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The Administration Thread


Boycie

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1 hour ago, Animal is a Ram said:

In particular - this bit stuck out:

Get everyone in one room, and get on with it. A month too late.

Also, this:

So, does this mean that EFL policy, outdated though it may be, trumps insolvency legislation? Feels a pretty dangerous line for the EFL to tread, in my (albeit unqualified) opinion...

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?

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18 minutes ago, StrawHillRam said:

Do we think Quantuma are capable of getting this sorted through the high court legal process? I guess they need to appoint a top legal firm. So do just that please post haste 

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.

Edited by Guest
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Just now, WharfedaleRam said:

We need a court injunction to prevent the EFL from carrying out pre-emptive action to kick us out of the league. Then we take the parasites' cases to court and get them shown up for what they are. A PB is immediately aware what the club will cost, debts can be paid, the club comes out of administration and the restrictions are relaxed. In the meantime, the EFL are disbanded and Boro miss out on promotion (again) thus putting them into a significant risk of failing FFP and starting next season on - points. Simples!

That is one possibility. the threat from EFL was implied before, now it is real.. in order to protect the parasitical ambulance chasers they are prepared to kick us out of the League and have now explicitly made that threat real.

Well two can play at that game. 

 

 

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6 minutes ago, Rambalin said:

Hope and expect the Admins to issue a statement saying they are starting the legal process and have  applied to the court has they said they have the right to be given a preferential slot. 

The EFL I think are counting on them not doing this despite their words

Come on Quantuma get on with it

 better call Saul

Edited by StrawHillRam
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3 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.

I also assume this is going to more like getting an injunction or a quick ruling on a point of law. It’s not going to be some massive multi-week trial thing, with witnesses and juries or anything.

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3 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.

My understanding of what Q were saying on sunday was that they asked EFL to explain why they thought they couldnt use insolvecncy legislation and hadn't had a reply. The EFL statement suggest they may have now replied.. not that I believe anything the EFL ever say.

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Just now, duncanjwitham said:

I also assume this is going to more like getting an injunction or a quick ruling on a point of law. It’s not going to be some massive multi-week trial thing, with witnesses and juries or anything.

If this is fast tracked as promised then the hearing will come quite quickly and may be done in a day, two at most hopefully. It is not a trial, merely a hearing of legal arguments. The decision could come very quickly if it is clear cut or it may be a few days before it is announced.

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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.

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2 minutes ago, Brailsford Ram said:

If this is fast tracked as promised then the hearing will come quite quickly and may be done in a day, two at most hopefully. It is not a trial, merely a hearing of legal arguments. The decision could come very quickly if it is clear cut or it may be a few days before it is announced.

Hopefully High Court judges are in to Polo or fives and the chances of him/ her being a Boro/ Wycombe fan are minuscule. Not that I am suggesting impropriety M’Lud.

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1 hour ago, Tyler Durden said:

Who would rule though that we do owe Boro and Wycombe money?

That's the bit I can't grasp. And why haven't we got to that point yet if we are so confident that their claims are spurious. 

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.  
 

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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? 

Edited by winktheram
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37 minutes ago, Brailsford Ram said:

The EFL statement has invited Q and all other parties to mediation or for Q to seek address of the disparate issues at arbitration or in the High Court.

Q has previously stated that advice from three sets of counsel all agree that they will defeat the claims of MFC and WW. If the outcome does fall in our favour as advised, it also removes the argument about preferential creditors because MFC and WW disappear as potential creditors. There seems little confidence of mediation being successful o our part given the intransigence of the EFL in this matter. 

With every day that passes in this process the fees due to Q increase. Please let us go to arbitration or court asap to bring this impasse to an end. If the claims of MFC and WW are found in their favour then we are on the brink of liquidation. But if the claims are removed as per the advice of Q's counsel then the road to exit from administration with a takeover opens up to us. So let the legal submissions begin and take it out of the EFL's hands.

It's poo or bust time for us so bring it on.

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.

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37 minutes ago, i-Ram said:

I am going to stay off here for a few hours. I have had a drink or too. Fwiw, after consuming a bottle of wine, I don’t think this statement is a great problem. The EFL has unequivocally nailed their colours to the door. Imo they are letting the world know, well Q, the Government and HMRC specifically, that their rules are more important than Statute. I can’t see how this is a battle they can win. Perhaps they know that too, but have as I thought they were a few weeks, backed themselves so far into a corner that they can’t escape (despite their mealy mouthed comments regarding facilitating a meeting to bring all parties together). Whilst I am not going to excuse Q from not informing Rooney properly regarding the sale of Kellyman, l do now think his sale is behind getting enough funds together to fight this matter in the High Court.

I look forward to reading other views much later this evening.

My exact thoughts today after the latest players to be sold, Q have funds ready to take to court now

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