SlowerThanPlatt
Well-Known Member
Simon Gilbert @TheSimonGilbert 9m Piece on the impending Higgs v Sisu High Court battle due to go up at 7pm on @covtelegraph website. Details on who could be called etc
Judicial Review thread (5 Viewers)
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Danceswithhorses
Well-Known Member
Hilarious...as independent as Labovitch maybe
dongonzalos
Well-Known Member
Grendel's up for the prosecution
ccfcway
Well-Known Member
A bitter high court battle between two of the key players in the Ricoh Arena rowwill ensue next week.Coventry City owners Sisu and The Alan Edward Higgs Charity will lock horns at Birmingham High Court on Tuesday, April 1.
It is the first event in what is expected to be a summer of discontent for Sky Blues fans. Another high profile legal wrangle is lined up for June 10 when a judicial review will take place into Coventry City Council’s handling of a £14million finance deal with Ricoh Arena operating firm Arena Coventry Ltd (ACL).
Meanwhile, supporters are forced to travel 35 miles to Northampton to support their team at ‘home’ games, while the majority refuse to attend completely. There also appears to be no clear indication of when, or if, the club will return to the city.
The first hearing is expected to last three days and will see the two warring parties go head to head over the charity’s claim for expenses incurred during negotiations back in 2012.
Negotiations centred on the club’s attempt to purchase the charity’s stake in ACL - a joint venture company between the Higgs Charity and the council.
The charity’s claim is for £29,000 and is based on a negotiation clause which stated that if talks broke down the club would cover the charity’s costs accrued as part of the process.
However, the club will defend the claim and has launched a counter-claim against the charity - ten-times that amount at £290,000. It is believed the counter-claim is higher due to club owners incurring larger costs as the pro-active party in negotiations.
At least three witnesses are expected to give evidence and be cross examined by either side’s barristers.
Among those to be called are likely to be Peter Knatchbull-Hugessen, clerk of the Higgs Charity, and Paul Harris, a trustee of the charity.
It is understood Laura Deering - who is believed to be Sisu boss Joy Seppala’s personal assistant - could also appear. Ms Seppala is not expected to be present during the proceedings.
The Higgs Charity has released a statement on its website which states the action is being taken to protect the charity’s funds: “In 2012 negotiations began for the sale of the charity’s shares to Sisu without result.
“The charity is a publicly accountable body and must always act on professional advice. There was an agreement in place with Sisu that up to £29,000 of the charity’s costs would be covered in the event that no deal was completed due to a number of factors all outside the charity’s control.
“The charity’s present claim is to protect the charity’s funds and to recover their abortive costs in accordance with the agreement with Sisu in the sum of £29,000.
“Sisu has responded to the charity’s claim by serving a counterclaim against the charity for £290,000 on the basis that the charity prevented Sisu from agreeing a transaction with ACL’s former lenders, Clydesdale Bank.
“The charity are defending Sisu’s counterclaim.”
Club bosses believe the charity must shoulder the blame for negotiations breaking down with the council after ACL and the city council agreed a deal which saw the council effectively become ACL’s mortgage lenders by buying the stadium company’s bank debt.
Club sources have previously maintained that Sisu paying off the debt was a key part of the discussions and that the club was forced out of a potential deal as a result of the council stepping in.
It is the first event in what is expected to be a summer of discontent for Sky Blues fans. Another high profile legal wrangle is lined up for June 10 when a judicial review will take place into Coventry City Council’s handling of a £14million finance deal with Ricoh Arena operating firm Arena Coventry Ltd (ACL).
Meanwhile, supporters are forced to travel 35 miles to Northampton to support their team at ‘home’ games, while the majority refuse to attend completely. There also appears to be no clear indication of when, or if, the club will return to the city.
The first hearing is expected to last three days and will see the two warring parties go head to head over the charity’s claim for expenses incurred during negotiations back in 2012.
Negotiations centred on the club’s attempt to purchase the charity’s stake in ACL - a joint venture company between the Higgs Charity and the council.
The charity’s claim is for £29,000 and is based on a negotiation clause which stated that if talks broke down the club would cover the charity’s costs accrued as part of the process.
However, the club will defend the claim and has launched a counter-claim against the charity - ten-times that amount at £290,000. It is believed the counter-claim is higher due to club owners incurring larger costs as the pro-active party in negotiations.
At least three witnesses are expected to give evidence and be cross examined by either side’s barristers.
Among those to be called are likely to be Peter Knatchbull-Hugessen, clerk of the Higgs Charity, and Paul Harris, a trustee of the charity.
It is understood Laura Deering - who is believed to be Sisu boss Joy Seppala’s personal assistant - could also appear. Ms Seppala is not expected to be present during the proceedings.
The Higgs Charity has released a statement on its website which states the action is being taken to protect the charity’s funds: “In 2012 negotiations began for the sale of the charity’s shares to Sisu without result.
“The charity is a publicly accountable body and must always act on professional advice. There was an agreement in place with Sisu that up to £29,000 of the charity’s costs would be covered in the event that no deal was completed due to a number of factors all outside the charity’s control.
“The charity’s present claim is to protect the charity’s funds and to recover their abortive costs in accordance with the agreement with Sisu in the sum of £29,000.
“Sisu has responded to the charity’s claim by serving a counterclaim against the charity for £290,000 on the basis that the charity prevented Sisu from agreeing a transaction with ACL’s former lenders, Clydesdale Bank.
“The charity are defending Sisu’s counterclaim.”
Club bosses believe the charity must shoulder the blame for negotiations breaking down with the council after ACL and the city council agreed a deal which saw the council effectively become ACL’s mortgage lenders by buying the stadium company’s bank debt.
