FORUMS > Wakefield Trinity > bulls |
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| Well folks I have been looking into the workings of the High Court. From what I read it sits 4 periods within a year.
The present period is known as Trinity and it ends on 31 July.
The courts will not sit again till the next period starting 1 October.
Therefore I really can't see this sorry affair getting heard well after the season has finished. I therefore think this is nothing more than bluster from Green and all he is doing is spending a lot of money on an exercise in futility.
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| Quote: jack in the box "Well folks I have been looking into the workings of the High Court. From what I read it sits 4 periods within a year.
The present period is known as Trinity
I don't think the action is about recovering the 6 points. I don't think the High Court has any jurisdiction over how the RFL/SL runs its business provided it's within the law and therefore cannot order the RFL to give the points back. My experience of the High Court is that Plaintiffs bring an action against Defendants because they have a dispute over interpretation of laws and or procedures and that interpretation or failure to follow procedures has cost the Plaintiff and has a result they have suffered financial loss.
In this case if the RFL has failed to follow its own procedures the Court can rule that and then the RFL would have to give the points back and then take them back off Bradford by following the correct procedure. The matter as to whether Bradford had suffered financially can be determined by the Court and Bradford awarded compensation accordingly.
You are correct about the sitting of the Court. This case is unlikely to be heard before November and could run into 2015.
As I said, I don't believe its about the points now. I think its about 2 things.
Firstly an attack on the RFL as the Bulls believe that the RFL has not treated them fairly. Maybe the RFL suggested Administration to the Bulls and said that there would not be a point deduction - which would have been contrary to what they did with us and Crusaders and totally different to how they were going to deal with us when Andrew Glover suggested Administration. Do you recall just after Marc Green was announced as the new owner there was a statement on the Bulls website that said something like that the RFL had agreed that were was to be no point deduction which was very quickly removed.
Secondly this case could drag on for quite a while and this maybe what the Bulls are hoping for. The uncertainty it could cause may result in the Bulls claiming that the RFL cannot set the format and fixtures for 2015 and therefore should put everything back 12 months until 2016. Consequently there would be be no relegation this year.
Just my opinion, I may be way off the mark.
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| Which is what I said days ago
Quote: The Avenger "The Bradford Bulls have today announced that they will take the RFL to the High Court in order to challenge the 6 point deduction. Mark Green says he's doing this not just for the Bulls but for the good of the wider game.
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| Quote: The Avenger "Which is what I said days ago
'"
Did not see your post but it looks like we are in agreement. The difference being that you think their aim is only to relegate 1 team this year and run with 13 next year whereas I think their aim is that no one get relegated and we start with 14 teams with everything else put back a year.
Don't think the Championship Clubs would buy this.
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| Quote: Sandal Cat "
Don't think the Championship Clubs would buy this.'"
Or Sky
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| Quote: Sandal Cat "I don't think the action is about recovering the 6 points. I don't think the High Court has any jurisdiction over how the RFL/SL runs its business provided it's within the law and therefore cannot order the RFL to give the points back. My experience of the High Court is that Plaintiffs bring an action against Defendants because they have a dispute over interpretation of laws and or procedures and that interpretation or failure to follow procedures has cost the Plaintiff and has a result they have suffered financial loss.
In this case if the RFL has failed to follow its own procedures the Court can rule that and then the RFL would have to give the points back and then take them back off Bradford by following the correct procedure. The matter as to whether Bradford had suffered financially can be determined by the Court and Bradford awarded compensation accordingly.
You are correct about the sitting of the Court. This case is unlikely to be heard before November and could run into 2015.
As I said, I don't believe its about the points now. I think its about 2 things.
Firstly an attack on the RFL as the Bulls believe that the RFL has not treated them fairly. Maybe the RFL suggested Administration to the Bulls and said that there would not be a point deduction - which would have been contrary to what they did with us and Crusaders and totally different to how they were going to deal with us when Andrew Glover suggested Administration. Do you recall just after Marc Green was announced as the new owner there was a statement on the Bulls website that said something like that the RFL had agreed that were was to be no point deduction which was very quickly removed.
Secondly this case could drag on for quite a while and this maybe what the Bulls are hoping for. The uncertainty it could cause may result in the Bulls claiming that the RFL cannot set the format and fixtures for 2015 and therefore should put everything back 12 months until 2016. Consequently there would be be no relegation this year.
Just my opinion, I may be way off the mark.'"
It was Mark Moore who was chairman when that statement was on the Bulls website, not Green who came along afterwards to purchase the club.
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| Quote: Sandal Cat "Did not see your post but it looks like we are in agreement. The difference being that you think their aim is only to relegate 1 team this year and run with 13 next year whereas I think their aim is that no one get relegated and we start with 14 teams with everything else put back a year.
Don't think the Championship Clubs would buy this.'"
