Higgs vs CCFC Court Row (7 Viewers)

[Nick]

That insinuates it could be thrown out. Is that how I should be reading this?

It does sound like he has a good idea already doesn't it?

 

---

[GaryPendrysEyes]

Surely what we should all want is for the truth to come out? I don't get all this wanting Higgs to win or sisu to win nonsense. I want to know what has been happening at my football club.

I was pulling his chain fella.

 

[shmmeee]

My problem is that everyone states that if Sisu win this will be the case. Not necessarily so. Would much rather see the evidence before forming an opinion.

To be honest, whatever way this and the JR go, it'll do nothing. We've already seen in this thread one tweet taken as evidence for both sides.

It's all just a sideshow. You can't go around chasing after every but of evidence. For most it's not a legal issue, but a moral one and you won't win that with a piece of evidence.

 

[Nick]

Can a decision be made without all of the evidence? What happens if one side has a deal breaking bit of evidence?

 

[fernandopartridge]

Its all about motives.

That statement doesn't say their motive for lending the money was to force a club sale, it just says what might be an outcome of it.

For the council to lend the money with the intention of getting rid of sisu is illegal.

For the council to lend money that might have a knock on effect to sisu isn't illegal.

For the council to have a preferred owner of the football club isn't illegal.

Yes, I've said that in my post if you read it properly.

 

[chiefdave]

Can a decision be made without all of the evidence? What happens if one side has a deal breaking bit of evidence?

Then they probably shouldn't have mentioned that before now!

 

[GaryPendrysEyes]

Can a decision be made without all of the evidence? What happens if one side has a deal breaking bit of evidence?

Are we talking about the primary case (Higgs) or counter case (Sisu) or both???

 

[Nick]

Then they probably shouldn't have mentioned that before now!

What if they haven't had chance? I'm not saying they have,.just asking how it works

 

[shmmeee]

In a perfect world we'd all love that. In the real world it would depend how you went about it. Guess that is what the JR is to decide.

Yeah, like I say in the "real" world, clubs aren't anything to do with us and we're just customers.

I think the thing that galls people the most about all this is that being so harshly revealed.

Whatever happens, I hope we have a discussion as a country about what clubs are and how to avoid this kind of thing again.

 

[AFCCOVENTRY]

@TheSimonGilbert: Sisu QC agrees there's a 'tit for tat element' to this case. Judge points out Higgs is limited at £29k but "sky is the limit" for Sisu

 

[chiefdave]

What if they haven't had chance? I'm not saying they have,.just asking how it works

Both sides have had to lay out the basis of their arguement over the last few hours. If you had something that was going to blow the whole case out of the water you'd mention it as early as possible so you could get it all over and done with.

 

[Otis]

It's the same both ways though isn't it?

It is indeed.

 

[chiefdave]

@TheSimonGilbert: Sisu QC agrees there's a 'tit for tat element' to this case. Judge points out Higgs is limited at £29k but "sky is the limit" for Sisu

That's not the best arguement to make in court is it??? If that's the best their squad of legal types could come up with Fisher should be a touch worried!

 

[Skybluesquirrel]

Can a decision be made without all of the evidence? What happens if one side has a deal breaking bit of evidence?

If the judge has read the original agreement and interpreted it as a clear declaration that if 'the negotiations end without agreement, SISU pay the legal costs of the charity' then what further evidence do you actually really need?

 

[GaryPendrysEyes]

@TheSimonGilbert: Sisu QC agrees there's a 'tit for tat element' to this case. Judge points out Higgs is limited at £29k but "sky is the limit" for Sisu

I dont believe it! Some bad press for Sisu coming, as if they give a s&*(

 

[spider_ricoh]

Both sides have had to lay out the basis of their arguement over the last few hours. If you had something that was going to blow the whole case out of the water you'd mention it as early as possible so you could get it all over and done with.

Maybe.

Or maybe you see how the other side deploy their argument and keep that ace in hand to use it at the moment when it will have maximum damage effect.

I suspect if there really was a smoking gun on either side, we wouldn't be in court - it would have been settled long ago.

 

[shmmeee]

Am I the only one that doesn't immediately understand the impact of these tweets, or just the only one not admitting it?

 

[Deleted member 2526]

@TheSimonGilbert: Sisu QC agrees there's a 'tit for tat element' to this case. Judge points out Higgs is limited at £29k but "sky is the limit" for Sisu

Which side's the tit?

 

[chiefdave]

So it seems the clause Higgs are claiming under does exist and has a limit (I guess the £29K). Unless there's exemptions written into the clause SISU will be stuffed won't they?

 

[Rob S]

All about implied terms of an agreement in contract law. Very deep legal stuff ATM

 

[Nick]

@TheSimonGilbert: Sisu QC agrees there's a 'tit for tat element' to this case. Judge points out Higgs is limited at £29k but "sky is the limit" for Sisu

Is that the most Higgs can win is 29k or lose? Same for SISU, they can win "the sky" or lose "the sky"?

 

[Rob S]

They keep referring to a case called Belize. The Breaking Bad fan in me finds this amusing

 

[wingy]

All about implied terms of an agreement in contract law. Very deep legal stuff ATM

Sounds like there Is absolutely nothing in the Clause that supports the argument other than a self percieved nuance?

 

[wingy]

They keep referring to a case called Belize. The Breaking Bad fan in me finds this amusing

Precedent from a previous case.

 

[Rob S]

Btw, case won't be thrown out. Judge ruling on if he can decide now based on preliminary arguments only with no witnesses

We find out if it ends today or goes on all week

 

[covcity4life]

They keep referring to a case called Belize. The Breaking Bad fan in me finds this amusing

tread lightly.

 

[GaryPendrysEyes]

Btw, case won't be thrown out. Judge ruling on if he can decide now based on preliminary arguments only with no witnesses

We find out if it ends today or goes on all week

Are we just talking about the Sisu counter case, or the primary Higgs case- or both?

 

[Rob S]

Precedent from a previous case.

Yes. Lots of legal people passing things around and rummaging thru files.

I can see the mythical 4000+ pages of emails

 

[chiefdave]

Are we just talking about the Sisu counter case, or the primary Higgs case- or both?

Both I would assume as you would rule one way or the other.

 

[Monners]

Yes. Lots of legal people passing things around and rummaging thru files.

I can see the mythical 4000+ pages of emails

Is it really as exciting as you are making this seem - you should be a script writer Do they wear wigs by the way? (and I don't mean Mr Fisher)

 

[Lorksalordy]

Is that the most Higgs can win is 29k or lose? Same for SISU, they can win "the sky" or lose "the sky"?

If they win the sky we could be in business with the new stadium location confirmation......

 

[Rob S]

Are we just talking about the Sisu counter case, or the primary Higgs case- or both?

Both. If you are sued you have to counter claim to defend otherwise pay up

 

[mark82]

Guys - can we keep the mudslinging and personal arguments off this thread please.

 

[Deleted member 5849]

I can see the mythical 4000+ pages of emails

Reckon half of that is people just replying 'yes' and 'thanks' while leaving the previous mail history tacked on underneath?

 

[shmmeee]

Thanks whoever cleaned this thread up.