FORUMS > Bradford Bulls > Season Tickets 2018 |
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| Quote: Bullnorthern "All the indications are that all the claims against the 3 respondents ( Green's company, the RFL and the new club ) will be heard at one Tribunal . Each respondent will be represented by a separate Rep ( a barrister for the RFL) .'"
It could also boil down to which two respondents throw the other under the bus.
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13747_1541715311.jpg [b:3g5rrn89](and I feel fine)[/b:3g5rrn89]:d7dc4b20b2c2dd7b76ac6eac29d5604e_13747.jpg |
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| Does anyone (who maybe knows a bit about the legal stuff here) think that the players actually have a case against the new company?
And if so, why? AC said at the forum that the new club was not even formed until after the date of the liquidation.
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1271.jpg Whenever you find yourself on the side of the majority, it is time to pause and reflect.
Mark Twain
Build Bridges NOT Walls:1271.jpg |
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| Quote: debaser "Does anyone (who maybe knows a bit about the legal stuff here) think that the players actually have a case against the new company?
And if so, why? AC said at the forum that the new club was not even formed until after the date of the liquidation.'"
Is that the date of the actual liquidation or the earlier time when we all thought the club had been liquidated, but it hadn't? Indeed, is that the whole reason why the new club is embroiled in this mess?
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| Does anyone know where or when the Employment Tribunals are being held?
AFAIK ET's are open to all members of the public, so we could just turn up and actually hear (something near) the truth?
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| Quote: Bulliac "Is that the date of the actual liquidation or the earlier time when we all thought the club had been liquidated, but it hadn't? Indeed, is that the whole reason why the new club is embroiled in this mess?'"
Is the fact that the 12 pt deduction was against the old company and therefore how can the new company be penalised for a Company that has been liquidated ?
My understanding is that it cannot be held responsible for any debt or expenses of the Club (business) which was liquidated legally by the Administrator. If you read the administrators report (page 5) a better picture emerges and the RFL has much to explain?
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| Quote: Smack him Jimmy "Does anyone know where or when the Employment Tribunals are being held?
AFAIK ET's are open to all members of the public, so we could just turn up and actually hear (something near) the truth?'"
I think the case will be heard in Leeds . The Tribunal courts are at City Exchange House on Albion Street - 5 minutes walk from the railway station.
It may be heard by a judge sitting on his/ her own or there may be a panel. That would be a judge and 2 lay members.
You are correct -most cases are open to the public. However any party can apply to the Judge to have the court " closed"to the public. The permissible reasons are pretty restricted.
I would imagine space will be tight. Four legal teams together with three respondents ( probably more than one person in each set) and the claimants( not all the 40 plus will be there) . And who knows how many witnesses will be listed to give evidence.
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| Quote: Rarebreed "Is the fact that the 12 pt deduction was against the old company and therefore how can the new company be penalised for a Company that has been liquidated ?
My understanding is that it cannot be held responsible for any debt or expenses of the Club (business) which was liquidated legally by the Administrator. If you read the administrators report (page 5) a better picture emerges and the RFL has much to explain?'"
AS you say, the whole nub of the argument is that the 'new' company had the points deduction, were kept in the same league and had a funding deduction. These were the penalties that would have been given to the company had it been bought from the Administrator. Therefore the argument is that the new club is in fact the old club and is therefore liable. I liken the argument to buying a shop where the previous owners have gone bust. If you were to buy this shop you would not be expected to take up any of the debts of the previous owners even if the shop you open sells the same products that the old shop sold.
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| The difference being here though is the court case will be based on employment law and what legally can be done. The punishment handed down to new co was set by the RFL to keep everyone happy, hardly legally binding, just take it or leave it
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| Quote: Bets'y Bulls "The difference being here though is the court case will be based on employment law and what legally can be done. The punishment handed down to new co was set by the RFL to keep everyone happy, hardly legally binding, just take it or leave it'"
But the employment tribunal will have to answer the question as to whether the current club are the old co or new co. That is why it is not just the new co that are going to the tribunal but also the RFL. The Administrator could also have input. It did seem that every option forwarded by the Administrator was rejected by the RFL. It could be seen that the RFL were steering the situation towards liquidation with a view to then being able to rip up existing contracts.
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| so if the employment tribunal rule we are in effect the old co after admin, not a new co after liquidation...do we get some points back?
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| This seems to be where the RFL have not answered the questions that have been asked all season namely "If this is in effect a new team how can you start them in the Championship with -12 points". It seems like an argument we have been dragged into through no fault of our own.
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1271.jpg Whenever you find yourself on the side of the majority, it is time to pause and reflect.
Mark Twain
Build Bridges NOT Walls:1271.jpg |
Moderator
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| Quote: Duckman "so if the employment tribunal rule we are in effect the old co after admin, not a new co after liquidation...do we get some points back?
I'd suggest not.
It was the 'old co' which went into receivership and which was deducted the 12 points - we were stuck with the deduction after liquidation because the 'new co', ie ChaLow, accepted that condition on taking up a league place. I'd like to think questions might be asked of the RFL with, "no comment", not being an acceptable answer.
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| Quote: Bulliac "I'd suggest not.
It was the 'old co' which went into receivership and which was deducted the 12 points - we were stuck with the deduction after liquidation because the 'new co', ie ChaLow, accepted that condition on taking up a league place. I'd like to think questions might be asked of the RFL with, "no comment", not being an acceptable answer.'"
Questions need to be asked of the RFL and the new owner's as to why they would accept starting a new business with all those trade restrictions against them. Clarification from the Administrator may bring up some light to this subject. Let us hope so.
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| Quote: Rarebreed "Questions need to be asked of the RFL and the new owner's as to why they would accept starting a new business with all those trade restrictions against them. Clarification from the Administrator may bring up some light to this subject. Let us hope so.'"
One word comes to mind
[sizeSkullduggery[/size
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"Everybody is a genius. But if you judge a fish by its ability to climb a tree, it will live its whole life believing that it is stupid."― Albert Einstein[/size:112mouem] [/color:112mouem][/b:112mouem]
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| Quote: rugbyreddog "But the employment tribunal will have to answer the question as to whether the current club are the old co or new co. That is why it is not just the new co that are going to the tribunal but also the RFL. The Administrator could also have input. It did seem that every option forwarded by the Administrator was rejected by the RFL. It could be seen that the RFL were steering the situation towards liquidation with a view to then being able to rip up existing contracts.'"
If there were no case to answer then it would just be a case of checking the relevant paperwork and it not getting anywhere near this far in regards to the new company. The fact that the RFL tried to get the case thrown out on a technicality kind of suggests that they are in it up to their eyeballs and it was already said that the court will not look favourably on them after what was basically described as a pretty low attempt. After this some of the pieces should start fitting in to the jigsaw although it will be the fans that are left to rep what someone else has sown once again.
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