I think there are a few important things we can take from this.
We have read the comments made by representatives of CCFC in recent days and debated whether we wished to lend them any credibility by responding or to get drawn into a public war of words. However, we believe it is important to defend ourselves against the accusations levied at us, and to address and clarify certain points.
I think this is really nice. We all know that Wasps tend not to get involved in this sort of thing, or to post publically on much, so the fact that they are making an effort to be straight with us is a big deal. Here's hoping it is a sign of things to come!
One point we have remained firm on throughout negotiations is the need to protect ourselves from future further litigious behaviour, directly or indirectly, by CCFC's owners.
I think this likely holds the key to the whole thing. I am willing to bet money that there will be a response from CCFC saying that they were happy not to sue Wasps, but the "indirectly" point is a big one. If they successfully manage to sue the city council for having sold the Ricoh to wasps then who will the council be legally obliged to pass that on to? Wasps. They may not be suing Wasps but they are directly attempting to distress Wasps by legal action. Personally I don't think it is too much to ask them not to sue their landlord or sue someone else that will directly impact on their landlord. SISU obviously disagree.
The fact that Wasps have even mentioned this make it pretty clear this was a big deal. SISU have attempted to screw Wasps in the courts before, and won't promise not to do it again.
But even with this the fact that we weren't seeking indeminity, just an agreement not to attempt to bankrupt us seems pretty reasonable to me.
We believe CCFC owner’s call to waive the NDA is nothing more than a tactic to distract fans. Their implication, that Wasps has something to hide, is defamatory. As they are more than aware, the NDA was signed by several parties who trusted in the enduring integrity and spirit of the agreement for the protection of their commercially sensitive data and of the independent individuals involved. It is misleading to suggest that it is simply up to Wasps to waive the NDA. We see this as nothing more than an attempt to publicly pass on the blame.
I suspect the only reason this is even in there is because CCFC have already broken the NDA by mentioning it exists. I have no doubt that there were other bodies involved, whether they were well known individuals or corporate entities with an interest in the negotiations. They may well not want their discussions being made public, and so to imply that Wasps are somehow the bad guys by sticking to a legal agreement they made is preposterous. I sign NDAs all the time when dealing with clients, it isn't a big deal. Even if it was entirely Wasps doing it is still pretty standard practice.
It's not beyond the realms of possibility that if Wasps did break the NDA as requested that SISU would then attempt to sue them for that as well!
All in all I am proud of my club for releasing this statement. I suspect the instinct was to batten down the hatches and simply keep quiet, and they did not do that. It speaks of integrity and bravery way beyond the liars of SISU.