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The Administration Thread


Boycie

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17 minutes ago, Wolfie20 said:

So the person who put my Club in this horrid situation would be represented together with the company he appears to be in hock to, as well as the 2 parasite clubs, the taxman and a prospective buyer who may or may not eventually have a vested interest in the future of Derby County.

My concern is who represents the Club and its fans? Don't for one moment think it's the administrators - their brief is to maximise monies to the creditors and saving Derby County, whilst preferable, won't be their prime concern. We desperately need someone of influence to fight our corner - someone who won't be bullied - someone like Margaret Beckett?

I don’t think for one minute Mel Morris or MSD would attend a meeting that is not relevant to them and it’s not relevant either to any of the potential bidders, Gibson wanted to know about all of these in his pathetic Middlesbrough statement because he wants to pressure them for money in different ways and currently he can’t - it absolutely does look like the EFL is being run by him - it’s frankly disgraceful 

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18 minutes ago, Brailsford Ram said:

Q has had this advice for weeks now, Having given their advice, counsel will be ready to go to court diligently. Their arguments will all have been laid out in the advice document and will have taken account of all relevant stated cases to support it. In my working life I worked closely on many occasions with senior counsel.

I have much confidence in the abilities of counsel and the findings of the judiciary.

I have absolutely no confidence whatsoever in the competence of the EFL. What is more is that I want to start sleeping properly at night and that luxury can't come soon enough. We simply have to go on the front foot following today's invitation from the EFL.

Spot on Brailsford

There's been enough contradictive comments/statements to come from the EFL that Q would have a file on it, Their brief will have the said info to mount a solid attack, Meanwhile those at the EFL and their brief will be countering our attack with plans of Morecombs Ground.

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Just now, Gritstone Ram said:

Even if the ruling is against us at least we’ll know the cost. Civil Courts are based upon probability rather than reasonable doubt. That could be a sticky one though.

I am very comfortable that the balance of probabilities given the fantasy football claim falls firmly in our favour rather than beyond reasonable doubt which is the threshold in the criminal courts.

Balance of probabilities can be as narrow as 51-49 percent. Beyond reasonable doubt as high as 95%+. I was very successful on beyond reasoable doubt so the balance of probabilities sits nicely with me for DCFC in this case. Fingers crossed.

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1 hour ago, Jimbo Ram said:

EFL are saying only arbitration or the High Court can decide if we owe the two chancers as I understand it, along with the usual need to get everyone around the table……

What I really want to know is - does anyone involved even want a table in the room? Maybe that’s the sticking point. 

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58 minutes ago, Maharan said:

Absolutely agree. They aren’t saying they should be paid, just that if the claims are upheld by whatever method, then they would be classed as football creditors. 
 

I agree by they that if should be football creditors, IF, and it’s a massive IF, the claims were valid. 
 

one point I found interesting is that the statement says that the process commenced in January 2021, before the club went into administration. I think that’s a pertinent point. 

It's interesting they give the start date of Middlesbrough's action, but not Wycombes.

 

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6 minutes ago, winktheram said:

Reading the statement again it's quite clear there are 3 ways out. It's in the statement. 1. High Court or 2. Arbitration. to make a judgement on the merits of the claims. 

Interesting though the current invite from the EFL is to 3. 'Mediate' with all parties around the table. Which does well and truly nails their colours to the mast, as the expectation would be everyone gets a bit of the pie, and the inference Mel/MSD give up some in favour of Boro/WWs unproven claims. 

We have to point a big finger at Q though. Why haven't they either done 1. High Court or 2. Arbitration, it'll cost but its much, much less than the claims, and if they are sure they will win the argument, it sorts it out once and for all and potentially the cost are paid by the other side. What the feck have they been doing, take the parasites to arbitration/Court ffs? 

Reading the statement I think the admins couldnt go to court until they had clarity on the EFLs position which they now have

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15 minutes ago, DCFC1388 said:

I think a key part to the statement is -

the EFL has provided a further clear statement to Quantuma of its position on the application of the Insolvency Policy, so as to enable them to apply to the High Court or engage in Arbitration to have that issue determined

That to me reads like for Quantuma to take it to court/arbitration they needed full clarity on the EFLs position which they now have. Previously the EFL kept saying they wouldnt/couldnt get involved.

Yes. Actually you make a great point. As this is followed by 'we'd like to invite everyone to mediation' Could imply by that the  EFL don't want us to go to court, but they have clarified things to allow us to. If Q come out and say, 'great, we'll see you in court then' this will move things on tremendously. And they would have every Derby fan right behind them. 

Edited by winktheram
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11 minutes ago, PistoldPete said:

The administrators are just fulflling their statutory duty to the genuine creditors ,.. to act in their interests. Insolvency law protects them from being pursued by Boro or Wycombe,   incurring time and money and (small possibility) losing the claims.

In the meantime the claims can be compressed .. which is also something EFL do not like.

 

But that is the law. EFL is not above the law but they would like to think they are.  
 

Surely the actual law overrides EFL rules doesn’t it ??

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6 hours ago, jono said:

The problems that put us where we are maybe of our own making ……but the biggest problems we now face (present tense) stem entirely from the EFL failing as the governing body to resolve the farce that is the WW/Boro claim. That we are still talking about this, months on, is a clear illustration of this. The EFL is like judge in a high profile court case mumbling to defence and prosecution that he isn’t sure what to do. They don’t know their own laws, are incapable of taking definitive action and bluntly are just looking after themselves. They wring their hands in public and get back to their trough when out of sight. Useless and dangerous. 

They do know what they’re doing - they are being forced by Gibson otherwise he’ll sue them and reveal to the public their dirty washing.

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5 minutes ago, Brailsford Ram said:

I am very comfortable that the balance of probabilities given the fantasy football claim falls firmly in our favour rather than beyond reasonable doubt which is the threshold in the criminal courts.

Balance of probabilities can be as narrow as 51-49 percent. Beyond reasonable doubt as high as 95%+. I was very successful on beyond reasoable doubt so the balance of probabilities sits nicely with me for DCFC in this case. Fingers crossed.

If it ever gets taken to court.

I just don't understand why the Administrators are not (yet) going down that route.

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