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Tiger Tiger
05 Mar 21 12:53
Joined:
Date Joined: 14 Jul 09
| Topic/replies: 20,804 | Blogger: Tiger Tiger's blog
The battle is well underway.............despite failing to have the bent and bias Chairman of the takeover arbitration panel removed.


Mike Ashley still feels he has a very strong case that he can win and that this Newcastle United takeover can still be ‘pushed through’…

Newcastle United Official Statement:

‘NUFC v EPL public statement to be considered following publication of the two judgments:

Today the High Court handed down judgment in NUFC’s application to have the Chairman of the Arbitration Panel under the Premier League’s (‘EPL’) Rules removed from hearing its claim concerning the proposed takeover of the Club. The Club asked for the Chairman to be removed on the ground of apparent bias.

The Club made the application because two weeks after the Chairman had been appointed the lawyers representing the Premier League, Bird & Bird, disclosed information that the Club had previously been unaware of. In particular, Bird & Bird disclosed that the Chairman had provided confidential advice to the EPL in 2017.

Although the advice was not provided to the Club, the Club was informed that the Chairman had advised the EPL on amendments to its ‘Owners and Directors Test’ (‘OADT’) in Section F of its Rules. Shortly after the Chairman provided that advice in 2017 the Rules were changed to prevent a foreign owner involved in alleged broadcasting piracy from passing the test.

This information concerned the Club given the following context: in a much publicised letter to EPL clubs in April 2020, BeIN Sports called for the EPL to “strictly apply” the OADT to prevent the Saudi sovereign wealth fund, PIF, from being involved in the takeover of the Club because BeIN alleged that the Kingdom of Saudi Arabia (‘the KSA’) was involved in broadcasting piracy. Later that year, the EPL decided that the KSA controlled the PIF and was therefore a ‘Director’ under its Rules. The Club disputes this analysis and brought an arbitration to reverse the decision. As today’s Judgment records, the Club’s case is that the arbitration is wider than simply the definition of ‘Director’ and part of the Club’s challenge is to the lawfulness of the EPL’s approach when considering the takeover.

The Chairman had also failed to disclose, when he was appointed, that he had previously been appointed by Bird & Bird and, in the last 3 years, had been an arbitrator in 12 cases involving Bird & Bird. When challenged by the Club, prior to the High Court claim, the Chairman did not agree to step down. The Club’s concerns were heightened when he then engaged in unilateral communications with Bird & Bird about the Club’s challenge, which is expressly against the EPL arbitration rules. In his private emails with the EPL’s lawyers he asked if they wanted him to carry on as Chairman, and he later explained that if they had asked him to step down he would have done so. The private email exchange was only disclosed after Bird & Bird suggested it should be.

Although the Court was critical of these communications, describing them as an “error of judgment” the Court refused the Club’s application to remove the Chairman on grounds of apparent bias.

The Club is disappointed with the Court’s judgment on this issue. As noted at the end of the Judgment, the Club submitted that the Judge did not address all of the Club’s arguments. The Club is committed to the speedy and fair determination of its claim so that the proposed takeover can go ahead as soon as possible. However, it felt it had to make this application given the need for the dispute to be determined by way of a fair process. The Club is considering whether or not to pursue an appeal.

The Club argued for the hearing to be in public but lost on that argument. The Club also wanted the Judgment to be published, even though it was dissatisfied with the outcome. Meanwhile, the EPL attempted to prevent it from being published at all. The EPL said that if it was published it should be heavily redacted and anonymised so that readers would not be able to identify the dispute. Unfortunately, this is consistent with the EPL’s lack of transparency over the takeover. The Club won on this point. The Judge rejected the EPL’s arguments and said there was a “public interest” in publication of the Judgment. The Club welcomes the fact that at least its supporters, and the wider public interested in the takeover and the dispute, will now be able to have some information about the process.

The Club shall continue to actively pursue its claim in the arbitration and calls on the EPL to resolve the matter in a speedy and transparent way that does not prevent the substantial investment into English football, and the North East region, that the proposed takeover would bring.’
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Report ----you-have-to-laugh--- March 5, 2021 2:12 PM GMT
Getting too technical,.. To a point where its not the takeover
but loses suffered by its prevention.

Some might argue his mis management of the club has devalued
his brand more than the prem leagues prevarication
Report nineteen points March 5, 2021 2:15 PM GMT
its a downward spiral that needs arresting.
Report Tiger Tiger March 5, 2021 2:18 PM GMT
The PL are bent, simple. They are doing everything they can to prevent this takeover ever happening, and have done so since day one, they need to be exposed.
Report G Hall March 5, 2021 2:54 PM GMT
Why would they do that tiger
Report ----you-have-to-laugh--- March 5, 2021 3:02 PM GMT
Tend to agree tiger

Or they can state a reason they have rejected it.





