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Pay Boro/Wycombe vs Liquidation/Phoenix club?


Red Ram

Pay Boro/Wycombe vs Liquidation/Phoenix club?  

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1 hour ago, TomG said:

Pay Boro and Wycombe for what exactly?  The claims are all supposition!

Perhaps the claim is this:

- the league is a contract between the EFL and the clubs

- Derby are in breach of contract because they broke the rules of the FFP game

- so other clubs are entitled to sue them if they suffer damage as a result 

there could be other ways of formulating the claim (eg conspiracy between MM and dcfc) 

These are not claims that will ever win imho but there’s enough in it to bugger up our exit from administration. It’s been dreamt up by Couhig I’d think. It’s further evidence that the US legal system is the worst in the world and that many successful US lawyers are in fact pond life

BUT for fans to say they’d rather drop out of the league than hold our noses and do a deal ... I don’t get it   Anyway, those fans will be ignored  The problem however is that Gibson is refusing to do a deal that reflects the weakness of his claim because he is on a mission to ... oh, push us out of the league 

 

 

 

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2 minutes ago, kevinhectoring said:

Perhaps the claim is this:

- the league is a contract between the EFL and the clubs

- Derby are in breach of contract because they broke the rules of the FFP game

- so other clubs are entitled to sue them if they suffer damage as a result 

there could be other ways of formulating the claim (eg conspiracy between MM and dcfc) 

These are not claims that will ever win imho but there’s enough in it to bugger up our exit from administration. It’s been dreamt up by Couhig I’d think. It’s further evidence that the US legal system is the worst in the world and that many successful US lawyers are in fact pond life

BUT for fans to say they’d rather drop out of the league than hold our noses and do a deal ... I don’t get it   Anyway, those fans will be ignored  The problem however is that Gibson is refusing to do a deal that reflects the weakness of his claim because he is on a mission to ... oh, push us out of the league 

 

 

 

You're right of course but hypothetically it's nicer to say on internet forums that we'll never give in, never surrender, we will fight them in the beaches, we will fight them on the recreation grounds etc etc.

But the administrators have duty to creditors and money will be the ultimate arbiter of how things go.

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13 minutes ago, kevinhectoring said:

Perhaps the claim is this:

- the league is a contract between the EFL and the clubs

- Derby are in breach of contract because they broke the rules of the FFP game

- so other clubs are entitled to sue them if they suffer damage as a result 

there could be other ways of formulating the claim (eg conspiracy between MM and dcfc) 

These are not claims that will ever win imho but there’s enough in it to bugger up our exit from administration. It’s been dreamt up by Couhig I’d think. It’s further evidence that the US legal system is the worst in the world and that many successful US lawyers are in fact pond life

BUT for fans to say they’d rather drop out of the league than hold our noses and do a deal ... I don’t get it   Anyway, those fans will be ignored  The problem however is that Gibson is refusing to do a deal that reflects the weakness of his claim because he is on a mission to ... oh, push us out of the league 

 

 

 

If Derby have breached the contract between them and the EFL (which we haven't) , then it is for the EFL to pursue us (which they have) and nothing to do with Boro or Wycombe.  

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Shouldn’t the Administrators be saying loudly that If these claims continue Derby county will have start legal proceedings against the most obvious one QPR for the same reason ( and a much better case) - I know I don’t want that to happen but I would like to hear QPR viewpoint not to mention the EFL 

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10 minutes ago, PistoldPete said:

If Derby have breached the contract between them and the EFL (which we haven't) , then it is for the EFL to pursue us (which they have) and nothing to do with Boro or Wycombe.  

But

1 there is evidence we have breached it a £100k fine and an agreed decision of -9 points. (You might argue it’s wrong to classify that as a breach of contract of course)

2 they will say it’s not a contract between EFL and us. It’s a contract between the EFL and all of the clubs. And (here’s the problem) there’s nothing in that contract that says clubs can’t sue each other. Worse, there’s something in it that says how it should be done (ie arbitration) 

I don’t think they’ll win, don’t get me wrong. I’m saying this is why the admins can’t ignore the claim 

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Gibson doesn't have a leg to stand on with his obserb claims and figures which he's picked out of thin air. Wycombe need to take out any grivements with the EFL as they are the ones who choose to hit us with a points penalty this season as opposed to last season.

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Neither.

Tell them to swivel and sue the EFL if they side with the two other clubs and stop us coming out of Administration on the basis of a contrived claim that hasn't even been tested in front of an Arbitration panel.

I might as well claim against  the pair of them for damages arising from stress and mental injury brought about by all this crap. As a claim, it would have as much credibility.

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10 minutes ago, Ram1988 said:

Gibson doesn't have a leg to stand on with his obserb claims and figures which he's picked out of thin air. Wycombe need to take out any grivements with the EFL as they are the ones who choose to hit us with a points penalty this season as opposed to last season.

Cant understand this clubs sueing each other, efl docking points off clubs, clubs going into liquidation. Every season the parachute clubs going up then coming back down relegated clubs with points deducted and the same rich clubs winning the prem every year. Soon there will be no enjoyment in going to watch football. Dont all the people in charge realise they are killing the golden goose.

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1 hour ago, PistoldPete said:

What is a significant amount of money? Both claims are wildly inflated so I cannot imagine anyone being willing to pay the full amount, especially as the consensus is that the claims are without merit.

In this case 1 p is significant as far as I’m concerned

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1 hour ago, kevinhectoring said:

But

1 there is evidence we have breached it a £100k fine and an agreed decision of -9 points. (You might argue it’s wrong to classify that as a breach of contract of course)

2 they will say it’s not a contract between EFL and us. It’s a contract between the EFL and all of the clubs. And (here’s the problem) there’s nothing in that contract that says clubs can’t sue each other. Worse, there’s something in it that says how it should be done (ie arbitration) 

I don’t think they’ll win, don’t get me wrong. I’m saying this is why the admins can’t ignore the claim 

1) The first was highly dubious, and is not a precedent. Boro would have to prove we breached any rule on the depreciation issue. The points deduction depended on the  first alleged breach and was only an agreed penalty to try and get the thing over with. 

2) Clubs can have disputes between themselves. If we sign a player from Boro and we don't pay them they can sue us. If we arrange a match and don't turn up then they can sue us. But they can't sue us on a matter where there is no contract between us and not a matter that has already been decided with an appropriate penalty given by the EFL .  

And to be honest that is by no means the only problem that Boro will have with their claim. 

 

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9 minutes ago, PistoldPete said:

2) Clubs can have disputes between themselves. If we sign a player from Boro and we don't pay them they can sue us. If we arrange a match and don't turn up then they can sue us. But they can't sue us on a matter where there is no contract between us and not a matter that has already been decided with an appropriate penalty given by the EFL .  

And to be honest that is by no means the only problem that Boro will have with their claim. 

 

Out of interest why do you think there has to be some form of contract to be in place for a business to be able to sue another business

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