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International Chairman | 28357 | Bradford Bulls |
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| Quote Durham Giant="Durham Giant"See my second post. 95% of these types of civil cases start off with both sides thinking they will win.
Then usually after a preliminary hearing or a court direction one side realises their arguement has just being weakened.
Consequently you then get the two sides messing around in a game of Brinksmanship to see who blinks first. The side who thinks they have the weakest case then try to get out of it as quickly as they can. '"
Thanks for this. I never knew it worked like that.
Oh - just one thing. If that's how it works, then why didn't the then board try to get out of it as quickly as they could?
Or, indeed, as it happens, ever?
Quote Durham Giant="Durham Giant" They only settled because they knew they were going to lose the legal case. They lost the preliminary hearing in court and then it was pretty certain they would lose the whole legal case Unfortunately it took them three years to realise they were going to lose and that Leeds were not going to blink first.'"
That really doesn't sound a very likely scenario, now does it? "Took them 3 years to realise ..." - even you must register that that's a dumb proposition; and that's even ignoring that the people doing the alleged realising weren't actually the same ones! Did they do a long-term mind meld, or something, you think?
We can all ascribe whatever speculative reasons we like for why they settled, because we will never know. Your speculation is just that. I could speculate that it had been made crystal to the Bulls that if it went to trial and they lost, then the club would be liquidated. Whereas if they backed down and settled then (a) huge saving on legal costs (b) discount on compo (c) payment by instalments over a number of years, instead of a Statutory Demand. I could speculate that therefore rather than risk the whole existence of the club on a winner-takes-all gamble the new board decided to bite the bullet and do the deal. I don't profess to know (the circumstances of the settlement were all subject to strict confidentiality clauses) but I would bet a lot of money that my pure speculation is one helluva lot nearer the mark than your speculation.
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| FA in long winded point i cannot be bothered to read.
I am wrong. Bradford won the case. They suffered no financial penalty. Bradford have no financial problems as a result of the Harris case.
In anteater world it is alright because he argues semantic points on a discussion board.
Meanwhile on planet earth the Bradford Bulls are up the creek and it really started off with the Harris case.
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Player Coach | 8991 | Doncaster RLFC |
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| Quote Ferocious Aardvark="Ferocious Aardvark"
That really doesn't sound a very likely scenario, now does it? "Took them 3 years to realise ..." - even you must register that that's a dumb proposition; and that's even ignoring that the people doing the alleged realising weren't actually the same ones!
.'"
Just a point, whilst it may sound dumb for them to take 3 years to come to that conclusion, this is the board that many a Bradford fan have said lacked sense.
I'll concede the point it's unlikely, but in this case not impossible.
I work in a different world to the law, but I do hear some stories from my world were people are bang to rights yet appeal and appeal knowing they are in the wrong and despite judgements increasing any penalty laid down. But still they appeal and con themselves that they are in the right.
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International Chairman | 28357 | Bradford Bulls |
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| Quote bewareshadows="bewareshadows"Just a point, whilst it may sound dumb for them to take 3 years to come to that conclusion, this is the board that many a Bradford fan have said lacked sense.
I'll concede the point it's unlikely, but in this case not impossible.
I work in a different world to the law, but I do hear some stories from my world were people are bang to rights yet appeal and appeal knowing they are in the wrong and despite judgements increasing any penalty laid down. But still they appeal and con themselves that they are in the right.'"
To anyone like yourself who actually wants to talk about the matter in hand, I have always said that I found it very hard to see how the Bulls could possibly be found to have induced the breach. Harris was represented by an agent and lawyers. It was at least as much in his interests to be sure he was free to do what he was proposing to do before he did it, and so it's not like he was some naive unrepresented youngster, seduced by the bright lights of Bradford and conned into ting on his old club. The Bulls would have had to be found to have induced the breach of a contract that they were told by Harris's advisers he either did not have or was definitely not bound by. The Bulls either relied on Harris's assertions, or even formed their own independent view of it, but where in all that is there "inducement" in the strict sense needed in a breach of contract allegation? So from my viewpoint I felt the Bulls looked to have a strong case and I know of nothing that happened to change that.
I am done with DG given he's crying, and I am not a bully; though maybe you could have a word in your fellow moderator's ear and point out he's starting to behave strangely again. I would, but he wouldn't take it from me.
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| Quote Ferocious Aardvark="Ferocious Aardvark" The Bulls either relied on Harris's assertions, or even formed their own independent view of it, but where in all that is there "inducement" in the strict sense needed in a breach of contract allegation? So from my viewpoint I felt the Bulls looked to have a strong case and I know of nothing that happened to change that.
'"
Aardvark in I know better than the specialist lawyers and the judge in a court case where i have no real knowledge ofall the evidence shocker. Then you wonder why i ignore half the shiite you write.
