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Appeal granted!

Discussion in 'Bristol Rovers' started by Captain Jack Sparrow, Jul 31, 2015.

  1. Captain Jack Sparrow

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    Rovers today were in court to give the reasons why we want to appeal.

    The judge who favoured Sainsburys was the judge today that Rovers were requesting to appeal against.

    So to my surprise, she granted the appeal so she feels there is ground to appeal, meaning she doesnt feel confident about her original decision. Well thats how I see it anyway!

    The club has stated that they think the appeal will take place in November/December time!
     
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  2. Gastronomic

    Gastronomic Well-Known Member

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    Seems a bit strange that she was the judge again today! Well, there must be some hope of a positive outcome. I'm sure there would have been an appeal even if her decision had favoured Rovers in the first place.
     
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  3. Delsy

    Delsy Active Member

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    All very admirable but by the sole fact that we are talking Bristol Rovers here I cannot help but think that the outcome will remain the same.

    The club says 'They hope this case will now be expedited so an appeal can be heard in Nov/Dec'.
     
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  4. Captain Jack Sparrow

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    Very interesting! http://www.bristolpost.co.uk/Bristo...er-Sainsbury/story-27521827-detail/story.html


    BRISTOL Rovers turned down an offer of £1.5million to settle its long running legal dispute with Sainsbury's - the supermarket has claimed.

    The news that Rovers turned down three separate settlement offers during their legal fight with Sainsbury's came on the day the club was told it could appeal against a vital high court judgement. It has also emerged Rovers are now facing a crippling legal bill of at £375,000.

    As reported in the Bristol Post Rovers and Sainsbury's have been locked in a legal dispute over a planned move to a brand new stadium in Frenchay.

    Rovers are hoping to build a brand new stadium at the UWE campus and were hoping to sell the Memorial Ground in Horfield to the supermarket.

    A deal had been agreed but Rovers decided to take legal action when Sainsbury's decided to pull out.

    The club took its case to the High Court but the judge ruled against the club leaving its plans in tatters.

    Earlier today Rovers were given leave to appeal against the ruling when the judge, who initially ruled in favour of the supermarket chain, agreed to allow an appeal after the club's barristers outlined the reasoning behind the application.

    A Sainsbury's spokesperson said: "We note that Bristol Rovers have been granted permission to appeal.

    "We understand it is a sensitive issue but are confident that the Court of Appeal will uphold the High Court's judgment that the conditional contract lawfully ended in November 2014.

    "We will continue to work with the local community through our existing Bristol stores which are extremely popular with customers."

    Sainsbury's went on to reveal details of the negotiations between the club and the supermarket.

    According to the supermarket:

    • The Judge also said that Bristol Rovers should have accepted a settlement offer from Sainsbury's of £1.5 million.
    • Bristol Rovers and Sainsbury's entered into a mediation session in April which was presided over by an independent judge.
    • The supermarket claimed it had a strong case but knew it was a sensitive issue for the club and offered a fair amount to settle the case.
    • The supermarket made two further offers to settle in May - the final offer being £1.5m - which were refused. Bristol Rovers demanded sums more than ten times what we finally offered. The dispute reached trial in the High Court in May.
    • The Judge ruled in Sainsbury's favour in July agreeing that the conditional contract between the supermarket and Bristol Rovers lawfully terminated in November 2014.
    • The judge made no findings of Sainsbury's acting in bad faith with the club.

    A spokesman for Bristol Rovers said: "After digesting the initial judgment in full, the club's lawyers felt the majority of the points which Mrs Justice Proudman was asked to consider, went in favour of the club.

    "It is this insight, and the ambiguity of the initial judgment statement, that has convinced us we have a positive case going forward.

    "The club will now seek to have the hearing expedited in the hope it will be held in late November or early December this year.

    "We would also like to take this opportunity to say we appreciate the support and encouragement we continue to receive from fans during this testing time."
     
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  5. Captain Jack Sparrow

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    Rovers explain.... http://www.bristolrovers.co.uk/news...ion-of-derisory-sainsburys-offer-2585761.aspx

    Mrs. Justice Proudman's willingness to allow us permission to appeal her judgment against the club further demonstrates the complexity of this case and the fact that the initial decision in favour of Sainsbury's last month was far from clear-cut.

    The club considers that the judge's decision further vindicates its decision to take action to compel Sainsbury's to complete purchase of the Memorial Stadium site.

    The case remains very much in the balance and the judge felt it should be considered further by the Court of Appeal.

    It is clear from the judgment most of the arguments relied upon by Sainsbury’s to justify their refusal to complete were incorrect, and were not accepted by the judge.

    Our case relied upon at least five points, of which we succeeded with all bar one. The remaining point will form the vanguard of the appeal.

    The club and our legal team therefore feel confident we can overturn the judgment in the Court of Appeal.

    In its statement yesterday, Sainsbury's claimed the judge said the club should have accepted the £1.5 million it offered to settle the case.

    That statement is INCORRECT.

    While it is true Sainsbury's made a cash offer to extricate itself from the litigation, the offer was derisory in the context of the value of the claim.

    It was not acceptable to the club as it did not come close to compensating us for the losses and costs incurred as a result of Sainsbury's refusal to honour the contract, or the lost time in relation to developing the UWE Stadium.

    Whilst the decision to order the club to make an interim payment of £375,000 in respect of costs is disappointing, this order will be reversed should the club succeed at the Court of Appeal.

    The figure represents a significant discount on what Sainsbury's could have expected in the usual course of events, and further indicates the judge's difficulties with their claim.

    In fact the figure is less than half the total costs Sainsbury's were claiming.

    The board of directors remains focused on delivering the UWE Stadium and securing the long-term future of the club.
     
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  6. old timer

    old timer Well-Known Member

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    Going by the comments of Mrs Justice Proudman if she is the judge overseeing the appeal we have no chance of winning
     
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  7. Captain Jack Sparrow

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    She isnt the judge overseeing the appeal. The appeal is being done at court of appeal <ok>

    She has accepted the right of appeal for either not confident in her own outcome or is very confident and wants to say 'I told you so' to Rovers.
     
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