Quote Bulliac="Bulliac"Well, yeah, my musings weren't exactly intended as a legal report to be honest FA and when I put appeal I was really thinking about after the conclusion of the original case - as it was clearly not going our way, at least if we are to believe the leaked preliminary report, so if we [iwere[/i to win I would have expected it to be after an appeal. '"
Sorry, I wasn't having a go!
the preliminary issue wasn't leaked, it's a matter of public record:
[url=http://www.bailii.org/ew/cases/EWHC/QB/2005/1591.htmlLeeds Rugby Ltd v Harris and another[/url
but in a nutshell, it seems we were arguing that the clause preventing Harris from signing for other clubs was void as being in restraint of trade. It was clearly a restraint of trade, but the judge decided it was NOT void.
Now you may be forgiven for thinking if that was the only point we had, then we would have folded shortly after that decision (July 2005). But we didn't. In fact, the settlement was not until May 2008, nearly three years down the track. So what it was that at that time made us decide to fold, I can only guess.
Quote Bulliac="Bulliac"In terms of having the cash to pursue the case, I'm pretty sure it was Peter Hood, who said at the time that we conceded the case, it was [ibecause if we'd lost, it could have bankrupted the club[/i '"
That comment was made by Hood at a Fans' Forum in Feb. 2008 - see [url=http://www.guardian.co.uk/sport/2008/feb/01/rugbyleague.bradfordbullshere[/url. It was said [ibefore[/i the settlement, neither club was allowed to make any comment [iafter[/i the settlement but anyway the fact that losing would have bust us is something that would have been obvious from the start if you ask me. Yet at that forum Hood said he remained confident that the Bulls would not lose in court. Well maybe he would say that, I suppose.
It did emerge that a month earlier, in April 2008, the Rhinos offered to wipe out the whole claim in exchange for Sam Burgess [urlhttp://www.thetelegraphandargus.co.uk/news/2258161.print/[/url
Quote Bulliac="Bulliac"I certainly never heard anything about Leeds V Harris either, nor the Harris V his legal team action and I'd suspect both were dropped as it very much appeared to be a personal thing between the bigger players anyway. '"
The most recent thing I have been able to find is [url=http://www.guardian.co.uk/sport/2008/may/09/superleague.leedsrhinosthis report[/url in May 2008 which states that the Rhinos said that they were not abandoning the case against Harris; that Bradford were reserving the right to pursue legal action against him and the solicitors who advised him four years ago; that Harris had since dispensed with that firm's services and instigated legal action against it.
Quote Bulliac="Bulliac"I think my original musings are still of interest though; how did two experienced legal people read the runes so wrongly [assuming it wasn't a blunder by the judge and what just [imight[/i have been the outcome if it had gone through to conclusion? If we'd won, well most likely no admin for starters, if we'd still lost, would we be here in any form at all..'"
Indeed, but not just two experienced people, Harris's advisers were in the mix as well. The basic answer is, I suppose, in any complex commercial dispute, the court will rule one way or the other. It's not a case of getting anything "so wrong", in the vast majority of cases. It's just the court rules this way, instead of that. This is pretty normal. As would be, for example, an appeal court reversing that decision; and maybe further appeal courts in turn reversing it again. As indeed is even places like the Court of Appeal or even the Supreme Court ruling by majority decision (it must [ireally, majorly[/i pish a party off that loses a multi million commercial dispute when e.g. 2 out of 5 Law Lords agreed with that party!).
Don't forget that 50% of all litigants lose. In most cases they have not been negligently advised.