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Alan Nixon Breaks Silence on American Billionaire Bid


Kernow

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20 minutes ago, kevinhectoring said:

arbitration might be worse for us than a court process

Several on here have asked why the EFL doesn't stop Boro and Wycombe. No one has pointed to anything in the rules that enables them to do that. That said, I would think the EFL is putting pressure on both of them to reach a sensible compromise  

The EFL probably are putting pressure on, to some extent.  But they are also limited in what they can do in the sense that they cannot actually stop one club making a claim against another nor from taking legal action.  And any compromise inevitably ends up with us (or the new owners) paying some money to the two to make them go away, on the basis that they're unlikely to settle for nothing.  Why would they?  It's no skin off their noses that our change of ownership is delayed.

Unfortunately the claims show no public signs of going away.  I think we have three options - 1) we get Rooney's media contacts to start a public shame campaign 2) the Administrators negotiate or facilitate a deal with the two plus the preferred buyer, effectively treating them as creditors without the title so they get paid when the takeover happens 3) the preferred buyers accept the possible liability as part of the deal and insure against it (if they can) or play their own game of 'see you in court'. No takeover ever happens without there being any problems to sort out. 

I wonder if today's story is a result of option 3) with the preferred buyers more confident of their ability to win?  If I were the buyers I would be champing at the bit to get the deal done whilst there is still a chance of us staying up and when results have been going well.

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1 hour ago, Miggins said:

If this is so, then the question is, whose interests has he at heart? I know all about what he has done in the past but I would love to believe that going forwards he has our interests foremost as he is a Derby fan, locally born and has invested heavily in the club in the past. I would hate to think that he sees us now simply with the cold, glinting eyes of a business man and couldn't give a poo as to our future. I wouldn't have put him down as that kind of man.

As David has said, perhaps we have to wait for the book to come out in the future in order for us to know all the minutiae involved and explain what currently seems inexplicable. But if he is still has any kind of influence I really hope that his intentions are in our best interests.

 

I believe he wants this to go full circle and To have some sort of redemption in the future this is what has been signalled to me

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48 minutes ago, kevinhectoring said:

arbitration might be worse for us than a court process

Several on here have asked why the EFL doesn't stop Boro and Wycombe. No one has pointed to anything in the rules that enables them to do that. That said, I would think the EFL is putting pressure on both of them to reach a sensible compromise  

What do you call a sensible compromise Boro want about £45 million compo and we probably would pay them about half a million for loss of gate receipts for the play off semi final so we are miles away.

And anyway a compromise would indicate an admission of guilt from us.

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If these claims do go to Arbitration, whether a LAP as per EFL rules or via the English Courts, the attempts the parties have made to settle the dispute by other means SHOULD have an influence. 

IF the Administrators have genuinely been trying to reach a "no blame" settlement with the two clubs, but have been rebuffed unreasonably, that ought to count in Derby's favour if the tribunal decides that the two claimants have rejected reasonable offers. The Courts nowadays take a dim view of litigants who refuse alternative dispute resolution, such as mediation and I would hope that principle would apply in this case. 

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1 hour ago, kevinhectoring said:

arbitration might be worse for us than a court process

Several on here have asked why the EFL doesn't stop Boro and Wycombe. No one has pointed to anything in the rules that enables them to do that. That said, I would think the EFL is putting pressure on both of them to reach a sensible compromise  

There are several ways that EFL could bring this to a stop.

One aspect of it is that Boro and Wycombe are trying to muscle in as fake creditors... and even worse as creditors ranking above genuine creditors such as HMRC,  and trade creditors. Such actions, for that and other reasons  bring football into disrepute, so EFL could charge them both under that rule. And charge Wycombe for some of the comments made by their Charirman about Derby and their fans. 

The Sun article hints that Derby could issue a counterclaim against Boro and Wycombe, but really it shouldn't be up to the club to do that , the EFL has power to bring actions against these clubs themselves.   

