Always a Wasp

Author Topic: CCFC staying in Birmingham  (Read 10586 times)

baldpaul101

  • Hero Member
  • *****
  • Posts: 1706
  • Wasps Rugby Fan
    • View Profile
Re: CCFC staying in Birmingham
« Reply #45 on: July 28, 2020, 11:03:07 AM »
Quote
Have the Council acted disingenuously in the sale of the Ricoh to Wasps and the subsequent 250-year lease extension? (Commercially, the sale itself seemed sensible - The lease for a relatively modest fee seems a bit more suspect but I don't know enough about it to know whether it's normal to get such a lease in these scenarios)

My understanding is that multiple courts & legal processes have decided that he council did nothing wrong.

Vespula Vulgaris

  • Administrator
  • Hero Member
  • *****
  • Posts: 2992
    • View Profile
Re: CCFC staying in Birmingham
« Reply #46 on: July 28, 2020, 11:06:02 AM »
Quote
Have the Council acted disingenuously in the sale of the Ricoh to Wasps and the subsequent 250-year lease extension? (Commercially, the sale itself seemed sensible - The lease for a relatively modest fee seems a bit more suspect but I don't know enough about it to know whether it's normal to get such a lease in these scenarios)

My understanding is that multiple courts & legal processes have decided that he council did nothing wrong.

They have indeed, but if SISU took civil action against the council there is a risk it would go in their favour, which would indirectly cost Wasps a huge amount of money.  That is what they refused to rule out from the sounds of that release.
Please consider supporting the forum in 2022! Donate Here

jamestaylor002

  • Hero Member
  • *****
  • Posts: 792
  • Wasps Rugby Fan
    • View Profile
Re: CCFC staying in Birmingham
« Reply #47 on: July 28, 2020, 11:08:23 AM »
Quote
Have the Council acted disingenuously in the sale of the Ricoh to Wasps and the subsequent 250-year lease extension? (Commercially, the sale itself seemed sensible - The lease for a relatively modest fee seems a bit more suspect but I don't know enough about it to know whether it's normal to get such a lease in these scenarios)

My understanding is that multiple courts & legal processes have decided that he council did nothing wrong.

They have indeed, but if SISU took civil action against the council there is a risk it would go in their favour, which would indirectly cost Wasps a huge amount of money.  That is what they refused to rule out from the sounds of that release.
VV, I apologise for my ignorance, does civil action make it more likely for SISU to win? If it does, how so?

Sent from my SM-A715F using Tapatalk


baldpaul101

  • Hero Member
  • *****
  • Posts: 1706
  • Wasps Rugby Fan
    • View Profile
Re: CCFC staying in Birmingham
« Reply #48 on: July 28, 2020, 11:28:04 AM »

Neils

  • Hero Member
  • *****
  • Posts: 14759
  • Wasps Rugby Fan
    • View Profile
Re: CCFC staying in Birmingham
« Reply #49 on: July 28, 2020, 11:30:23 AM »
http://rugbyandthelaw.com/2018/12/20/wasps-legal-troubles-coventry/

I found this explanation very helpful

Yes good info - I remember using it at the time.
Let me tell you something cucumber

AKWasp

  • Sr. Member
  • ****
  • Posts: 287
  • Wasps Rugby Fan
    • View Profile
Re: CCFC staying in Birmingham
« Reply #50 on: July 28, 2020, 12:08:52 PM »
http://rugbyandthelaw.com/2018/12/20/wasps-legal-troubles-coventry/

I found this explanation very helpful
Twitter had been giving me a lot of stress, this article has allayed a lot of fears- thank you for sharing

Vespula Vulgaris

  • Administrator
  • Hero Member
  • *****
  • Posts: 2992
    • View Profile
Re: CCFC staying in Birmingham
« Reply #51 on: July 28, 2020, 01:40:10 PM »
Quote
Have the Council acted disingenuously in the sale of the Ricoh to Wasps and the subsequent 250-year lease extension? (Commercially, the sale itself seemed sensible - The lease for a relatively modest fee seems a bit more suspect but I don't know enough about it to know whether it's normal to get such a lease in these scenarios)

My understanding is that multiple courts & legal processes have decided that he council did nothing wrong.

They have indeed, but if SISU took civil action against the council there is a risk it would go in their favour, which would indirectly cost Wasps a huge amount of money.  That is what they refused to rule out from the sounds of that release.
VV, I apologise for my ignorance, does civil action make it more likely for SISU to win? If it does, how so?