If only the Bulls board had you as their legal advisor Bradford would have won the case, it would be Leeds who would be bankrupt and the Bulls who would be lording it all up.
You cannot make it up except in Aardvark world. Yopu should give up law and become a Sci Fi writer you could take over the role of Tery Pratchett. Just swap Discworld for Anteater world.
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Moderator | 36786 | Hull FC |
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| Quote Durham Giant="Durham Giant"No because once the judgement had been given the Bulls realised they had no defence.
If your case is that an action is not a restraint of case and your defence is built around that and the judge then says SORRY but your action is a restraint of trade then your defence goes out of the window.
It is pretty much the same as a murder trial and you claim self defence. If self defence is thrown out then you know you are left trying to defend a case that is very much weakened.'"
Rubbish. But I suspect you know that anyway.
The preliminary hearing was simply to determine whether or not a case could be brought against the Bulls at all. You have no idea what defence might or might not have been given in court because the Bulls ultimately chose not to take that route. The fact that it took them three years to decide on that course of action, during which time they spent considerable sums of money, strongly suggests that they did not immediately feel that they had no defence following the preliminary hearing.
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| Quote Kosh="Kosh"Rubbish. But I suspect you know that anyway.
The preliminary hearing was simply to determine whether or not a case could be brought against the Bulls at all. You have =#FF0000no idea what defence might or might not have been given in court because the Bulls ultimately chose not to take that route. The fact that it took them three years to decide on that course of action, during which time they spent considerable sums of money, strongly suggests that they did not immediately feel that they had no defence following the preliminary hearing.'"
Neither do you know what the defence was .
The point i made was about brinksmanship about who blinked first. At the end when it came to who thought they could win the Bulls or their legal team said, " we need to cut our losses we wont win". Hence they gave in and were stuck with damages and leagl fees. I would guess that if they had fought on that the legal fees could have doubled with the amount learned counsel charge for a hearing that might have lasted a few days.
That is why they gave in to cut their losses. The fact is that either their legal advice was poor or they were so desparate to play poker with the case that it dragged on for years and cost a lot more than it should have done.
If they had said to Leeds at the begining we are sorry can we give you £500k and leave it that it would probably have been accepted.
It was the same with the GIants and the Mason case. They were absolutely in the wrong on the basis of everything i read and were suitably punished in the tribunal. But they were so belligerent or had crap legal advice they went all the way and lost.
And i said at the time i was glad the Giants lost the case and they deserved to lose every penny it cost them.
I dont know how much it cost the Bulls in the end but it was a lot more than that. Maybe aardvark can tell us.
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Moderator | 36786 | Hull FC |
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| Quote Durham Giant="Durham Giant"Neither do you know what the defence was .'"
Indeed. because - and here's the important part so I'll type slowly - [iit was never tested in court.[/i
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| A big part of that delay is that another substantive point in the amount leeds could claim from Bradford was being heard in another case and a stay was put on the Bradford one.
So it seems another party were apparently 'as dumb' as Bradford and took the case all the way to the high court.
What people also seem to forget is the level of compensation. Even had Bradford lost the case, only an idiot would assume that Leeds would have been given the full amount claimed, and Leeds did in fact settle for a lower amount.
So whilst those looking to critics Bradford for this, it actually saved them money to fight the case than simply capitulate to leeds demands
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| Quote Kosh="Kosh"Indeed. because - and here's the important part so I'll type slowly - [iit was never tested in court.[/i'"
Indeed. because - and here's the important part so I'll type slowly P A R T O F I T W A S T E S T E D I N C O U R T.
That is why they had a preliminary hearing to test the validity of one each parties key points on whether it was or not a restraint of trade. One side had the judge agree with them the other one did not hence some of it WAS heard in court.
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| Quote SmokeyTA="SmokeyTA"A big part of that delay is that another substantive point in the amount leeds could claim from Bradford was being heard in another case and a stay was put on the Bradford one.
So it seems another party were apparently 'as dumb' as Bradford and took the case all the way to the high court.
What people also seem to forget is the level of compensation. Even had Bradford lost the case, only an idiot would assume that Leeds would have been given the full amount claimed, and Leeds did in fact settle for a lower amount.
So whilst those looking to critics Bradford for this, it actually saved them money to fight the case than simply capitulate to leeds demands'"
assuming that the five learned counsel involved in the case were and their instructing solicitors were doing it all free of charge 
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International Chairman | 7594 | Bradford Bulls |
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| Quote Durham Giant="Durham Giant"See my second post.'"
I did. The point stands. What people thought the outcome would be has no bearing on whether a judgement was made. No judgement was made.
I had no point to make beyond that.
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