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31 minutes ago, Crewton said:

If these claims do go to Arbitration, whether a LAP as per EFL rules or via the English Courts, the attempts the parties have made to settle the dispute by other means SHOULD have an influence. 

IF the Administrators have genuinely been trying to reach a "no blame" settlement with the two clubs, but have been rebuffed unreasonably, that ought to count in Derby's favour if the tribunal decides that the two claimants have rejected reasonable offers. The Courts nowadays take a dim view of litigants who refuse alternative dispute resolution, such as mediation and I would hope that principle would apply in this case. 

I was thinking this too.

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42 minutes ago, Tyler Durden said:

What do you call a sensible compromise Boro want about £45 million compo and we probably would pay them about half a million for loss of gate receipts for the play off semi final so we are miles away.

And anyway a compromise would indicate an admission of guilt from us.

Yes no reason why we should pay them for them missing out on a play off place... we might pay them £100k or so to save on legal fees otherwise they can do one.  Even some of their own fans accept that was Pulis fault, he was sacked even before the play off final. As for Wycombe's claim that is even more ridiculous.

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57 minutes ago, Tyler Durden said:

The only positive is that Mel Morris isn't in charge if it did end up in court.

With his track record would mean we would surely lose. 

Well actually the two times EFL tried to deduct points off us when Morris was in charge they failed both times. It was only when the admin team took over that they gave in without a fight. 

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3 minutes ago, PistoldPete said:

Well actually the two times EFL tried to deduct points off us when Morris was in charge they failed both times. It was only when the admin team took over that they gave in without a fight. 

Ignore me was being facetious. Was alluding more to the tribunal cases.

I need to get my 5 a day jibes in at Morris, my voodoo doll has run out of places to stick pins. 

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Have Wycombe actually sued us? I just thought they put a “bill” in for £6m in attempt to become creditor.

Assume the suing bit needs some formal application to court of some kind.

Their 6M invoice has cost them nothing so far but they will be feeling real costs if it goes legal and presumably would only do this if legal advice says it has a good chance.

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18 minutes ago, Tyler Durden said:

Ignore me was being facetious. Was alluding more to the tribunal cases.

I need to get my 5 a day jibes in at Morris, my voodoo doll has run out of places to stick pins. 

Wel that's true his record on employment cases wasn't so hot. But the Keogh one was a kanagroo court.

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6 hours ago, i-Ram said:

All Nixon speculation obviously, and I note everybody remains fixated on Boro and Wycombe, but Morris also wants £20m to let ‘his’ stadium go to the new owners. ‘One of our own’ my arse. Suck it up Morris. Your mismanagement put us in this doodah and still you can’t walk away without trying to recover monies that would be better earmarked to ensure first the survival, and then the regeneration, of the Club.

Tbf tho, knocking down an 80m stadium to 20m is DFS sale proportions.... 

Will he do a "nothing to pay until 2023" deal on easy interest free terms? ?

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9 minutes ago, Dean (hick) Saunders said:

Have Wycombe actually sued us? I just thought they put a “bill” in for £6m in attempt to become creditor.

Assume the suing bit needs some formal application to court of some kind.

Their 6M invoice has cost them nothing so far but they will be feeling real costs if it goes legal and presumably would only do this if legal advice says it has a good chance.

Yeah, I think both clubs have simply submitted a claim as if they are owed a genuine debt. As others have said before, it's a try on, an attempt to force the Administrators to pay them "FRO" money now. That's not to say they won't pursue a formal dispute if the Administrators don't offer them enough to go away, but initially it's opportunistic and tantamount to blackmail. 

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1 hour ago, Addingham Ram said:

How can the EFL suggest there is any possible compromise? Wouldn't any such compromise theoretically set some kind of precedent, and require us to admit that we knew we were acting outwith the rules AT THE TIME, when it has been pointed out by others many times that the EFL had already signed off our accounts. It was later that they changed their minds.

 

Compromise suggests that there were grounds for complaint.

Edited by Miggins
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