Can of worms because if this type of compensation culture is to develop in the game , we could then have the likes of Fev etc putting in counter claims because all their financial planning for the new format and costs incurred will have been in vain.
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| Quote: Bully_Boxer "It was Mark Moore who was chairman when that statement was on the Bulls website, not Green who came along afterwards to purchase the club.'"
Sorry, got the wrong Marc/Mark.
The statement did appear though and one wonders why such a statement should have been made.
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| Quote: jack in the box "Can of worms because if this type of compensation culture is to develop in the game , we could then have the likes of Fev etc putting in counter claims because all their financial planning for the new format and costs incurred will have been in vain.'"
Correct. It's all these shenanigans that are causing me to lose my love of the game.
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| Quote: Sandal Cat "Sorry, got the wrong Marc/Mark.
The statement did appear though and one wonders why such a statement should have been made.'"
Yes, it is easy to get things muddled in the mess of a situation.
My opinion which I doubt will receive much support or sympathy on here is that relegation should never have been allowed to happen this year. I just can't see how it can be correct that such an important change to the rules is made whilst clubs are receiving differing amounts of central funding. And let's not forget the daft Magic concept whereby clubs aren't even facing the same opposition the same number of times in the season.
A complete mess from the RFL which looks likely to only get even messier in the future.
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| I was arguing with a Bradford fan at work the other day about this. He was under the illusion that if they win their 6 points back they will be on 14 points. I asked how he got that and he called me a few names to suggest I was uneducated, then he said it's really simple, the 6 points deducted plus the 8 points we have already won. I couldn't for the life of me get it through to him that the 6 points weren't extra points but the -6 points they started the season with. He also went on about how Green must be doing the right thing because the good Dr said so on twitter. Given last night's result and if Bradford get within 6 points of Salford, I think Marwan might not be such an advocate of the High Court proceedings.
I have nothing against Bradford or Salford but for me there is one of three possible outcomes which would bring a wry smile to my face.
1. Bradford spend pointless amounts of money on the court action and not get the points back.
2. They win their High Court appeal and still go down.
Or
3. They win in court and finish above Salford relegating them, just to hear how much the good Dr thinks Bradford did the right thing then.
For the sake of the Bradford club and its many decent supporters the club should save their money, regroup and look to build for next season, because to be completely honest they are probably have the strongest chance of getting back at the first attempt.
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| Quote: Bully_Boxer "Yes, it is easy to get things muddled in the mess of a situation.
My opinion which I doubt will receive much support or sympathy on here is that relegation should never have been allowed to happen this year. I just can't see how it can be correct that such an important change to the rules is made whilst clubs are receiving differing amounts of central funding. And let's not forget the daft Magic concept whereby clubs aren't even facing the same opposition the same number of times in the season.
A complete mess from the RFL which looks likely to only get even messier in the future.'"
I can see your point but can you also see it from our point of view.
Prior to your 2nd Administration your Board must have known that they were in the financial clag but still continued to recruit players ready for this season. They must have known that they did not have the finances to do this and pay all their creditors including the HMRC.
Contrast it with our position. In the financial clag like you, RFL tell us Administration would result in us losing our Super League licence so what do we do. We sell players and cut costs and PAY our creditors including HMRC. You could have done this but chose not to and chose Administration and now expect no penalty.
Can you not see why Wakefield Fans are a touch unhappy.
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| Great post sums it up in a nutshell...
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| Quote: Sandal Cat "I can see your point but can you also see it from our point of view.
Prior to your 2nd Administration your Board must have known that they were in the financial clag but still continued to recruit players ready for this season. They must have known that they did not have the finances to do this and pay all their creditors including the HMRC.
Contrast it with our position. In the financial clag like you, RFL tell us Administration would result in us losing our Super League licence so what do we do. We sell players and cut costs and PAY our creditors including HMRC. You could have done this but chose not to and chose Administration and now expect no penalty.
Can you not see why Wakefield Fans are a touch unhappy.'"
you wasting your time Ian, so many have repeatedly said the same comments and they refuse to see our point of view,
we had a team ready to take on the top 8 but had to be dismantled due to poor administration, now that MC & CB are controlling the finance's we are getting back to strength and look like we can compete.
there are far more serious issues that have hoodwinked this fine club and getting them sorted all at the same time while putting up with the uncertainty of relegation and the love for bradford, they wouldn't like to put up with what we are having to
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| Quote: snowie "you wasting your time Ian, so many have repeatedly said the same comments and they refuse to see our point of view,
we had a team ready to take on the top 8 but had to be dismantled due to poor administration, now that MC & CB are controlling the finance's we are getting back to strength and look like we can compete.
there are far more serious issues that have hoodwinked this fine club and getting them sorted all at the same time while putting up with the uncertainty of relegation and the love for bradford, they wouldn't like to put up with what we are having to'"
That's what I find as concerning as anything.
I think Steve you are a star doing all the work you have done with this in the background. I'd love to know who is behind all this.
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