Ruling On Latest Fat Mike Court Case – Still Waiting...

ald

Well-Known Member
Great post.
I was wondering how much would be good to pay to escape SD forever.
I can’t put a figure on it to be honest, I’d just hope whatever it costs doesn’t have to come out of the club in one payment.
Can we appeal?
If the judge as granted the divorce, is that it, done and irreversible?
Would it be wise to challenge the settlement?
If it has settled then it will be on an agreed basis between the parties. The court would approve it but only in the sense of approving the disposal of the court proceedings - the court won’t second guess or interfere in the commercial terms of any settlement. So against that background we wouldn’t challenge the settlement because we will have agreed to it.

If there hasn’t been a settlement but instead a lousy judgment against us then yes we could potentially appeal - but generally the prospects of success on appeal are pretty low and the cost of appealing is very significant.
 

Marty101

Well-Known Member
I think we’ll lose but I don’t think the big figures being speculated on are very likely.

There is a cap on damages and I think it will likely be given effect to. The passages in the earlier judgments saying that the cap didn’t provide adequate compensation were about whether interim injunction should be granted, not about whether the cap was effective. In principle parties can agree a cap on damages and a court should give effect to that.

If the cap is challenged it would be on the wording rather than on the principle - any ambiguity might allow an argument that a certain part or parts of the damages claim wasn’t covered by the cap provision. There was a hint of that sort of argument in one of the earlier decisions, so you never know, but I think there’s a reasonably good chance the cap will be given effect to. I hope I am not letting wishful thinking get the better of me on that.

I think the problem is it is not a case of just paying the damages and getting let out of the contract. We would pay the damages and still be stuck with the obligations under the contract, and the injunctions and earlier finding that we had entered a new contract with SDI in July last year.

We are likely also in breach of that new contract, although that new contract would also have the damages cap clause.

I don’t think the frothing at the mouth from the usual places about damages awards big enough to cause us actual immediate financial difficulty have much basis therefore.

I think the issue here is more that there is likely to be a drip-drip of these actions indefinitely in the future if we don’t sort something out, as the contracts roll on. We could well also find ourselves fenced in by future interdict actions so we are stuck with SDI again in the future.

If we have managed to reach a settlement that ends this altogether then that would be tremendous - but even then we should probably be careful, SDI seem to be past masters at creating settlements that have hidden man-traps in them.
 

BrownBrogues

Well-Known Member
What do you think the decision is ? Heard anything ?
No, and I don’t believe anyone does. if it’s reserved for written Judgement then I don’t believe anyone will be aware of what will be in his decision. But I can’t see him forcing the two parties to continue to work together. I suspect we will be due to pay the contract breach cap of £1M plus the Costs and some other losses, but I also believe SD will be in breach for failing to release the funds due under the deal to end the 7 year notice contract. When one is off set against the other I think the whole thing may cost us £2-3M. But purely just my opinion based on sitting in on Civil Court cases preciously.
 

Dempster

Well-Known Member
No, and I don’t believe anyone does. if it’s reserved for written Judgement then I don’t believe anyone will be aware of what will be in his decision. But I can’t see him forcing the two parties to continue to work together. I suspect we will be due to pay the contract breach cap of £1M plus the Costs and some other losses, but I also believe SD will be in breach for failing to release the funds due under the deal to end the 7 year notice contract. When one is off set against the other I think the whole thing may cost us £2-3M. But purely just my opinion based on sitting in on Civil Court cases preciously.
That’s sounding like very much common sense to me .
 
Was up today and mega store was closed, around half 1 - 2 o'clock. Couple folk hanging about looking to buy kit so directed them to st enoch and advised the mega store has been Ashley's for years. I was scratching my head as to how some of our support could be unaware of the situation!
Big difference in the paneling being changed, looks good.
Scaffolding is up within the copland i imagine for the roof cladding.
 
No, and I don’t believe anyone does. if it’s reserved for written Judgement then I don’t believe anyone will be aware of what will be in his decision. But I can’t see him forcing the two parties to continue to work together. I suspect we will be due to pay the contract breach cap of £1M plus the Costs and some other losses, but I also believe SD will be in breach for failing to release the funds due under the deal to end the 7 year notice contract. When one is off set against the other I think the whole thing may cost us £2-3M. But purely just my opinion based on sitting in on Civil Court cases preciously.
The judgement was made at the last hearing.

Both parties will almost certainly have been notified. It has just not been made public.
 

BrownBrogues

Well-Known Member
The judge stated his judgement had been made. It just hadn't been made public.
Yes but he has reserved his decision for it to be in writing. CPR 40 (Court Procedural Rule) 1.1

“This Practice Direction applies to all reserved judgments which the court intends to hand down in writing”. Which is what he has applied he is not obligated to tell anyone anything.
 

Sebrof61

Well-Known Member
Official Ticketer
No, and I don’t believe anyone does. if it’s reserved for written Judgement then I don’t believe anyone will be aware of what will be in his decision. But I can’t see him forcing the two parties to continue to work together. I suspect we will be due to pay the contract breach cap of £1M plus the Costs and some other losses, but I also believe SD will be in breach for failing to release the funds due under the deal to end the 7 year notice contract. When one is off set against the other I think the whole thing may cost us £2-3M. But purely just my opinion based on sitting in on Civil Court cases preciously.
B B how long is left on the deal Ashley
 

joseph

Well-Known Member
Official Ticketer
No, and I don’t believe anyone does. if it’s reserved for written Judgement then I don’t believe anyone will be aware of what will be in his decision. But I can’t see him forcing the two parties to continue to work together. I suspect we will be due to pay the contract breach cap of £1M plus the Costs and some other losses, but I also believe SD will be in breach for failing to release the funds due under the deal to end the 7 year notice contract. When one is off set against the other I think the whole thing may cost us £2-3M. But purely just my opinion based on sitting in on Civil Court cases preciously.
Some common sense in this post
 

tazzabear

Well-Known Member
No, and I don’t believe anyone does. if it’s reserved for written Judgement then I don’t believe anyone will be aware of what will be in his decision. But I can’t see him forcing the two parties to continue to work together. I suspect we will be due to pay the contract breach cap of £1M plus the Costs and some other losses, but I also believe SD will be in breach for failing to release the funds due under the deal to end the 7 year notice contract. When one is off set against the other I think the whole thing may cost us £2-3M. But purely just my opinion based on sitting in on Civil Court cases preciously.
That's got to be a price worth paying,
 

BrownBrogues

Well-Known Member
B B how long is left on the deal Ashley
Currently there is no deal, his argument is he got matching rights for 2 years, we accept we breached that deal, that deal is dead and we were told to get on with forming a new deal. But.. Ashley argued at the end of two years they would have right to match again indefinitely but a Judge has already shot that down. Now we are at a stage of whether a Judge decides Rangers pay some form of compensation and the parties go their own way or he is going to make Rangers give Ashley his two years, but I doubt Sports Direct see any value in that as Hummel refuse to send them stock.. they asked the Court to ask Rangers to do what they could to make Hummel send them stock and the Court erupted in to laughter at that request as it was desperate and not something a Judge could force Rangers to do.. so what worth would a 2 year deal be with nothing to sell?
 

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