Sent from my SM-A715F using Tapatalk

I am far from an expert, but I seem to remember the burden of proof is different.

However any way you look at it there isn't a risk free way of being sued.
Please consider supporting the forum in 2022! Donate Here

MarleyWasp

  • Guest
Re: CCFC staying in Birmingham
« Reply #52 on: July 28, 2020, 02:01:49 PM »
The burden of proof for all civil proceedings is the balance of probability.

NellyWellyWaspy

  • Hero Member
  • *****
  • Posts: 4039
  • Getting older a couple of minutes every day
    • View Profile
Re: CCFC staying in Birmingham
« Reply #53 on: July 29, 2020, 10:03:59 AM »
I think that the statute of limitations (6 years) is due to expire in October on civil action. After that, they would have to apply to the court for special dispensation to even begin a case. I think we can expect to see a case filed at the last minute, and that is why they would not sign the deal. They have 8 or 9 weeks to do that.

NellyWellyWaspy

  • Hero Member
  • *****
  • Posts: 4039
  • Getting older a couple of minutes every day
    • View Profile
Re: CCFC staying in Birmingham
« Reply #54 on: July 29, 2020, 10:04:54 AM »
Although, I am not sure when the legal transfer took place. That might have been as late as November.

baldpaul101

  • Hero Member
  • *****
  • Posts: 1706
  • Wasps Rugby Fan
    • View Profile
Re: CCFC staying in Birmingham
« Reply #55 on: July 29, 2020, 10:13:58 AM »
Now all becomes clear. SISU have been planning the whole new stadium announcement, then the ending of Ricoh talks so they can launch a civil action....

Neils

  • Hero Member
  • *****
  • Posts: 14759
  • Wasps Rugby Fan
    • View Profile
Re: CCFC staying in Birmingham
« Reply #56 on: July 29, 2020, 10:44:20 AM »
I think that the statute of limitations (6 years) is due to expire in October on civil action. After that, they would have to apply to the court for special dispensation to even begin a case. I think we can expect to see a case filed at the last minute, and that is why they would not sign the deal. They have 8 or 9 weeks to do that.

Thanks for that. I couldn't remember the date but knew it was soon. It all begins to add up. I do wonder what has happened to the EU case which should have had a decision by now. I wonder if they know something that has not been made public.
Let me tell you something cucumber

Lwasp

  • Sr. Member
  • ****
  • Posts: 408
  • Wasps Rugby Fan
    • View Profile
Re: CCFC staying in Birmingham
« Reply #57 on: July 29, 2020, 11:41:30 AM »
Does anyone know the EC case number for the State Aid complaint? Have they even opened a case yet? The reason I ask is I cannot find one and I've scanned through the 1300 or so UK State Aid cases pre-2019.

Looked here:-

https://ec.europa.eu/competition/elojade/isef/index.cfm?policy_area_id=0


BG

  • Hero Member
  • *****
  • Posts: 1559
  • Wasps Rugby Fan
    • View Profile
Re: CCFC staying in Birmingham
« Reply #58 on: July 29, 2020, 12:46:44 PM »
I had a look for it last summer. Apparently  there is a preliminary (cursory) investigation to detemine whether a full investigation should take place and I presume that's when (or not) the case appears on their website

Apparently the preliminary investigation normally takes roughly 6 months. Its now approaching 17 months since the EU were made aware of the possible infraction by CCC.

There could be valid reasons for the lack information (The EU dragging their feet because its a UK case.. Covid )





 
« Last Edit: July 29, 2020, 12:55:18 PM by BG »

NellyWellyWaspy

  • Hero Member
  • *****
  • Posts: 4039
  • Getting older a couple of minutes every day
    • View Profile
Re: CCFC staying in Birmingham
« Reply #59 on: July 29, 2020, 02:56:30 PM »
I suspect that someone in the UK has asked the EU to delay announcing the decision not to proceed until late this year (or early next year), so we would by then have cut all ties with the EU, so they wash their hands of it, as it were, to see if SISU would delay the civil action. I think SISU have guessed the EU thing is not going to go their way, so have now started the ball rolling (internally) on the civil action.

And Joy bitches about why she gets so much hate poured at her on social media?

The people in power at Warwick University seriously need their heads examining. Or, in fact, anybody in Coventry willing to do business with SISU. Same goes for those in power at Birmingham City. They will come to rue the day they hopped in to bed with Joy.