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Post by Henbury Gas on Sept 30, 2014 20:51:39 GMT
Lets get this Straight - if Sainsbury loose they pay us the full value of the contract - its in the contract - simple That's not the hymn sheet that Ware and Jelf are singing from. Don't think those two know what a hymn sheet is
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Post by Topper Gas on Sept 30, 2014 21:03:02 GMT
Lets get this Straight - if Sainsbury loose they pay us the full value of the contract - its in the contract - simple In theory but can you see them handing over a cheque for £30m+ without a fight? They'll know full well the longer they drag things out the more chance that NH may take a lower offer just to clear the debts. There are fast becoming the new Trash.
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Post by empirebaypete on Sept 30, 2014 21:07:17 GMT
Lets get this Straight - if Sainsbury loose they pay us the full value of the contract - its in the contract - simple In theory but can you see them handing over a cheque for £30m+ without a fight? They'll know full well the longer they drag things out the more chance that NH may take a lower offer just to clear the debts. There are fast becoming the new Trash. ![](http://www.independent.co.uk/incoming/article9764620.ece/alternates/w620/sainsburys.jpg) They've just started a campaign to raise the money apparently
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Post by Mark Ash on Sept 30, 2014 21:13:11 GMT
Well, from my point of view, that represents a wide range of views and knowledge, with a few wild swipes thrown in... I like the thought that the longer Sainsbury's leave it, the worse their situation gets, as long as the delivery restrictions are lifted. We'll see what happens. I just hope Rovers get something substantial out of it all.
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Post by empirebaypete on Sept 30, 2014 21:18:09 GMT
Well, from my point of view, that represents a wide range of views and knowledge, with a few wild swipes thrown in... I like the thought that the longer Sainsbury's leave it, the worse their situation gets, as long as the delivery restrictions are lifted. We'll see what happens. I just hope Rovers get something substantial out of it all. I haven't read all the thread, so this might have been mentioned already. But I wouldn't mind betting our people are talking to their people negotiating a deal for Sainsbury to get out of this deal. As for the longer it goes on, I would have thought the situation gets worse for The Rovers, not Sainsbury's. We need the money ASAP.
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Post by Mark Ash on Sept 30, 2014 21:24:27 GMT
Well, from my point of view, that represents a wide range of views and knowledge, with a few wild swipes thrown in... I like the thought that the longer Sainsbury's leave it, the worse their situation gets, as long as the delivery restrictions are lifted. We'll see what happens. I just hope Rovers get something substantial out of it all. I haven't read all the thread, so this might have been mentioned already. But I wouldn't mind betting our people are talking to their people negotiating a deal for Sainsbury to get out of this deal. As for the longer it goes on, I would have thought the situation gets worse for The Rovers, not Sainsbury's. We need the money ASAP. I was referring to the point that Sainsbury's could be liable for profits lost through the delay which they have caused.
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Post by aghast on Sept 30, 2014 21:26:25 GMT
Lets get this Straight - if Sainsbury loose they pay us the full value of the contract - its in the contract - simple Now you know and I know and everyone knows that nothing is simple when it comes to paying someone £30m when they don't want to. I don't believe for a second that you actually mean what you say. You know that the retail Goliaths can eat us for breakfast if they want to. And the club also know that too. They can't afford a long drawn out legal fight. The supermarket can. I suspect it's now going to be down to negotiation, not the legal rights and wrongs, even if we're right and they're wrong. I'll take a finger in the air total guess of £3m compensation for final settlement, loss of profit, legal fees etc. Way, way, below what we're due, but a useful cash injection to the club, and added to the sale of the Mem for housing, maybe a total £13m to build something smaller but expandable at UWE. Just making all this up, of course, but that is how I see it going. Let's see.
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Post by BishopstonBRFC on Sept 30, 2014 21:29:03 GMT
Lets get this Straight - if Sainsbury loose they pay us the full value of the contract - its in the contract - simple Now you know and I know and everyone knows that nothing is simple when it comes to paying someone £30m when they don't want to. I don't believe for a second that you actually mean what you say. You know that the retail Goliaths can eat us for breakfast if they want to. And the club also know that too. They can't afford a long drawn out legal fight. The supermarket can. I suspect it's now going to be down to negotiation, not the legal rights and wrongs, even if we're right and they're wrong. I'll take a finger in the air total guess of £3m compensation for final settlement, loss of profit, legal fees etc. Way, way, below what we're due, but a useful cash injection to the club, and added to the sale of the Mem for housing, maybe a total £13m to build something smaller but expandable at UWE. Just making all this up, of course, but that is how I see it going. Let's see. I'd take that scenario tbh.