Still think the current court case is more about compo
But we shall see.
Report Tiger Tiger March 5, 2021 3:13 PM GMT
G Hall05 Mar 21 15:54Joined: 26 Feb 06 | Topic/replies: 9,482 | Blogger: G Hall's blog
Why would they do that tiger?


No idea G Hall, there were rumours that 4 PL clubs had privately objected to the takeover, for what reasons? we will never know unless the PL are forced to reveal everything that has gone on including that that has gone on behind closed doors.
Report G Hall March 5, 2021 10:16 PM GMT
Ok thanks for the reply
Report Bish Bosher March 6, 2021 7:44 PM GMT
All this fuss over a wee club in the North East; premier league should be ashamed of themselves #premierleagueiscorrupt
Report Tiger Tiger July 19, 2021 7:16 PM BST
Sadly:

The arbitration hearing, which will decide whether last summer’s proposed £300million sale to a consortium led by Amanda Staveley and backed by Saudi Arabia’s sovereign wealth fund can be resurrected, has been adjourned until ‘early 2022’.

The parties attended a hearing on Monday, July 19 in the case between Newcastle United and the Premier League.

A club statement confirmed: “The main hearing of the arbitration has regrettably now been adjourned until early 2022 due to issues with the disclosure of evidence.

“The parties will be making no further comment at this time.”

Both Staveley and Newcastle owner Mike Ashley have called for transparency from the Premier League and for the hearing to be held in public.

The hearing was set to take place this month though no date was officially set. Now all parties will have to wait until at least next year before the situation is resolved.
Report Bish Bosher July 19, 2021 8:06 PM BST
Talk about free money; Ashley won't invest in the club while all this is going on so the only way is down for Newcastle; only hope is that there are 3 worse clubs in the league
Report Tiger Tiger July 19, 2021 8:21 PM BST
Aye Bish, 4th bottom will be the aim once again.
Report brentford July 19, 2021 8:33 PM BST
continues to amaze me that outside of a questionable owner bid the club hasn't been snapped up years ago..

good history, ready made passionate fan base, great stadium ...obviously post covid things have changed a bit in terms of money swilling about but should have happened years ago..

much sympathy to any genuine N'castle fans
Report ----you-have-to-laugh--- July 19, 2021 8:49 PM BST
Both sides have more info to disclose.

This will take 6 months

Really?
Report Tiger Tiger August 8, 2021 8:53 PM BST
The fat controller finally gets his cheque book out, Joe Willock on his way to toon for £20m, only team in the PL not to sign a player this transfer window until now.
Report nineteen points August 8, 2021 9:03 PM BST
so we pay 20mill for someone the arsenal dont want and started most of our last 10 games on the bench?

fair do's he scored plenty gurls but is/was he he blurk you go to war with for the new season

asking for a friend
Report nineteen points August 8, 2021 9:03 PM BST
so we pay 20mill for someone the arsenal dont want and started most of our last 10 games on the bench?

fair do's he scored plenty gurls but is/was he he blurk you go to war with for the new season

asking for a friend
Report Tiger Tiger August 8, 2021 9:17 PM BST
? Started 11 and was sub just twice, I think.
Report sofiakenny August 8, 2021 9:20 PM BST
get that kangaroo burger down yer neck tigger...hows farming life?
Report nineteen points August 8, 2021 9:23 PM BST
the ins and outs of him doesnt detract from the fact that a proper midfield playmaker is needed along with a good solid centre half.another forward obviously.we wont get any of them and have no intention of even trying.keep spilling the sh1te out to the eedjits,theybwill suck it up,we will be fine.
Report Bish Bosher August 10, 2021 8:47 PM BST
Still no announcement on Willock
Report nineteen points August 10, 2021 9:11 PM BST
Saving a weeks wages innit bish.
Report nineteen points August 10, 2021 9:11 PM BST
Saving a weeks wages innit bish.
Report Bish Bosher August 10, 2021 9:18 PM BST
head in hands man
Report Tiger Tiger August 10, 2021 10:16 PM BST
Personal terms to be agreed and a medical to pass. And saving wages as pointa said, tight feckers.
Report Tiger Tiger August 11, 2021 10:31 PM BST
Greedy agents trying to get silly wages for a 21 year old with just 50 or so appearances to his name, ffs.
Report smirnoff2therescue August 11, 2021 10:38 PM BST
or more likely FCB wanting to pay YTS wages - this kid cud save him 150 mill but hey im not the businessman ..... that wuda got us relegated under my regime twice ova already  LoveLoveLaughLaugh

massive value bet to go down this season
Report Tiger Tiger August 25, 2021 4:12 PM BST
From Dick Masters of the PL:

Dear Ms Onwurah, (MP)

I am writing in reply to your letter of 5 July.

You will now be aware that on Monday 19 July Newcastle United FC and the Premier League attended a hearing on its ongoing arbitration. The main hearing has now been adjourned until early 2022 due to issues with the disclosure of evidence. Both parties have agreed that we would not be making any further comment at this time.

