ago but we have always remained steadfast in our belief that those decisions were appropriate, lawful and in the best interests of Coventry tax payers.

“We hope that this will be the last stage of the litigation and that Sisu will accept this as the end of all legal action so that further unnecessary costs are avoided for all parties involved.

“The continuing litigation is achieving nothing apart from alienating them from the partners in the city who they should be working with to secure a successful and sustainable future for Coventry City Football Club here in this city.”

The council has so far spent more than £1 million defending two judicial reviews from Sisu-related companies.

Blaming everything on everyone else as usual

 

[chiefdave]

Telegraph are a bit slow today. Where’s the list of 5 things we’ve learned?

 

[Captain Dart]