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Post by Deleted on Sept 30, 2014 23:00:59 GMT
Now you know and I know and everyone knows that nothing is simple when it comes to paying someone £30m when they don't want to. I don't believe for a second that you actually mean what you say. You know that the retail Goliaths can eat us for breakfast if they want to. And the club also know that too. They can't afford a long drawn out legal fight. The supermarket can. I suspect it's now going to be down to negotiation, not the legal rights and wrongs, even if we're right and they're wrong. I'll take a finger in the air total guess of £3m compensation for final settlement, loss of profit, legal fees etc. Way, way, below what we're due, but a useful cash injection to the club, and added to the sale of the Mem for housing, maybe a total £13m to build something smaller but expandable at UWE. Just making all this up, of course, but that is how I see it going. Let's see. I'd take that scenario tbh. No thanks, we can and will do much better than that.
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Post by BishopstonBRFC on Oct 1, 2014 5:48:21 GMT
I'd take that scenario tbh. No thanks, we can and will do much better than that. I wish I shared your optimism but right now all I can see is us in the ramshackle Mem for years to come, just a few million worse off than we were before all this.
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Post by peterparker on Oct 1, 2014 6:59:16 GMT
I'd take that scenario tbh. No thanks, we can and will do much better than that. Hopefully, but as said above. Even if Sainsbury's lose. I doubt they will go "fair cop, here's your £30m" just like that.
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Post by gasincider on Oct 1, 2014 7:16:53 GMT
Wouldn't want some of you running my business. If Sainsburys are granted additional delivery times they pay up in full. It's in the contract and all this crap about them dragging it on for years is pie in the sky.
The courts have it in their remit to award punitive damages for breach of contract, and that takes very little time to assess. The damages could easily outstrip the original price and Sainsburys know this. This is what courts use to persuade big companies to honour contracts to little ones.
If We win the appeal to the planning department , Sainsburys will pay up within days.
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Post by Topper Gas on Oct 1, 2014 7:44:13 GMT
"punitive damages for breach of contract" that's as rare as finding an hen's teeth in this country we're not the states. Going for my earlier suggstion of going for loss of profits seems far more likley to succeed.
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Post by lincsblue on Oct 1, 2014 8:06:49 GMT
I just can't see the extension to delivery times being granted....
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Post by Henbury Gas on Oct 1, 2014 8:45:19 GMT
I just can't see the extension to delivery times being granted.... oh i can ![:D](//storage.proboards.com/forum/images/smiley/grin.png) BCC Planning have put to much time and effort into this project to let alittle issue like this to stop it now
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Post by simon1883 on Oct 1, 2014 9:00:04 GMT
BCC can probably see a win win here.. They get the delivery times through for us, and then Sainsburys have to cough up. But wait, They dont want to build another store so they sell to a developer and the place gets turned in to houses/community facilities...
Everyone a winner!
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Post by Brisbane Rovers on Oct 1, 2014 9:08:15 GMT
I know nothing of the ins and outs of this, however, damages is not the only remedy for breach of contract. The courts have the ability to grant an equitable remedy(Specific Perfomance) that compels a party to perform the contract according to its terms, in order that justice is done. This may be used, at the courts discretion, where monetary damages are inadequate. I'm not suggesting that this would necessarily be the outcome, however, it is a route that may be pursued if the planning application successful and Sainsburys do not honour the terms of the contract. Time is our biggest enemy; the wheels of justice turn very slowly.
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Post by empirebaypete on Oct 1, 2014 9:10:58 GMT
BCC can probably see a win win here.. They get the delivery times through for us, and then Sainsburys have to cough up. But wait, They dont want to build another store so they sell to a developer and the place gets turned in to houses/community facilities... Everyone a winner! So the Mem is allegedly worth 30 million to Sainsbury's to put a supermarket on. This obviously because it's a business and will (should) continue making money. Now I've read elsewhere, and posted a link on here, that says Tesco are using land they originally bought for supermarkets (or at least to stop competition building them) for homes now. So how much would the Mem be worth to a developer for housing? Nowhere near the 30? In your post, simon1883 you say "they sell to a developer". Do you mean Sainsbury's? Sainsbury's buy it for 30 million because they have to and then sell it for less to a developer?
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Post by empirebaypete on Oct 1, 2014 9:13:36 GMT
I know nothing of the ins and outs of this, however, damages is not the only remedy for breach of contract. The courts have the ability to grant an equitable remedy(Specific Perfomance) that compels a party to perform the contract according to its terms, in order that justice is done. This may be used, at the courts discretion, where monetary damages are inadequate. I'm not suggesting that this would necessarily be the outcome, however, it is a route that may be pursued if the planning application successful and Sainsburys do not honour the terms of the contract. Time is our biggest enemy; the wheels of justice turn very slowly. 100% right there. Even if damages are awarded Sainsbury's will be still be fighting the case in five years time. There's no way they'll want to pay...... anything
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Post by Topper Gas on Oct 1, 2014 10:09:07 GMT
Not so sure they will as they will will want to try and keep there good name in Bristol, they clearly need every penny, well 50p, from shoppers at present. If the contracts are watertight they may pay up rather than drag this though the courts in the public domain, don't forget customers have long memorys.
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