Club sources have previously maintained that Sisu paying off the debt was a key part of the discussions and that the club was forced out of a potential deal as a result of the council stepping in.
Nick
Administrator
Ahhh Simon had been spreading the seed early
Posted the other one here - http://www.skybluestalk.co.uk/threads/43652-Higgs-vs-CCFC-Court-Row
Posted the other one here - http://www.skybluestalk.co.uk/threads/43652-Higgs-vs-CCFC-Court-Row
ccfcway
Well-Known Member
close it then :sarcasm:
Astute
Well-Known Member
And Grendel will be backing SISU over the matter as usual.
SlowerThanPlatt
Well-Known Member
17 days...
ccfcway
Well-Known Member
eh, its 47 until Kick off
Sky Blue Kid
Well-Known Member
Nah!..I'd get SAF round to kick a few football boots around
Sky Blue Kid
Well-Known Member
@ bigfatronssba.......After all it didn't hurt Beckham?....errr....'ang on....
I hope you're right mate, which ever way it falls. Depressing chat today with some ex-cov fans, who no longer identify with the club and have found other things to do. These were season ticket holders for years, if we don't get this resolved soon the club(as we know it) will never return... PUSB
Paxman II
Well-Known Member
Too many people pining hopes on the JR having some magical effect? I suggest SISU's stance will remain the same whatever happens.
covcity4life
Well-Known Member
at least when its out of the way we can stop having the whole "wait for the JR" bullshit.
ccfcway
Well-Known Member
I think your right, but at least Plan B will kick in, or will continue at a bit more speed if they lose.
If they win, who knows where that will lead.
One thing must be for sure, we will know more than we do today ?
bigfatronssba
Well-Known Member
The JR will at least give some indication of the future of the club. Even if that is something bad, at least then we can move on.
J
Jack Griffin
Guest
shmmeee
Well-Known Member
I agree that we may be pinning too much on the JR, but has anyone considered what will move things forward? Are we hoping for a council change of heart? Or a new stadium? Or will Joy give it until the end of next year then pull the plug (sell/admin/liquidation, whatever)?
ccfcway
Well-Known Member
Is this anywhere near close ?
I suppose we are all guessing at the moment
CCC / ACL lose
they maybe forced to pay something -
a huge fine could leave them having to sell Ricoh, perhaps to SISU due to "loss of earnings" ?
a small fine will leave tax payers out of pocket with little chance of wanting to negotiate with SISU
a slap on the wrists wouldn't make much difference at all, with little chance of wanting to negotiate with SISU
SISU Lose
They could look to appeal
very little chance of effective negoatiations to own part / all of Ricoh
Plan B was / is to build stadium, acquire land etc
James Smith
Well-Known Member
I assume you mean "pinning hopes" on both sides, and I agree this won't be a magic bullet that either gets us back to the Ricoh or rid of Sisu. However it will be interesting to see the evidence produced in the JR whoever wins. Various people on here have alluded to interesting times ahead mostly suggesting discomfort for the council. Well I guess we'll find out soon.
Personally I don't think we'll be back at the Ricoh under Sisu but that isn't based on anything other than gut feeling.
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shmmeee
Well-Known Member
Firstly, to be accurate the JR can't award a fine, that would be for Sisu to follow up with a claim (I believe IANAL).
What they could do is demand that any money deemed state aid is paid back, basically leaving ACL up the shitter unless they can find finance. But even then, surely you can just wind up ACL and create a new company to run the ground. I still don't see how it forces things towards Sisu. Even if they get ACL, all they've got is a 40 year lease with all the restrictions and existing contracts around F&B that go with that. What's the point?
ccfcway
Well-Known Member
thats why i said "anywhere near close" as i wasnt sure if they could be fined. if SISU win, surely its a given SISU will follow it up with a claim though ?
Bennets Afro
Well-Known Member
If the council lost the JR and have were shown to of misused taxpayers money, would the council leaders have to resign and would new leaders have a different attitude towards bringing the club back to playing in Coventry
Kingokings204
Well-Known Member
I don't see the JR changing much excerpt for a clearer picture but don't see how that gets Coventry home.
From what I understand ccc can't offer or do Otium want. So I don't see how it can ever be sorted hence it hasn't and we are in Northampton.
(Back to the infamous house analogy lol) if you are selling a house and I offer 150k and the sellers lowest price is 200k and I won't budge from 150k then there isn't a deal to be done and there never will be. Only chance is either 1 or both sides changed their terms and negotiated else it's a stalemate and that's what we have.
From what I understand ccc can't offer or do Otium want. So I don't see how it can ever be sorted hence it hasn't and we are in Northampton.
(Back to the infamous house analogy lol) if you are selling a house and I offer 150k and the sellers lowest price is 200k and I won't budge from 150k then there isn't a deal to be done and there never will be. Only chance is either 1 or both sides changed their terms and negotiated else it's a stalemate and that's what we have.
chiefdave
Well-Known Member
For those of you who don't follow Simon Gilbert on twitter we're back in court tomorrow. SISU wanting access to council documents. Shouldn't they have all the evidence they need before they started with the JR? Seems to be a bit late in the day for this sort of thing.
covcity4life
Well-Known Member
yeh sisu are chumps in court eh?.....oh wait.
sky blue john
Well-Known Member
fernandopartridge
Well-Known Member
They have probably already asked for them and been denied hence it ending up in court.
covcity4life
Well-Known Member
running rings around your beloved council in admin process?
what about beating higgs claim to boot?
oh no you will just ignore that till council finally win one and then post about it till the end of time.
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