As background, arbitration proceedings are always confidential. That is as set out in the Premier League's rules. Many arbitration proceedings in commercial, political, civic and other areas of life are conducted in confidence, where that enables those proceedings to be more effective in reaching a conclusion, not least in giving participants greater freedom to provide information and express views. Newcastle United FC, along with all other member Clubs, agreed to these procedural rules for arbitration.

I would like to make it clear, in response to your suggestion of rumoured Club involvement in this process, that this is absolutely not the case. The Owners' and Directors' Test (OADT) is delegated to and carried out entirely by the Premier League Board. Other member Clubs have no role whatsoever in the OADT or arbitration processes.

The Premier League has met and will continue to meet, with supporter representatives as part of our structured dialogue process where we have the opportunity to discuss concerns supporters have directly. I met with Newcastle United Supporters Trust representatives on 19 August 2020. Minutes of that meeting are available on the Football Supporters' Association website.

The OADT was most recently updated at the Annual General Meeting of all Member Clubs in May 2021 where additional disqualifying conditions were agreed including failure to sign the Owners' Charter and breaching the new rules on breakaway competitions. A statement was released on this matter.

We are continuing to look at ways in which we can enhance the OADT and its transparency.

I completely understand the frustration that this matter has caused Newcastle United FC supporters. (Lying Bastard)Mischief

Yours sincerely,

Richard Masters


WALOFS, he doesn't answer in full the accusation that other PL clubs privately moved to suggest to the PL that the takeover should be blocked. Nor does he say whey the PL are frightened for the arbitration process to be shown live so that all football fans can hear the answers to all the questions that will be asked. Masters, bent as fcuk.
Report ----you-have-to-laugh--- August 25, 2021 4:34 PM BST
It's a farce tiger.

One side hiding behind layer upon
layer of buffers whilst wanting
the other side to jump through
hoops.

Of course they should jump through
some hoops, but they should
be told where the hoops are.
Report nineteen points August 25, 2021 4:59 PM BST
Its just totally unbelievable that a 350million pound deal,which will also bring massive,positive investment to a socially deprived area,involving one side who very much wants to sell and the other side who very much want to buy,is being stopped by a panel of nameless, faceless people,with no viable reason being given.To confound the whole farce,it is now being adjourned till "early" next year!!

There is something going on here that is just not right and well above our pay grade of informed about.
Report Tiger Tiger August 25, 2021 5:26 PM BST
Couldn't of putter it better pointa, nail on head.
Report inner city sumo August 25, 2021 5:39 PM BST
What's the investment/development being proposed other than buying the football club? Have they pledged to do other stuff?
Report Tiger Tiger August 25, 2021 6:06 PM BST
Yes, the Reuben brothers, who will be 10% shareholders, will redevelop quite a large area of the City Centre creating hundreds of construction jobs followed by 250-300 permanent jobs, much needed.
Report inner city sumo August 25, 2021 6:17 PM BST
Is it going to be recreation/nightlife type stuff? Obviously with what's happened the last 18 months it would be difficult to know what sectors the centre needs. Offices are on their way out. Housing doesn't bring permanent jobs and people are moving out from the city rather than in. There's enough empty shops in Grainger Town so that's not needed. I guess facility type project, sports facilities, gyms etc might be a runner. Plain
Report Tiger Tiger August 25, 2021 7:09 PM BST
Its rather a large area that's for redevelopment so doubt that it would be just one particular type business that would be involved, its the area in and around the old Odeon and Fire Station.

There are currently only 8 retail properties to rent /for sale in Grainger Town, about average I would say. The two brothers are two of the richest men in the UK so you would think they would know what they are doing, more so given that their riches have arrived via their portfolio's of property.
Report nineteen points August 25, 2021 7:13 PM BST
The metro radio/manners area is ready for demolition and revamp.a lot of land there
Report inner city sumo August 25, 2021 7:32 PM BST
I must have walked past more than 8 last time I was in town! At 10% these brothers are very much the minority interest in the deal though aren't they, and with no interest in football I guess it's clear where their interest is and it's the development. That area on Pilgrim Street isn't great, but why is that anything to do with the football club sale? I thought this was going to be between the ground and Discovery Museum, I'm sure there were brownfield spaces around there. Will be interesting to see what appears assuming it goes through.

Given the politics of plenty of the Newcastle fans on here I am however surprised they're so keen to see the club sold to Saudi Arabia, even if Ashley's wallet has been welded shut.
Report Bish Bosher August 25, 2021 9:58 PM BST
One word HOPE
Report inner city sumo August 25, 2021 10:25 PM BST
It's the hope that kills ya!
Report ----you-have-to-laugh--- August 25, 2021 11:49 PM BST
Anybody interested in the club
is an improvement on Ashley.

Worry about new owners at later date.

The developments seem to be
going ahead anyway, maybe at
slower pace.

If club was doing well then
business around the city picks
up too.
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